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2017/06/07 - Agenda Packet
CITY OF RANCHO CUCAMONGA AGENDAS FIRE PROTECTION DISTRICT BOARD — HOUSING SUCCESSOR AGENCY — SUCCESSOR AGENCY — PUBLIC FINANCING AUTHORITY - CITY COUNCIL WEDNESDAY, JUNE 7, 2017 REGULAR MEETINGS: 1st d 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION Tapia Conference Room REGULAR MEETINGS Council Chambers MEMBERS: MAYOR MAYOR PRO TEM COUNCIL MEMBERS L. Dennis Michael Lynne B. Kennedy William Alexander Sam Spagnolo Diane Williams 5:00 P.M. 7:00 P.M. CITY MANAGER CITY ATTORNEY CITY CLERK CITY TREASURER John R. Gillison James L. Markman Janice C. Reynolds James C. Frost Rancho Cucamonga City Council Mission Statement Make decisions, and be perceived as making decisions, for the general welfare of the community. Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. Set the vision for the community for the future. Have a professional, objective, and respectful relationship with each other in order to more effectively address the challenges of the future. INFORMATION FOR THE PUBLIC ..Ailekio eoCAMONGA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Financing Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other "Public Communications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Financing Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. CITY OF RANCHO CUCAMONGA JUNE 7, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Roll CaII: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS (No DISCUSSION OR ACTION WILL OCCUR) D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP, RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION, TEAMSTERS LOCAL 1932, FIRE MANAGEMENT EMPLOYEE GROUP, AND FIRE SUPPORT SERVICES ASSOCIATION. — CITY/FIRE D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632. — CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT BASE LINE ROAD AND DAY CREEK (APN#: 1089- 031-36-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, CITY OF RANCHO CUCAMONGA AND STEVE PONTELL, PRESIDENT AND CEO, NATIONAL COMMUNITY RENAISSANCE; REGARDING PRICE AND TERMS. — HOUSING SUCCESSOR AGENCY D4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) Page 1 of 7 JUNE 7, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A. ANNOUNCEMENT / PRESENTATIONS Al. Certificate of Appreciation honoring Rancho Cucamonga Police Department Deputies for Performing Bystander CPR. B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Page2of7 JUNE 7, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C. CONSENT CALENDAR - FIRE PROTECTION DISTRICT 01. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) C2. Consideration to approve Check Register dated May 9, 2017 through May 29, 2017 for the total of $1,531,423.00. C3. Consideration to approve and award a Professional Services Agreement to Erickson -Hall Construction for Construction Management Services for the new (relocation) San Bernardino Road Fire Station (172). D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY D1. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) D2. Consideration of approval of First Amendment to Operation and Maintenance Agreement for Rancho Verde Village. E. CONSENT CALENDAR - SUCCESSOR AGENCY El. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) F. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY F1. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) G. CONSENT CALENDAR - CITY COUNCIL G1. Consideration to approve Minutes of: May 17, 2017 (Regular Meeting) G2. Consideration to approve Check Register and Payroll dated May 9, 2017 through May 29, 2017 for the total of $9,017,327.20. G3. Consideration to approve the proposed 2017/2018 Fall/Winter Field Allocation recommendations for all City Based Sports Advisory Committee Youth Sports Groups use during July 31, 2017 through January 27, 2018. 1 17 19 27 43 G4. Consideration of a light variance requested for Minors, Majors, Juniors and Senior Divisions All-Star Tournament hosted by District 71 Little League during June 19 — July 15, 2017 at Epicenter Sports 52 Complex, Heritage Park and Red Hill Community Parks. Page3of7 JUNE 7, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA G5. Consideration to award a contract to Moore Flooring, Inc. for the "Central Park -Flooring Replacement Project". 57 G6. Consideration to approve the renewal of the contract for Traffic Signal and Safety Lighting Maintenance Services for FY 2017/2018. 62 G7. Consideration to approve the renewal of the annual contract for Citywide Tree Maintenance Services. G8. Authorization to install video surveillance equipment at the Banyan Street and Carnelian Street intersection through our existing sole source vendor, Leverage Information Systems, in the amount of $25,255.03 and authorization to appropriate $25,255.03 from the Law Enforcement Reserve Fund. G9. Authorization to install video surveillance equipment at the 6th Street and Utica Avenue intersection through our existing sole source vendor, Leverage Information Systems, in the amount of $17,265.69 and authorization to appropriate $17,265.69 from the Law Enforcement Reserve Fund. G10. Consideration to approve a Household Hazardous Waste Collection Agreement with the County of San Bernardino Fire Protection District. 64 65 85 105 G11. Consideration to approve a Donation Agreement with the Inland Empire Resource Conservation District (IERCD) for the transfer of approximately 62 acres of City -owned land lying northeast of the City for Wildlife and Plant Life Conservation Purposes (APNs 0226-061-16, 0226-061-62, 0226-401-01, 114 and 0226-421-07. H. CONSENT ORDINANCES The following Ordinances have been introduced for First Reading. Second Readings are expected to be routine and non -controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. H1. Consideration to Conduct Second Reading and Adoption of Ordinance No. 908, amending Chapter 12.04.010 of the Rancho Cucamonga Municipal Code as it relates to possession and consumption of alcoholic beverages at specifically designated park and other recreation facilities. 134 ORDINANCE NO. 908 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 136 AMENDING CHAPTER 12.04.010 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AS IT RELATES TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SPECIFICALLY DESIGNATED PARK AND OTHER RECREATION FACILITIES I. ADMINISTRATIVE HEARING ITEM Speaker cards may be submitted for all those who wish to speak on the following topic. The following item has no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals wishing to speak. All communications are to be addressed directly to the City Council, not to members of the audience. 11. Verbal Update by Southern California Gas Company on the Archibald (near La Gloria and Jadeite Streets) Gas Leak Cleanup. 12. Summary of Review of Results of Annual Independent Audit of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda for Fiscal Year 2015/16. Page 4 of 7 137 JUNE 7, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA J. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. J1. Public Hearing to consider: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — LVD TERRA VISTA, LLC - A request to modify the development standards within the Medium High (MH) District of the Terra Vista Community Plan related to the site plan and architectural review of a 214 -unit, multi -family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 155 1077-422-97. Related files: Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2016-00716, Minor Exception DRC2017-00159 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 909 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — A REQUEST TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT, MULTI -FAMILY DEVELOPMENT ON 12.1 ACRES OF 452 LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDING IN SUPPORT THEREOF — APN: 1089-031-36. J2. Public Hearing to consider: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-00964 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request to modify General Plan Figure LU -8 related to the removal of the Historic Resource Designation of an on-site tree related to the site plan and architectural review of a 140 -unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: Design Review DRC2016-00814, Density Bonus Agreement DRC2017-00156, Certificate of Appropriateness DRC2016-00966, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DENSITY BONUS AGREEMENT DRC2017-00156 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA — A request for a Density Bonus Agreement between the City of Rancho Cucamonga and National Community Renaissance of California, for the purpose of providing a senior housing project in accordance with the Victoria Community Plan and the Development Code, including deviating from certain development standards, for the development of a 140 -unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: General Plan Amendment DRC2016-00964, Certificate of Appropriateness DRC2016-00966, Design Review DRC2016-00814, Variance DRC2017-00032 and Tree Removal Permit DRC2016- 00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Page5of7 457 JUNE 7, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA RESOLUTION NO. 17-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2016-00964, A REQUEST TO MODIFY GENERAL PLAN FIGURE LU -8 RELATED TO THE REMOVAL OF THE HISTORIC RESOURCE DESIGNATION OF AN ON-SITE TREE RELATED TO THE ARCHITECTURAL 738 REVIEW OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1089-031-36. RESOLUTION NO.17-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DENSITY BONUS AGREEMENT DRC2017-00156, A REQUEST FOR A DENSITY BONUS AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE VICTORIA COMMUNITY PLAN AND THE DEVELOPMENT CODE, INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT 744 STANDARDS, FOR THE DEVELOPMENT OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. J3. Public Hearing to consider Resolution No. 17-040 setting Residential, and Commercial/Industrial Solid Waste Collection Rates within the City of Rancho Cucamonga. 759 RESOLUTION 17-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL/INDUSTRIAL SOLID WASTE AND 761 RECYCLING COLLECTION RATES WITHIN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. K. CITY MANAGER'S STAFF REPORTS CITY COUNCIL The following items have no legal publication or posting requirements. K1. Consideration of approval regarding various actions to streamline the City's Procurement Processes. 766 ORDINANCE NO. 910 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT RESOLUTION NO. 17-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ALL PREVIOUS APPLICABLE PROCUREMENT SYSTEM RESOLUTIONS AND ESTABLISHING UPDATED PURCHASING AUTHORITY LIMITS FOR CITY PERSONNEL Page6of7 769 775 JUNE 7, 2017 FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA RESOLUTION NO. FD17-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 777 REPEALING ALL PREVIOUS APPLICABLE PROCUREMENT SYSTEM RESOLUTIONS AND ESTABLISHING UPDATED PURCHASING AUTHORITY LIMITS FOR CITY PERSONNEL RESOLUTION NO. 17-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ELECTING TO BE SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES 779 RESOLUTION NO. FD17-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, 780 ELECTING TO BE SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES L. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. L1. Consideration to cancel the Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council on July 5, 2017. 787 L2. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) L3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on June 1, 2017, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California, and on the City's website. Linda A. Troyan, MMC City Clerk Services Director City of Rancho Cucamonga Page 7 of 7 MAY 17, 2017 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM The City of Rancho Cucamonga City Council held a closed session on Wednesday, May 17, 2017 in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; and Jeff Bloom, Deputy City Manager/Economic and Community Development. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) 1 B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. No discussion or actions were taken. D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP, RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION, TEAMSTERS LOCAL 1932, FIRE MANAGEMENT EMPLOYEE GROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, AND FIRE SUPPORT SERVICES ASSOCIATION. — CITY/FIRE D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632. — CITY D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT BASE LINE ROAD AND DAY CREEK (APN#: 1089-031- 36-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, CITY OF RANCHO CUCAMONGA AND STEVE PONTELL, PRESIDENT AND CEO, NATIONAL COMMUNITY RENAISSANCE; REGARDING PRICE AND TERMS. — HOUSING SUCCESSOR AGENCY **DRAFT** May 17, 20171 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 1 of 7 E. RECESS The closed session recessed at 6:15 p.m. REGULAR MEETING - 7:00 P.M. CALL TO ORDER - COUNCIL CHAMBERS The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and the City of Rancho Cucamonga City Council were held on May 17, 2017 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams and Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Linda A. Troyan, City Clerk Services Director and Shirr'l Griffin, Office Specialist II. Jonathan Truong, Director of Public Relations, Los Ostos High School Future Business Leaders of America (FBLA), led the Pledge of Allegiance. A. ANNOUNCEMENTS/PRESENTATIONS Al. Certificate of Recognition to Maelin Aquino, Healthy RC Youth Leader, acknowledging the Community All-Star Award she received from the Dairy Council of California. Mayor Michael and Members of the City Council presented a Certificate of Recognition to Maelin Aquino, Healthy RC Youth Leader for receiving the All-Star award from the Dairy Council of California. Joanna Marrufo, Healthy RC Coordinator and Efrain Valenzuela, Mobile Dairy Classroom Manager with the Dairy Council of California were also in attendance to congratulate Ms. Aquino for receiving the award recognition. B. PUBLIC COMMUNICATIONS Patrick Frost, Kelly Pan, Susanna Klein, Nikita Rao, James Dingle, Joshua Zhang, Jonathan Truong, Bruce Zhou, Ryan Nam, Jee Suh, Shivani Nandakumar from Los Ostos High School Future Business Leaders of America (FBLA) Chapter, thanked the Mayor and City Council for supporting their program and spoke about the organization's achievements and community service events. David Asbra was present on behalf of Assemblyman Steinorth's Office and invited the public to attend a community event at Koffee Klatch in Rancho Cucamonga on May 28, 2017 from 2:00 p.m. to 3:00 p.m. CONSENT CALENDARS C. CONSENT CALENDAR - FIRE PROTECTION DISTRICT C1. Consideration to approve Minutes of: May 3, 2017 (Regular Meeting) C2. Consideration to approve Check Register dated April 25, 2017 through May 8, 2017 and Electronic Debit Register for the month of April for the total of $1,514,378.38. C3. Consideration to receive and file current Investment Schedule as of April 30, 2017. **DRAFT** May 17, 2017 I Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 2 of 7 C4. Consideration to adopt Resolution No. FD 17-002, approving the Annual Local Responsibility Area Wildland Protection Agreement with the California Department of Forestry and Fire Protection in the amount of $36,992.25. RESOLUTION NO. FD17-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING THE LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR SERVICES FROM JULY 1, 2017 TO JUNE 30, 2018 MOTION: Moved by Board Member Alexander, seconded by Vice -President Kennedy, to approve Consent Calendar Items 01. through C4. Motion carried unanimously, 5-0. D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY D1. Consideration to approve Minutes of: May 3, 2017 (Regular Meeting) MOTION: Moved by Agency Member Williams, seconded by Vice -Chair Kennedy, to approve Consent Calendar Item D1. Motion carried unanimously, 5-0. E. CONSENT CALENDAR - SUCCESSOR AGENCY E1. Consideration to approve Minutes of: May 3, 2017 (Regular Meeting) MOTION: Moved by Agency Member Spagnolo, seconded by Agency Member Alexander, to approve Consent Calendar Item E1. Motion carried unanimously, 5-0. F. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY F1. Consideration to approve Minutes of: May 3, 2017 (Regular Meeting) MOTION: Moved by Vice -Chair Kennedy, seconded by Agency Member Spagnolo, to approve Consent Calendar Item F1. Motion carried unanimously, 5-0. G. CONSENT CALENDAR - CITY COUNCIL G1. Consideration to approve Minutes of: May 3, 2017 (Regular Meeting) G2. Consideration to approve Check Register and Payroll dated April 25, 2017 through May 8, 2017 and Electronic Debit Register for the month of April for the total of $9,389,830.66. G3. Consideration to receive and file current Investment Schedule as of April 30, 2017. G4. Consideration to approve the purchase of one (1) new Traffic Signal Hybrid Aerial Truck from Tom's Truck Center/Carmenita Truck Center of Santa Ana, California in the amount of $133,802.20. G5. Consideration to award a contract with All American Asphalt in an amount of $444,139 plus 10% contingency for the Carnelian Street and Hillside Road Pavement Rehabilitation Projects. **DRAFT** May 17, 2017 I Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 3 of 7 G6. Consideration to accept the Red Hill Park Pedestrian Trail Renovation Project as complete, file the Notice of Completion and authorize the release of retention and bonds. G7. Consideration to approve a Fiber Conduit License Agreement between the City of Rancho Cucamonga and Pacific Bell Telephone Company, doing business as AT&T California, for the installation of fiber optic cable using city fiber conduit. G8. Consideration to award a contract with EBS General Engineering, Inc., in the amount of $49,543 and authorize 10% contingency, for the FY 2016/2017 Sidewalk Improvements for Bus Stops at 9 Locations Project. G9. Consideration of approval of Parcel Map 17663, located at 7912 Archibald Avenue, North of San Bernardino Road, submitted by Tim Harrison. G10. Consideration to approve the purchase of phone and data network equipment for the RC Sports Center from ConvergeOne in the amount of $59,310.32. G11. Consideration to approve Resolution No.17-038 confirming unpaid weed and fire hazard abatement fees and authorizing a special assessment on affected parcels on the next tax roll. RESOLUTION NO. 17-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING THE ACTUAL COSTS OF WEED AND FIRE HAZARD ABATEMENT FOR EACH SEPARATE PARCEL OF LAND AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 39574, PROVIDING THAT EACH SUCH COST OF ABATEMENT SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST EACH LISTED PARCEL OF LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 39577, AND PROVIDING FOR THE FILING OF SAID REPORT WITH THE COUNTY AUDITOR MOTION: Moved by Council Member Alexander, seconded by Mayor Pro Tem Kennedy, to approve Consent Calendar Items G1 through G11. Motion carried unanimously, 5-0. H. CONSENT ORDINANCES H1. Consideration to conduct Second Reading and Adoption of Ordinance No. 907, amending Title 17 (Development Code) of the Municipal Code to amend the land use description for the "Shooting Range" land use category, and to include a provision permitting up to 25% of floor space for ancillary retail sales of firearms within shooting ranges. ORDINANCE NO. 907 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2016-00906, AMENDING THE USE DESCRIPTION FOR SHOOTING RANGE IN CHAPTER 17.32.020.E.51 WITHIN TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND INCLUDING A PROVISION TO PERMIT ANCILLARY FIREARMS RETAIL SALES AND MAKING FINDINGS IN SUPPORT THEREOF **DRAFT** May 17, 2017 I Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 7 MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to waive full reading and adopt Ordinance No. 907. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 907. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to waive full reading and adopt Ordinance No. 907 by title only. Motion carried unanimously, 5-0. I. ADMINISTRATIVE HEARING ITEM 11. Consideration of Ordinance No. 908, amending Chapter 12.04.010 of the Rancho Cucamonga Municipal Code as it relates to possession and consumption of alcoholic beverages at specifically designated park and other recreation facilities. ORDINANCE NO. 908 (First Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 12.04.010 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AS IT RELATES TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SPECIFICALLY DESIGNATED PARK AND OTHER RECREATION FACILITIES City Manager Gillison introduced Lonnie Shipman, Community Services Department Superintendent, who gave the Staff Report. Discussion ensued on oversight of alcohol consumption at facilities and events. Mayor Michael opened the Public Hearing item. There were no public communications made. Mayor Michael closed the Public Hearing item. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Alexander, to introduce Ordinance No. 908, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 908. VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Alexander, to introduce Ordinance No. 908, by title only and waive further reading. Motion carried unanimously, 5-0. J. ADVERTISED PUBLIC HEARINGS CITY COUNCIL J1. Public Hearing to approve Resolution No.17-029 for placement of Special Assessments and Liens for Delinquent Solid Waste Accounts. RESOLUTION NO. 17-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF DELINQUENT CHARGES FROM BURRTEC WASTE INDUSTRIES, INC. FOR SOLID WASTE COLLECTION, WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY TAXES **DRAFT** May 17, 2017 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 5 of 7 City Manager Gillison introduced Linda Ceballos, Environmental Program Manager, who gave the Staff Report. Environmental Program Manager Ceballos stated that as of May 15, 2017 there were 602 delinquent accounts, received fifteen phone calls and the deadline for payment to Burrtec is July 17, 2017. She reported that one protest was received from Jessica Bao regarding delinquent charges for her rental property at 7480 Morning Crest Place, Rancho Cucamonga. Staff will investigate concerns. In response to Mayor Michael, Environmental Program Manager Ceballos reported that notification was sent to the property occupant and homeowner. Discussion ensued on notifications made to the occupants and homeowners. Mayor Michael opened the Public Hearing item. There were no public communications made. Mayor Michael closed the Public Hearing item. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve Resolution No. 17-029. Motion carried unanimously, 5-0. J2. Public Hearing to approve Resolution No.17-036 for placement of Special Assessments and Liens for costs of Nuisance Abatement on Private Property. RESOLUTION NO. 17-036 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONFIRMING THE REPORT OF UNPAID FEES FOR NUISANCE ABATEMENT FROM PRIVATE PROPERTY WHICH SHALL CONSTITUTE SPECIAL ASSESSMENTS AND LIENS AGAINST THE RESPECTIVE PARCELS OF LAND AND SHALL BE COLLECTED FOR THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AT THE SAME TIME AND IN THE SAME MANNER AS ORDINARY COUNTY AD VALOREM PROPERTY TAXES City Manager Gillison introduced Jana Cook, Community Improvement Manager, who gave the Staff Report. Community Improvement Manager Cook stated that as of May 15, 2017 there were a total of two unpaid accounts, four phone calls received, and one protest letter received that evening from Steven Welch for property at 6230 Filkins Avenue, Rancho Cucamonga. In addition, she advised that the protest letter from Mr. Welch will be investigated since he is not the person listed as the property owner for that address. Mayor Michael clarified that account holders have until July 17th to resolve or correct outstanding issues. Community Improvement Manager Cook responded to Council Member Alexander's question that individuals may seek assistance through volunteers and organizations by contacting the Family Resource Center. Mayor Michael opened the Public Hearing item. There were no public communications made. Mayor Michael closed the Public Hearing item. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Alexander, to approve Resolution No. 17-036. Motion carried unanimously, 5-0. **DRAFT** May 17, 2017 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 6 of 7 J3. Public Hearing to consider Resolution No.17-037, a Resolution establishing various fees for the Police and Community Services Departments. RESOLUTION NO. 17-037 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE APPLICABLE TO POLICE SERVICES AND COMMUNITY SERVICES. City Manager Gillison introduced James Mclnerny, Police Sergeant and Lonnie Shipman, Community Services Department Superintendent, who gave the Staff Report. Mayor Michael opened the Public Hearing item. There were no public communications made. Mayor Michael closed the Public Hearing item. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Kennedy, to approve Resolution No. 17-037. Motion carried unanimously, 5-0. K. CITY MANAGER'S STAFF REPORTS CITY COUNCIL None. L. COUNCIL BUSINESS L1. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Williams reported her attendance at a LAFCO hearing that morning on property annexation for water and sewage in the City of Redlands' sphere of influence. L2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Spagnolo announced Public Safety Week and encouraged the public to show support to public safety personnel by wearing blue and expressing their support to them by saying, "Thank You". M. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. N. ADJOURNMENT Mayor Michael adjourned the meeting at 7:47 p.m. Approved: *************** Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** May 17, 2017 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 7 of 7 Rancho Cucamonga Fire Protection District Lifesaving Citation Presented to Deputy Guyon Foxwell Midafternoon on January 13, 2017, Deputy Foxwell rendered aid to an unconscious and unresponsive passenger in a vehicle. The patient, who had been complaining of chest pain, was being driven to the hospital by his son when he became unresponsive. Deputy Foxwell pulled the man from the vehicle and immediately began chest compressions. Firefighter/Paramedics arrived on scene shortly thereafter and began treating the patient with advanced medical care. The patient regained his pulse while he was being transported to the hospital. Deputy Foxwell is to be commended for his quick actions. He was an important part of the "Chain of Survival" and helped save the man's life. June 7, 2017 Date 1/1 C"........••••• Mike Costello Fire Chief Rancho Cucamonga Fire Protection District Lifesaving Citation Presented to Deputy Ivan Arce In the early morning hours of April 17, 2017, Deputies Arce, Barrero and .lasso responded to an attempted suicide. The Deputies arrived on scene and immediately began CPR on the patient. Firefighter/Paramedics arrived on scene shortly thereafter to deliver advanced medical care to the patient. While CPR continued and medications were administered during transport to the hospital, the patient regained a pulse and blood pressure prior to arriving at the hospital. Deputy Arce is to be commended for his quick actions. He was an important part of the "Chain of Survival" and helped save this person's life. September 7, 2016 Date a_ Mike Costello Fire Chief Rancho Cucamonga Fire Protection District Lifesaving Citation Presented to Deputy Alejandro Barrero In the early morning hours of April 17, 2017, Deputies Barrero, Arce and .lasso responded to an attempted suicide. The Deputies arrived on scene and immediately began CPR on the patient. Firefighter/Paramedics arrived on scene shortly thereafter to deliver advanced medical care to the patient. While CPR continued and medications were administered during transport to the hospital, the patient regained a pulse and blood pressure prior to arriving at the hospital. Deputy Barrero is to be commended for his quick actions. He was an important part of the "Chain of Survival" and helped save this person's life. June 7, 2017 Date C---____--, Mike Costello Fire Chief Rancho Cucamonga Fire Protection District Lifesaving Citation Presented to Deputy Gabriel Jasso In the early morning hours of April 17, 2017, Deputies Jasso, Arce and Barrero responded to an attempted suicide. The Deputies arrived on scene and immediately began CPR on the patient. Firefighter/Paramedics arrived on scene shortly thereafter to deliver advanced medical care to the patient. While CPR continued and medications were administered during transport to the hospital, the patient regained a pulse and blood pressure prior to arriving at the hospital. Deputy Jasso is to be commended for his quick actions. He was an important part of the "Chain of Survival" and helped save this person's life. June 7, 2017 Date c Mike Costello Fire Chief Rancho Cucamonga Fire Protection District Lifesaving Citation Presented to Deputy Daniel Renear Midafternoon on May 1, 2017, Deputy Renear responded to a home where the resident had found a family member unconscious and phoned 911. Deputy Renear arrived on scene and immediately began chest compressions on the patient. Firefighter/Paramedics arrived on scene shortly thereafter to deliver advanced medical care to the patient. While CPR continued, the patient regained a pulse and was transported to the hospital for further care. Deputy Renear is to be commended for his quick actions. He was an important part of the "Chain of Survival" and helped save this person's life. June 7, 2017 Date 1/1:_____, Oc,---___ Mike Costello Fire Chief Rancho Cucamonga Fire Protection District Lifesaving Citation Presented to Deputy Melissa Harrison In the early morning hours of May 8, 2017, Deputy Harrison responded to a home where the resident had found a family member unconscious and phoned 911. Deputy Harrison arrived on scene and immediately began chest compressions on the patient. Firefighter/Paramedics arrived on scene shortly thereafter to deliver advanced medical care to the patient. While CPR continued and medications were administered during transport to the hospital, the patient regained a pulse prior to arriving at the hospital. Deputy Harrison is to be commended for her quick actions. She was an important part of the "Chain of Survival" and helped save this person's life. June 7, 2017 Date -----1/1/N-.---- a --- Mike Costello Fire Chief CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 P1 Check No. Check Date Vendor Name C Fire Amount AP 00007032 05/10/2017 ALL CITY MANAGEMENT SERVICES INC. 31,952.01 0.00 31,952.01 AP 00007033 05/10/2017 CALIF GOVERNMENT VEBA/R.ANCHO CUCAMONGA 11,440.00 0.00 11,440.00 AP 00007034 05/10/2017 RCCEA 1,797.50 0.00 1,797.50 AP 00007035 05/10/2017 RCPFA 10,504.37 0.00 10,504.37 AP 00007036 05/10/2017 SAN BERNARDINO COUNTY 21.00 0.00 21.00 AP 00007037 05/10/2017 SAN BERNARDINO CTY SHERIFFS DEPT 642.00 0.00 642.00 AP 00007038 05/17/2017 CHAFFEY JOINT UNION HS DISTRICT 1,295.40 0.00 1,295.40 AP 00007039 05/17/2017 RE ASTORIA 2 LLC 82,655.13 0.00 82,655.13 AP 00007040 05/17/2017 RIVERSIDE, CITY OF 6,484.00 0.00 6,484.00 AP 00007041 05/17/2017 VARNEY, ANTHONY 0.00 70.00 70.00 AP 00007042 05/17/2017 WESTERN RENEWABLE ENERGY GENERATION INFO ! 125.15 0.00 125.15 AP 00007043 05/24/2017 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 11,515.00 0.00 11,515.00 AP 00007044 05/24/2017 EXELON GENERATION CO. LLC. 153,494.00 0.00 153,494.00 AP 00007045 05/24/2017 MICHAEL, L. DENNIS 37.50 0.00 37.50 AP 00007046 05/24/2017 NORMAN A TRAUB ASSOCIATES 4,007.30 0.00 4,007.30 AP 00007047 05/24/2017 RCCEA 1,814.00 0.00 1,814.00 AP 00007048 05/24/2017 RCPFA 10,504.37 0.00 10,504.37 AP 00007049 05/24/2017 SAN BERNARDINO CTY SHERIFFS DEPT 3,015,905.66 0.00 3,015,905.66 AP 00007050 05/25/2017 AHUMADA, ALEXANDER R 0.00 651.52 651.52 AP 00007051 05/25/2017 ALMAND, LLOYD 0.00 651.52 651.52 AP 00007052 05/25/2017 BANTAU, VICTORIA 0.00 878.23 878.23 AP 00007053 05/25/2017 BAZAL, SUSAN 0.00 1,020.45 1,020.45 AP 00007054 05/25/2017 BELL, MICHAEL L. 0.00 1,303.76 1,303.76 AP 00007055 05/25/2017 BERRY, DAVID 0.00 1,019.78 1,019.78 AP 00007056 05/25/2017 BROCK, ROBIN 0.00 977.64 977.64 AP 00007057 05/25/2017 CAMPBELL, GERALD 0.00 746.37 746.37 AP 00007058 05/25/2017 CAMPBELL, STEVEN 0.00 1,407.17 1,407.17 AP 00007059 05/25/2017 CARNES, KENNETH 0.00 472.96 472.96 AP 00007060 05/25/2017 CLABBY, RICHARD 0.00 1,019.78 1,019.78 AP 00007061 05/25/2017 CORCORAN, ROBERT 0.00 587.88 587.88 AP 00007062 05/25/2017 COX, KARL 0.00 651.52 651.52 AP 00007063 05/25/2017 CRANE, RALPH 0.00 1,020.45 1,020.45 AP 00007064 05/25/2017 CROSSLAND, WILBUR 0.00 472.96 472.96 AP 00007065 05/25/2017 DAGUE, JAMES 0.00 1,303.76 1,303.76 AP 00007066 05/25/2017 DE ANTONIO, SUSAN 0.00 587.88 587.88 AP 00007067 05/25/2017 DEANS, JACKIE 0.00 630.69 630.69 AP 00007068 05/25/2017 DOMINICK, SAMUEL A. 0.00 977.64 977.64 AP 00007069 05/25/2017 EAGLESON, MICHAEL 0.00 1,303.76 1,303.76 AP 00007070 05/25/2017 EGGERS, BOB 0.00 1,733.29 1,733.29 AP 00007071 05/25/2017 FRITCHEY, JOHN D. 0.00 472.96 472.96 AP 00007072 05/25/2017 HEYDE, DONALD 0.00 1,303.76 1,303.76 AP 00007073 05/25/2017 INTERLICCHIA, ROSALYN 0.00 114.66 114.66 AP 00007074 05/25/2017 KILMER, STEPHEN 0.00 1,364.11 1,364.11 AP 00007075 05/25/2017 LANE, WILLIAM 0.00 1,303.76 1,303.76 AP 00007076 05/25/2017 LEE, ALLAN J. 0.00 1,300.86 1,300.86 AP 00007077 05/25/2017 LENZE, PAUL E 0.00 1,223.96 1,223.96 AP 00007078 05/25/2017 LONGO, JOE 0.00 172.48 172.48 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 05/30/2017 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00007079 00007080 00007081 00007082 00007083 00007084 00007085 00007086 00007087 00007088 00007089 00007090 00007091 00007092 00007093 00007094 00007095 00007096 00007097 00007098 00007099 00007100 00007101 00007102 00379707 00379708 00379709 00379710 00379711 00379712 00379713 00379714 00379715 00379716 00379717 00379718 00379719 00379720 00379721 00379722 00379723 00379724 00379725 00379726 00379727 00379728 00379729 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name LUTTRULL, DARRELL MACKALL, BEVERLY MAYFIELD, RON MCKEE, JOHN MCNEIL, KENNETH MICHAEL, L. DENNIS MORGAN, BYRON MYSKOW, DENNIS NAUMAN, MICHAEL NELSON, MARY JANE O'BRIEN, TOM PLOUNG, MICHAEL J POST, MICHAEL R PROULX, PATRICK ROEDER, JEFF SALISBURY, THOMAS SMITH, RONALD SPAGNOLO, SAM SPAIN, WILLIAM SULLIVAN, JAMES TAYLOR, STEVE TULEY, TERRY VANDERKALLEN, FRANCIS WALTON, KEVIN A AND R TIRE SERVICE A.Y. NURSERY INC. ABLE BUILDING MAINTENANCE ACEY DECY EQUIPMENT INC. ADAPT CONSULTING INC AFLAC GROUP INSURANCE AKRON BRASS COMPANY ALBERT A. WEBB ALBERT GROVER & ASSOCIATES AMTECH ELEVATOR SERVICES APPLIED METERING TECHNOLOGIES INC ARTISTIC RESOURCES CORPORATION ASSI SECURITY BELTRAN, OSBALDO ALVARADO BERLITZ BIG TOP RENTALS BMX FREESTYLE TEAM LLC BOISE MOBILE EQUIPMENT INC. BOOKE, CHRISTOPHER BOTACH INC. BRAUN BLAISING SMITH WYNNE P.C. BROADWAY OC INC. CVWD P2 Fire Amount 0.00 472.96 472.96 0.00 445.89 445.89 0.00 1,389.38 1,389.38 0.00 651.52 651.52 0.00 651.52 651.52 0.00 977.64 977.64 0.00 2,317.74 2,317.74 0.00 1,019.78 1,019.78 0.00 472.96 472.96 0.00 172.48 172.48 0.00 1,733.29 1,733.29 0.00 579.26 579.26 0.00 1,628.59 1,628.59 0.00 1,733.29 1,733.29 0.00 1,303.76 1,303.76 0.00 651.52 651.52 0.00 472.96 472.96 0.00 472.96 472.96 0.00 746.37 746.37 0.00 472.96 472.96 0.00 1,629.55 1,629.55 0.00 1,303.76 1,303.76 0.00 1,064.00 1,064.00 0.00 1,364.11 1,364.11 1,761.10 0.00 1,761.10 1,422.30 0.00 1,422.30 3,091.96 0.00 3,091.96 854.54 0.00 854.54 0.00 1,023.29 1,023.29 64.47 0.00 64.47 0.00 5,346.43 5,346.43 2,434.00 0.00 2,434.00 2,960.00 0.00 2,960.00 771.20 0.00 771.20 21,583.58 0.00 21,583.58 121,280.27 0.00 121,280.27 7,136.25 0.00 7,136.25 246.45 0.00 246.45 110.00 0.00 110.00 4,529.96 0.00 4,529.96 1,275.00 0.00 1,275.00 0.00 235.41 235.41 1,045.00 0.00 1,045.00 2,504.00 0.00 2,504.00 2,068.45 0.00 2,068.45 1,000.00 0.00 1,000.00 214.00 264.87 478.87 *** User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 2 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 P3 Check No. Check Date Vendor Name C Fire Amount AP 00379730 05/10/2017 C V W D 3,121.36 403.64 3,525.00 *** AP 00379731 05/10/2017 CAGLES APPLIANCE 0.00 36.09 36.09 AP 00379732 05/10/2017 CAL PERS LONG TERM CARE 286.21 0.00 286.21 AP 00379733 05/10/2017 CALAMP RADIO SATELLITE INTEGRATORS INC 61,678.00 9,659.60 71,337.60 *** AP 00379734 05/10/2017 CALIFORNIA UTILITIES EMERGENCY ASSOC. 500.00 0.00 500.00 AP 00379735 05/10/2017 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00379736 05/10/2017 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00379737 05/10/2017 CALIFORNIA, STATE OF 60.00 0.00 60.00 AP 00379738 05/10/2017 CAPITAL ONE COMMERCIAL 0.00 182.56 182.56 AP 00379739 05/10/2017 CATAPULT SYSTEMS 19.20 0.00 19.20 AP 00379740 05/10/2017 CHAMPION AWARDS AND SPECIALTIES 71.12 0.00 71.12 AP 00379741 05/10/2017 CHINO VALLEY FIRE DISTRICT 0.00 675.00 675.00 AP 00379742 05/10/2017 CINTAS CORPORATION #150 0.00 279.83 279.83 AP 00379743 05/10/2017 CLASSE PARTY RENTALS 4,245.86 0.00 4,245.86 AP 00379744 05/10/2017 CLEAR COAST CONSTRUCTION 4,881.89 4,881.89 9,763.78 *** AP 00379745 05/10/2017 CLEARWATER GRAPHICS INC 5,028.86 0.00 5,028.86 AP 00379746 05/10/2017 COMP U ZONE 85.00 0.00 85.00 AP 00379747 05/10/2017 CONVERGEONE INC. 4,036.59 0.00 4,036.59 AP 00379748 05/10/2017 COUSIN, DAVID 325.00 0.00 325.00 AP 00379749 05/10/2017 CUSTOM MOUSE PADS 107.22 0.00 107.22 AP 00379750 05/10/2017 D & D GOLF CARS INC. 743.48 0.00 743.48 AP 00379751 05/10/2017 D AND K CONCRETE COMPANY 2,130.22 0.00 2,130.22 AP 00379752 05/10/2017 D.P. DOOR CO. 689.60 0.00 689.60 AP 00379753 05/10/2017 DAVIS, REMINGTON 78.18 0.00 78.18 AP 00379754 05/10/2017 DELTA DENTAL 1,415.44 0.00 1,415.44 AP 00379755 05/10/2017 DELTA DENTAL 41,143.07 0.00 41,143.07 AP 00379756 05/10/2017 DERO 4,713.62 0.00 4,713.62 AP 00379757 05/10/2017 DMV RENEWAL 0.00 10.00 10.00 AP 00379758 05/10/2017 DP SOLUTIONS INC 3,391.00 0.00 3,391.00 AP 00379759 05/10/2017 E GROUP, THE 450.00 0.00 450.00 AP 00379760 05/10/2017 EIGHTH AVENUE ENTERPRISE LLC 595.64 0.00 595.64 AP 00379761 05/10/2017 ELECNOR BELCO ELECTRIC INC 76,118.75 0.00 76,118.75 AP 00379762 05/10/2017 ENTERSECT CORP 79.00 0.00 79.00 AP 00379763 05/10/2017 ENVISIONWARE INC. 1,885.63 0.00 1,885.63 AP 00379764 05/10/2017 EREDIA, PATRICIA MORGAN 840.00 0.00 840.00 AP 00379765 05/10/2017 ERGON ASPHALT AND EMULSIONS 253.30 0.00 253.30 AP 00379766 05/10/2017 ERICKSON HALL CONSTRUCTION 0.00 112,411.41 112,411.41 AP 00379767 05/10/2017 FACTORY MOTOR PARTS 0.00 893.78 893.78 AP 00379768 05/10/2017 FEDERAL EXPRESS CORP 166.03 0.00 166.03 AP 00379769 05/10/2017 FIRST CLASS HEATING & AIR 205.34 0.00 205.34 AP 00379770 05/10/2017 FLEET SERVICES INC. 0.00 201.33 201.33 AP 00379771 05/10/2017 FLEETPRIDE 0.00 66.78 66.78 AP 00379772 05/10/2017 FOOTHILL FAMILY SHELTER 2,500.00 0.00 2,500.00 AP 00379773 05/10/2017 FORTIN LAW GROUP 4,414.66 0.00 4,414.66 AP 00379774 05/10/2017 FRONTIER COMM 2,205.47 0.00 2,205.47 AP 00379775 05/10/2017 GILMAN, JIM 400.00 0.00 400.00 AP 00379776 05/10/2017 GOLDEN GATE STEEL INC 66,863.39 0.00 66,863.39 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 05/30/2017 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 P4 Check No. Check Date Vendor Name C Fire Amount AP 00379777 05/10/2017 GOOD YEAR TIRE AND RUBBER CO. 1,306.87 0.00 1,306.87 AP 00379778 05/10/2017 GRAPHICS FACTORY INC. 42.02 0.00 42.02 AP 00379779 05/10/2017 GRIFFIN STRUCTURES INC 22,618.80 0.00 22,618.80 AP 00379780 05/10/2017 GUNKEL, TERRENCE 162.00 0.00 162.00 AP 00379781 05/10/2017 HEARTSAVERS LLC 120.00 0.00 120.00 AP 00379782 05/10/2017 HMC ARCHITECTS 0.00 13,498.93 13,498.93 AP 00379783 05/10/2017 HOUSE OF RUTH 691.78 0.00 691.78 AP 00379784 05/10/2017 HOYT LUMBER CO., SM 0.00 39.86 39.86 AP 00379785 05/10/2017 I A A P CALIFORNIA DIVISION 150.00 0.00 150.00 AP 00379786 05/10/2017 INDUSTRIAL HARDWARE AND SERVICE CO 56.03 0.00 56.03 AP 00379787 05/10/2017 INTERACTIVE DATA PRICING AND REFERENCE DATA 126.87 0.00 126.87 AP 00379788 05/10/2017 JOHN BURR CYCLES INC 1,548.25 0.00 1,548.25 AP 00379789 05/10/2017 JOHNNY ALLEN TENNIS ACADEMY 4,391.40 0.00 4,391.40 AP 00379790 05/10/2017 JON'S FLAGS AND POLES 0.00 357.08 357.08 AP 00379791 05/10/2017 JONES AND MAYER, LAW OFFICES OF 6,128.00 0.00 6,128.00 AP 00379792 05/10/2017 KETTLE CREEK CORP 12,845.60 0.00 12,845.60 AP 00379793 05/10/2017 KRIEGER, ED 300.00 0.00 300.00 AP 00379794 05/10/2017 KVAC ENVIRONMENTAL SERVICES INC 4,326.15 0.00 4,326.15 AP 00379795 05/10/2017 LAVIGNA, ROBERT J 1,036.00 0.00 1,036.00 AP 00379796 05/10/2017 LIEBERT CASSIDY WHITMORE 2,470.11 4,190.11 6,660.22 *** AP 00379797 05/10/2017 LIFE ASSIST INC 0.00 1,636.63 1,636.63 AP 00379798 05/10/2017 LOS ANGELES ENGINEERING INC 165,712.97 0.00 165,712.97 AP 00379801 05/10/2017 LOWES COMPANIES INC. 8,368.05 817.12 9,185.17 *** AP 00379802 05/10/2017 LYN, FRED 15.06 0.00 15.06 AP 00379803 05/10/2017 MAGIC SOLUTIONS INC 545.00 0.00 545.00 AP 00379804 05/10/2017 MARK CHRISTOPHER INC 0.00 1,547.53 1,547.53 AP 00379805 05/10/2017 MARQUEZ, EMMANUEL E 162.00 0.00 162.00 AP 00379806 05/10/2017 MATANGA, JULIE EDWARD 255.00 0.00 255.00 AP 00379807 05/10/2017 MC AVOY & MARKHAM 2,061.28 0.00 2,061.28 AP 00379808 05/10/2017 MCMASTER CARR SUPPLY COMPANY 995.05 0.00 995.05 AP 00379809 05/10/2017 MEDLEY FIRE PROTECTION INC 450.04 0.00 450.04 AP 00379810 05/10/2017 MGT OF AMERICA INC 12,000.00 0.00 12,000.00 AP 00379811 05/10/2017 MICHAEL BAKER INTERNATIONAL INC 9,450.00 0.00 9,450.00 AP 00379812 05/10/2017 MIDWEST TAPE 1,047.94 0.00 1,047.94 AP 00379813 05/10/2017 MINUTEMAN PRESS 368.27 0.00 368.27 AP 00379814 05/10/2017 MIRION TECHNOLOGIES GDS INC 164.68 0.00 164.68 AP 00379815 05/10/2017 MISSION REPROGRAPHICS 5.39 0.00 5.39 AP 00379816 05/10/2017 MMASC 85.00 0.00 85.00 AP 00379817 05/10/2017 MORRIS, KIMBERLY 190.41 0.00 190.41 AP 00379818 05/10/2017 MUNISERVICES LLC 1,000.00 0.00 1,000.00 AP 00379819 05/10/2017 MUNOZ, LUIS 81.95 0.00 81.95 AP 00379820 05/10/2017 MUSICSTAR 3,513.60 0.00 3,513.60 AP 00379821 05/10/2017 NAPA AUTO PARTS 0.00 304.40 304.40 AP 00379822 05/10/2017 NEIUBER, ROBERT 10.00 0.00 10.00 AP 00379823 05/10/2017 NUNEZ, LUCY ALVAREZ- 27.60 0.00 27.60 AP 00379824 05/10/2017 OCLC INC 53.53 0.00 53.53 AP 00379825 05/10/2017 ONTARIO ICE SKATING CENTER 1,579.20 0.00 1,579.20 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 05/30/2017 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date 00379826 00379827 00379828 00379829 00379830 00379831 00379832 00379833 00379834 00379835 00379836 00379837 00379838 00379839 00379840 00379841 00379842 00379843 00379844 00379845 00379846 00379847 00379848 00379849 00379850 00379851 00379852 00379853 00379854 00379855 00379856 00379857 00379858 00379859 00379860 00379865 00379866 00379867 00379868 00379869 00379870 00379871 00379872 00379873 00379874 00379875 00379876 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name ONTARIO WINNELSON CO PACHECO, ART PACIFIC PARKING SYSTEMS INC PACIFIC UTILITY INSTALLATION INC PALMER, MARIE FRANCES PH&S PRODUCTS LLC PRE -PAID LEGAL SERVICES INC PROMOTIONS TEES & MORE RANCHO CUCAMONGA QUAKES REHABWEST INC RICHARDS WATSON AND GERSHON RICOH USA RMP ROBINSON, PAUL ROYAL WHOLESALE ELECTRIC RUPP, TROY SAN BERNARDINO COUNTY SHERIFFS DEPT SAN BERNARDINO CTY SAN BERNARDINO CTY FIRE PROTECTION DISTRICT SAVANNAH ROSE CARRIAGES SBPEA SC FUELS SC FUELS SCHOLASTIC BOOK FAIRS SCMAF - INLAND VALLEYS SHEAKLEY PENSION ADMINISTRATION SHEAKLEY PENSION ADMINISTRATION SHERIFFS COURT SERVICES SIGN SHOP, THE SIGTRONICS CORPORATION SILVER & WRIGHT LLP SIMONE, DEAN SMARTLITE SMITH, THERESE SOURCE GRAPHICS SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHLAND SPORTS OFFICIALS STANDARD INSURANCE COMPANY SYSTEMS SOURCE INC TASSO, PHILLIP TAU PSY.D, MANNY THOMPSON PLUMBING SUPPLY INC TOLL, RICHARD TURNOUT MAINTENANCE COMPANY LLC ULINE P5 g_q Fire Amount 220.89 1,045.00 252.10 150,455.00 145.97 0.00 96.59 0.00 12,340.00 576.94 70,797.17 775.14 350.00 39.88 4,983.90 706.25 5,576.00 0.00 55,143.75 450.00 970.78 0.00 0.00 473.80 1,225.00 0.00 330.70 446.95 80.82 0.00 10,698.50 1,000.00 545.00 91.08 147.88 27,308.35 489.46 1,541.85 276.00 16,932.35 4,679.58 176.40 157.05 342.65 0.00 0.00 259.69 0.00 0.00 0.00 0.00 0.00 3,270.00 0.00 1,066.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,806.77 0.00 0.00 0.00 9,456.43 947.76 0.00 0.00 155.95 0.00 0.00 0.00 266.46 0.00 0.00 0.00 0.00 0.00 1,451.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 270.00 1,383.61 0.00 220.89 1,045.00 252.10 150,455.00 145.97 3,270.00 96.59 1,066.24 12,340.00 576.94 70,797.17 775.14 350.00 39.88 4,983.90 706.25 5,576.00 11,806.77 55,143.75 450.00 970.78 9,456.43 947.76 473.80 1,225.00 155.95 330.70 446.95 80.82 266.46 10,698.50 1,000.00 545.00 91.08 147.88 28,759.68 *** 489.46 1,541.85 276.00 16,932.35 4,679.58 176.40 157.05 342.65 270.00 1,383.61 259.69 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 5 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date 00379877 00379878 00379879 00379880 00379881 00379882 00379883 00379884 00379885 00379886 00379887 00379888 00379889 00379890 00379891 00379892 00379893 00379894 00379895 00379896 00379897 00379898 00379899 00379900 00379901 00379902 00379903 00379904 00379905 00379906 00379907 00379908 00379909 00379911 00379912 00379913 00379914 00379915 00379916 00379917 00379918 00379919 00379920 00379921 00379922 00379923 00379924 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name UNITED PACIFIC SERVICES INC UNITED SITE SERVICES OF CA INC UNITED WAY UPSCO POWERSAFE SYSTEMS INC VALLEY POWER SYSTEMS INC VANDERHAWK CONSULTING LLC VERIZON VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VIRTUAL PROJECT MANAGER INC VISION COMMUNICATIONS CO VIVERAE INC VORTEX INDUSTRIES INC WAINWRIGHT, JANICE RODGERS WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY WORD MILL PUBLISHING WORLD ELITE GYMNASTICS CLAREMONT GRADUATE UNIVERSITY CONVERGEONE INC. ABC LOCKSMITHS BAUER COMPRESSORS BIBLIOTHECA LLC BRODART BOOKS DUNN EDWARDS CORPORATION EMCOR SERVICE EWING IRRIGATION PRODUCTS FORD OF UPLAND INC GENERATOR SERVICES CO GRANICUS INC LEVEL 3 COMMUNICATIONS LLC LIMS AUTO INC OFFICE DEPOT ORKIN PEST CONTROL A AND R TIRE SERVICE ABLE BUILDING MAINTENANCE ADAPT CONSULTING INC ADINATA, MARINTAN ADOBE ANIMAL HOSPITAL ALBERT A. WEBB ALCORN, RICHARD ALL CITIES TOOLS ALLIANT INSURANCE SERVICES INC. ALLSTAR FIRE EQUIPMENT INC AMTECH ELEVATOR SERVICES ARCHIBALD PET HOSPITAL P6 C Fire Amount 8,924.00 0.00 8,924.00 240.78 0.00 240.78 131.00 0.00 131.00 4,500.00 0.00 4,500.00 0.00 677.45 677.45 10,778.67 0.00 10,778.67 22.02 0.00 22.02 60.12 0.00 60.12 182.75 0.00 182.75 101.09 0.00 101.09 500.00 0.00 500.00 180.00 0.00 180.00 1,233.60 0.00 1,233.60 0.00 1,805.98 1,805.98 1,664.00 0.00 1,664.00 763.89 0.00 763.89 0.00 1,661.45 1,661.45 800.00 0.00 800.00 112.00 0.00 112.00 2,990.00 0.00 2,990.00 45,864.69 0.00 45,864.69 22.63 0.00 22.63 0.00 504.10 504.10 2,577.90 0.00 2,577.90 164.86 0.00 164.86 215.88 0.00 215.88 4,486.69 430.00 4,916.69 *** 762.00 0.00 762.00 8,449.93 0.00 8,449.93 0.00 1,998.22 1,998.22 4,144.96 0.00 4,144.96 5,291.57 0.00 5,291.57 1,545.93 0.00 1,545.93 7,770.20 648.64 8,418.84 *** 303.00 0.00 303.00 1,479.80 0.00 1,479.80 15,195.49 0.00 15,195.49 972.57 0.00 972.57 400.00 0.00 400.00 150.00 0.00 150.00 4,500.00 0.00 4,500.00 25.00 0.00 25.00 0.00 311.35 311.35 643.00 0.00 643.00 0.00 2,120.24 2,120.24 165.00 0.00 165.00 50.00 0.00 50.00 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 6 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379925 00379926 00379927 00379928 00379929 00379930 00379931 00379932 00379933 00379934 00379938 00379939 00379940 00379941 00379942 00379943 00379944 00379945 00379946 00379947 00379948 00379949 00379950 00379951 00379952 00379953 00379954 00379955 00379956 00379957 00379958 00379959 00379960 00379961 00379962 00379963 00379964 00379965 00379966 00379967 00379968 00379969 00379970 00379971 00379972 00379973 00379975 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name ARCHITERRA DESIGN GROUP ART OF LIVING FOUNDATION ARTISTIC RESOURCES CORPORATION AT&T MOBILITY BiCOASTAL PRODUCTIONS BISHOP COMPANY BLACKMAN, HAILE BLANCO, ESPERANZA BRIGHTVIEW LANDSCAPE SERVICES INC. BSN SPORTS INC. CVWD CABLE INC. CALIFORNIA MUNICIPAL UTILITIES ASSOC CAMPBELL, LEITHELLA CAPITAL ONE COMMERCIAL CARQUEST AUTO PARTS CCAC CHAMPION AWARDS AND SPECIALTIES CHARLES ABBOTT ASSOCIATES INC. CHINO MOWER AND ENGINE SERVICE CINTAS CORPORATION #150 CLOUGHESY, DONALD CONCEPT POWDER COATING CONFIRE JPA COTTON, PAMELA CRIME SCENE STERI-CLEAN LLC D M CONTRACTING INC DANIELS TIRE SERVICE DEMCO INC DEPARTMENT OF CONSUMER AFFAIRS DEPARTMENT OF CONSUMER AFFAIRS DEPARTMENT OF FORESTRY AND FIRE PROTECTION DEPARTMENT OF JUSTICE DESERT MOUNTAIN SELPA DIAMOND ENVIRONMENTAL SERVICES DIETZ, RICHARD J DLIMAGING DOHRMAN CONSTRUCTION INC DRAMATISTS PLAY SERVICE INC. ENGLISH, DENISE EXPERIAN FACTORY MOTOR PARTS FAVELA, RICHARD FERNANDEZ, GWYNETH FLEET SERVICES INC. FORTIN LAW GROUP FRONTIER COMM P7 g_q Fire Amount 0.00 72.00 48,512.11 0.00 5,250.00 251.77 2,000.00 448.12 100,861.19 254.46 60,410.53 1,274.00 1,385.64 36.64 553.53 0.00 200.00 86.20 4,070.00 488.55 8,804.05 0.00 935.00 0.00 240.00 540.00 149,976.53 0.00 162.43 115.00 115.00 0.00 3,095.00 250.00 288.50 41.01 4,827.58 5,000.00 59.70 500.00 52.00 0.00 60.00 67.64 0.00 17,466.70 9,862.10 145.50 0.00 0.00 84.00 0.00 0.00 0.00 0.00 0.00 0.00 190.06 0.00 0.00 0.00 0.00 101.06 0.00 0.00 0.00 0.00 23.58 390.00 0.00 210,426.33 0.00 0.00 0.00 2,773.33 0.00 0.00 0.00 248.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 219.31 0.00 0.00 100.74 0.00 3,138.48 145.50 72.00 48,512.11 84.00 5,250.00 251.77 2,000.00 448.12 100,861.19 254.46 60,600.59 *** 1,274.00 1,385.64 36.64 553.53 101.06 200.00 86.20 4,070.00 488.55 8,827.63 *** 390.00 935.00 210,426.33 240.00 540.00 149,976.53 2,773.33 162.43 115.00 115.00 248.00 3,095.00 250.00 288.50 41.01 4,827.58 5,000.00 59.70 500.00 52.00 219.31 60.00 67.64 100.74 17,466.70 13,000.58 *** User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 7 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379976 00379977 00379978 00379979 00379980 00379981 00379982 00379983 00379984 00379985 00379986 00379987 00379988 00379989 00379990 00379991 00379992 00379993 00379994 00379995 00379996 00379997 00379998 00379999 00380000 00380001 00380002 00380003 00380004 00380005 00380006 00380007 00380008 00380009 00380010 00380011 00380012 00380013 00380014 00380015 00380016 00380017 00380018 00380019 00380020 00380021 00380022 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name GARCIA, VIVIAN GEOGRAPHICS GIRL SCOUTS OF GREATER LOS ANGELES GLOBALSTAR USA GOLDEN OAKS VET HOSPITAL GOOD YEAR TIRE AND RUBBER CO. GRAINGER GRAPHICS FACTORY INC. GRIFFIN, SANDY GUILLEN, VICTOR GUNTHER, DIANE HAHN, NANCY HARGIS, ILANY G. HDL COREN AND CONE HILLS PET NUTRITION SALES INC HOSE MAN INC HOYT LUMBER CO., SM HUGHES, CHRIS HUMANE SOCIETY OF SAN BERNARDINO VALLEY INI HUNTER, CHIANA ILLUMINATE EVENT SERVICES INDEPENDENT ROOFING CONSULTANTS INDERWIESCHE, MATT INGLETON, ANABELL INLAND EMPIRE TOURS AND TRANSPORTATION INLAND VALLEY COUNCIL OF CHURCHES IRON MOUNTAIN OSDP JOHN BURR CYCLES INC JRC HOUSING KARAMBELAS, DIMITRIOS I KIMBALL MIDWEST KOA CORPORATION KOGGE, MICHAEL LANGUAGE PLANET LARKIN, DAVID W LIFE ASSIST INC LIVE OAK DOG OBEDIENCE LORBEL INC LOS ANGELES ENGINEERING INC MAGELLAN ADVISORS LLC MARIPOSA LANDSCAPES INC MARK CHRISTOPHER INC MARTINEZ TOWING MCDERMOTT, SCOTT MCMASTER CARR SUPPLY COMPANY MILLS ENTERTAINMENT LLC MINUTEMAN PRESS 36.00 3,794.83 250.00 83.69 150.00 491.66 313.53 355.58 0.00 50.00 275.00 625.00 175.00 4,200.00 908.21 0.00 0.00 404.57 100.00 200.00 600.00 3,000.00 1,224.00 8.84 983.00 2,500.00 793.58 5.15 4,765.00 1.15 74.22 11,840.00 275.00 1,107.00 0.00 0.00 702.00 19,884.62 165,712.97 5,275.00 23,292.88 0.00 135.00 71.95 1,689.41 22,320.00 2,262.40 P8 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 475.52 0.00 435.75 0.00 0.00 0.00 0.00 0.00 0.00 14.27 87.66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 270.00 4,013.13 0.00 0.00 0.00 0.00 0.00 163.28 0.00 0.00 0.00 0.00 0.00 36.00 3,794.83 250.00 83.69 150.00 491.66 789.05 *** 355.58 435.75 50.00 275.00 625.00 175.00 4,200.00 908.21 14.27 87.66 404.57 100.00 200.00 600.00 3,000.00 1,224.00 8.84 983.00 2,500.00 793.58 5.15 4,765.00 1.15 74.22 11,840.00 275.00 1,107.00 270.00 4,013.13 702.00 19,884.62 165,712.97 5,275.00 23,292.88 163.28 135.00 71.95 1,689.41 22,320.00 2,262.40 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 8 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380023 00380024 00380025 00380026 00380027 00380028 00380029 00380030 00380031 00380032 00380033 00380034 00380035 00380036 00380037 00380038 00380039 00380040 00380041 00380042 00380043 00380044 00380045 00380046 00380047 00380048 00380049 00380050 00380051 00380052 00380053 00380054 00380055 00380056 00380057 00380058 00380059 00380060 00380061 00380062 00380063 00380064 00380065 00380066 00380067 00380068 00380069 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name MITCHELL, REBECCA MORAN, AZALIA MOUNTAIN MOTOR SPORTS MOUNTAIN VIEW SMALL ENG REPAIR MUNICIPAL EMERGENCY SERVICES INC MUSIC AND THEATRE COMPANY LLC, THE NAPA AUTO PARTS NAVA, RUDY NEGRETTE, MIKE NEWCO DISTRIBUTORS INC NEWCOMB ANDERSON MCCORMICK INC NICHOLS, TIMOTHY NOVELTY PRINTING OCCUPATIONAL HEALTH CTRS OF CA ON DUTY ONTARIO SPAY AND NEUTER INC ONTRAC OPARC PACIFIC PREMIER BANK PERRY, ANDRAE PERRY, VERONICA PETERMAN LUMBER INC PIT STOP EMBROIDERY AND SCREEN PRINT POWEREX CORP PRESCHER, MICHAEL PRESENTATION MEDIA INC PRINCIPLES CONTRACTING INC PSA PRINT GROUP R AND R AUTOMOTIVE R3 CONSULTING GROUP INC RANCHO CUCAMONGA HIGH SCHOOL RBM LOCK AND KEY SERVICE RC CONSTRUCTION SERVICES INC RESOURCE BUILDING MATERIALS REYES, ANTHONY RJM DESIGN GROUP INC ROYAL WHOLESALE ELECTRIC SALAZAR, MIRANDA SAN BERNARDINO SHERIFF'S DEPT SBCTOA SC FUELS SC FUELS SC FUELS SCOTT, APRIL SECRET PLAN STUDIOS LLC SHRED IT USA LLC SITEONE LANDSCAPE SUPPLY LLC P9 City Fire Amount 52.69 0.00 52.69 1,000.00 0.00 1,000.00 1,878.63 0.00 1,878.63 107.71 0.00 107.71 0.00 5,377.26 5,377.26 5,000.00 0.00 5,000.00 0.00 13.82 13.82 64.71 0.00 64.71 200.00 0.00 200.00 439.08 0.00 439.08 1,659.00 1,106.00 2,765.00 *** 500.00 0.00 500.00 211.19 0.00 211.19 79.00 0.00 79.00 0.00 1,488.11 1,488.11 1,375.00 0.00 1,375.00 57.74 0.00 57.74 396.00 0.00 396.00 0.00 31,943.18 31,943.18 3.11 0.00 3.11 74.70 0.00 74.70 832.77 0.00 832.77 0.00 1,138.43 1,138.43 20,520.47 0.00 20,520.47 3,236.00 0.00 3,236.00 14,213.42 0.00 14,213.42 6,349.80 0.00 6,349.80 2,270.83 0.00 2,270.83 494.06 0.00 494.06 4,500.00 0.00 4,500.00 250.00 0.00 250.00 38.68 0.00 38.68 0.00 606,920.33 606,920.33 1,892.46 0.00 1,892.46 56.16 0.00 56.16 23,166.25 0.00 23,166.25 2,100.38 3,082.94 5,183.32 249.64 0.00 249.64 0.00 220.00 220.00 0.00 50.00 50.00 19,177.08 0.00 19,177.08 0.00 6,919.02 6,919.02 0.00 771.73 771.73 513.00 0.00 513.00 500.00 0.00 500.00 166.00 0.00 166.00 340.21 511.40 851.61 *** *** User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 05/30/2017 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380070 00380071 00380072 00380076 00380077 00380078 00380079 00380080 00380081 00380082 00380083 00380084 00380085 00380086 00380087 00380088 00380089 00380090 00380091 00380092 00380093 00380094 00380095 00380096 00380097 00380098 00380099 00380100 00380101 00380102 00380103 00380104 00380105 00380106 00380107 00380108 00380109 00380110 00380111 00380112 00380113 00380115 00380116 00380117 00380118 00380119 00380120 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/22/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name SMITH, MICHAEL C SONETICS CORPORATION SOUTH COAST AQMD SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SPRINT STERLING COFFEE SERVICE STOVER, JEFF SYN -TECH SYSTEMS TERRA VISTA ANIMAL HOSPITAL THE COUNSELING TEAM INTERNATIONAL THOMPSON PLUMBING SUPPLY INC UNITED PACIFIC SERVICES INC UPS VALLEY POWER SYSTEMS INC VERA, CARA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VISION SERVICE PLAN CA VORTEX INDUSTRIES INC WALTERS WHOLESALE ELECTRIC CO WATERS, VICTOR WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WILLIAMS, CRYSTAL WINZER CORPORATION WRAY, JUSTIN ABC LOCKSMITHS AGILINE LLC AIRGAS USA LLC DUNN EDWARDS CORPORATION EMCOR SERVICE EWING IRRIGATION PRODUCTS HOLLIDAY ROCK CO INC INLAND VALLEY DAILY BULLETIN KME FIRE APPARATUS OFFICE DEPOT ORKIN PEST CONTROL SUNRISE FORD VISTA PAINT CALIFORNIA BOARD OF EQUALIZATION, STATE OF A & M FIRST AID INC 514.56 0.00 0.00 25,286.62 168,459.68 693.30 7,917.94 0.00 1,762.02 6,500.00 0.00 50.00 0.00 180.37 12,699.00 285.22 0.00 24.00 573.15 10.78 118.18 5,149.07 0.00 11,143.70 0.00 968.69 81.15 3,066.74 0.00 111.02 0.00 90.75 1,373.36 2,920.00 0.00 469.89 28,911.00 5,973.02 1,827.56 6,747.56 0.00 4,977.83 657.16 454.10 650.69 2,478.89 538.76 P10 Fire Amount 0.00 188.57 627.35 0.00 0.00 0.00 0.00 131.97 0.00 0.00 147,940.25 0.00 690.00 0.00 0.00 0.00 1,224.29 0.00 0.00 0.00 0.00 0.00 2,988.18 0.00 5,734.13 0.00 0.00 1,539.70 2,655.50 0.00 68.12 0.00 0.00 0.00 269.70 0.00 0.00 0.00 0.00 0.00 646.50 1,507.04 564.00 0.00 0.00 1,001.92 0.00 514.56 188.57 627.35 25,286.62 168,459.68 693.30 7,917.94 131.97 1,762.02 6,500.00 147,940.25 50.00 690.00 180.37 12,699.00 285.22 1,224.29 24.00 573.15 10.78 118.18 5,149.07 2,988.18 11,143.70 5,734.13 968.69 81.15 4,606.44 2,655.50 111.02 68.12 90.75 1,373.36 2,920.00 269.70 469.89 28,911.00 5,973.02 1,827.56 6,747.56 646.50 6,484.87 1,221.16 454.10 650.69 3,480.81 538.76 *** *** *** User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 10 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380121 00380122 00380123 00380124 00380125 00380126 00380127 00380128 00380129 00380130 00380131 00380132 00380133 00380134 00380135 00380136 00380137 00380138 00380141 00380142 00380143 00380144 00380145 00380146 00380147 00380148 00380149 00380150 00380151 00380152 00380153 00380154 00380155 00380156 00380157 00380158 00380159 00380160 00380161 00380162 00380163 00380164 00380165 00380166 00380167 00380168 00380169 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name A AND R TIRE SERVICE A'JONTUE, ROSE ANN AAA ELECTRIC MOTOR SALES ABLE BUILDING MAINTENANCE AFLAC GROUP INSURANCE ALL CITIES TOOLS ALL WELDING ALLIANT INSURANCE SERVICES INC. ALLSTAR FIRE EQUIPMENT INC ALTA VISTA MOBILE HOME PARK ARLET, MARY AROCHO, ALMA AT&T AUSTIN, ALEJANDRA AUTO AND RV SPECIALISTS INC. BERNELL HYDRAULICS INC BOLTON, HEATHER BRIGHTVIEW LANDSCAPE SERVICES INC. CVWD CA LLC - DBA ALTA LAGUNA MHP CAL PERS CAL PERS LONG TERM CARE CALIFORNIA SHOPPING CART RETRIEVAL CORP CALIFORNIA, STATE OF CALIFORNIA, STATE OF CALIFORNIA, STATE OF CAMERON WELDING SUPPLY CARQUEST AUTO PARTS CARTY, DIANE CASA VOLANTE MOBILE HOME PARK CASTILLO, FRANCISCO CDW GOVERNMENT INC. CHAPARRAL HEIGHTS MOBILE HOME PARK CHARTER COMMUNICATIONS CHU, MICHAEL CINTAS CORPORATION #150 CITY RENTALS CLARK, KAREN CLIENT FIRST CONSULTING GROUP CLOUGHERTY, JOHN FRANCIS COMBINED MARTIAL SCIENCE INC CONCEPT POWDER COATING CORODATA MEDIA STORAGE INC CROP PRODUCTION SERVICES INC CRUZ, MOLINA D AND K CONCRETE COMPANY DANCE TERRIFIC 266.07 1,248.80 253.44 40,290.73 64.47 0.00 1,014.00 558.00 0.00 600.00 43.58 1,332.00 470.71 77.81 71.07 886.02 288.20 26,242.05 41,124.71 900.00 137,259.99 286.21 85.00 60.00 8.44 100.00 72.96 178.26 390.00 900.00 540.00 2,406.28 700.00 11,108.54 445.20 0.00 2,735.25 1,143.00 5,680.00 275.00 4,644.00 220.00 1,054.75 2,724.29 105.82 2,964.21 2,468.20 P11 Fire Amount 0.00 0.00 0.00 0.00 0.00 188.02 0.00 0.00 4,748.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 411.73 0.00 7,881.24 0.00 0.00 0.00 0.00 0.00 0.00 21.49 0.00 0.00 0.00 0.00 0.00 692.75 0.00 984.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 266.07 1,248.80 253.44 40,290.73 64.47 188.02 1,014.00 558.00 4,748.40 600.00 43.58 1,332.00 470.71 77.81 71.07 886.02 288.20 26,242.05 41,536.44 *** 900.00 145,141.23 *** 286.21 85.00 60.00 8.44 100.00 72.96 199.75 *** 390.00 900.00 540.00 2,406.28 700.00 11,801.29 *** 445.20 984.79 2,735.25 1,143.00 5,680.00 275.00 4,644.00 220.00 1,054.75 2,724.29 105.82 2,964.21 2,468.20 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 11 ORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380170 00380171 00380172 00380173 00380174 00380175 00380176 00380177 00380178 00380179 00380180 00380181 00380182 00380183 00380184 00380185 00380186 00380187 00380188 00380189 00380190 00380191 00380192 00380193 00380194 00380195 00380196 00380197 00380198 00380199 00380200 00380201 00380202 00380203 00380204 00380205 00380206 00380207 00380208 00380209 00380210 00380211 00380212 00380213 00380214 00380215 00380216 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name DMV RENEWAL DOLAN, JULIE DOLLARHIDE, GINGER DUGMORE & DUNCAN INC. DUMBELL MAN FITNESS EQUIPMENT, THE DUNN, ANN MARIE EASTERLING, RAY EDWARD PROFESSIONAL ADVISORS ELECNOR BELCO ELECTRIC INC EMPLOYMENT DEVELOPMENT DEPT. EMPLOYMENT DEVELOPMENT DEPT. ENVISIONWARE INC. EXECUTIVE AUTO DETAIL EXPRESS BRAKE SUPPLY FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL SIGNAL CORPORATION FELICIANO, GASPAR ANTHONY FIRST CLASS HEATING & AIR FISHER SCIENTIFIC CO LLC FLAG SYSTEMS INC. FLEET SERVICES INC. FLEETPRIDE FOOTHILL CHAPTER OF ICC FOOTHILL MOBILE MANOR FRONTIER COMM GATES, THERESA GEORGE HILLS COMPANY GILLISON, JOHN GIORDANO, MARIANNA GOLDEN STATE RISK MANAGEMENT AUTHORITY GONSALVES AND SON,JOE A GOOD YEAR TIRE AND RUBBER CO. GRAINGER GRIFFIN STRUCTURES INC GRIMCO GROVE LUMBER HAAKER EQUIPMENT CO HAMILTON, MONIQUE HAMPTON YOGA HAN, ZHIMING HEARTSAVERS LLC HEILIG, KELLY HEPNER, MIREYA HI WAY SAFETY INC HINDERLITER DE LLAMAS AND ASSOCIATES 156.00 525.00 132.00 612.56 150.00 701.40 333.60 1,725.00 188,599.22 0.00 13,097.00 2,430.73 1,040.00 754.13 28.08 22.77 11.20 0.00 240.00 903.91 286.27 204.73 0.00 0.00 50.00 400.00 3,613.74 34.50 1,728.50 61.56 357.60 99,119.00 3,045.00 0.00 4,115.84 24,451.90 6,074.96 96.65 48.08 960.00 852.00 520.00 80.00 480.00 450.00 295.43 17,992.64 P12 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 620.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 212.10 0.00 0.00 0.00 0.00 76.72 66.78 0.00 0.00 722.86 0.00 0.00 0.00 0.00 1,306.00 0.00 504.07 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 156.00 525.00 132.00 612.56 150.00 701.40 333.60 1,725.00 188,599.22 620.00 13,097.00 2,430.73 1,040.00 754.13 28.08 22.77 11.20 212.10 240.00 903.91 286.27 204.73 76.72 66.78 50.00 400.00 4,336.60 *** 34.50 1,728.50 61.56 357.60 100,425.00 *** 3,045.00 504.07 4,1 15.84 24,451.90 6,074.96 96.65 48.08 960.00 852.00 520.00 80.00 480.00 450.00 295.43 17,992.64 User: VLOPEZ - VERONICA LOPEZ Page: 12 Report: CK_AGENDA_REG_PO Current Date: 05/30/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380217 00380218 00380219 00380220 00380221 00380222 00380223 00380224 00380225 00380226 00380227 00380228 00380229 00380230 00380231 00380232 00380233 00380234 00380235 00380236 00380237 00380238 00380239 00380240 00380241 00380242 00380243 00380244 00380245 00380246 00380247 00380248 00380249 00380250 00380251 00380252 00380253 00380254 00380255 00380256 00380257 00380258 00380259 00380260 00380261 00380262 00380263 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name HOLLAND, BRANDIE HOME DEPOT CREDIT SERVICES 645 HOMETOWN AMERICA RAMONA VILLA HORIZONS CONSTRUCTION COMPANY INTERNAT101\ HOSE MAN INC HOTTINGER, HEATHER HOYT LUMBER CO., SM HUB CONSTRUCTION SPECIALTIES INC HUDSON AUDIO WORKS HUNTINGTON HARDWARE HYDRO TEK SYSTEMS INC IDEAL GLASS TINTING IMPRESSIONS GOURMET CATERING INLAND FAIR HOUSING AND MEDIATION BOARD INLAND PRESORT & MAILING SERVICES INLAND TOP SOIL MIXES INLAND VALLEY DANCE ACADEMY JOHNNY ALLEN TENNIS ACADEMY JRC HOUSING JRC HOUSING JRC HOUSING JRC HOUSING JRC HOUSING K -K WOODWORKING KALBAN INC KEITH, JORRY KEMLE, ALEJANDRA LATREACE, RAINEY LEE, DIANNA LENOVO (UNITED STATES) INC. LIN, LIN LITTLE BEAR PRODUCTIONS LIVE OAK DOG OBEDIENCE LOS ANGELES FREIGHTLINER LU'S LIGHTHOUSE INC MALL SIGNS & SERVICE MARIPOSA LANDSCAPES INC MARK CHRISTOPHER INC MARSHALL, SYLVIA MARTINEZ TOWING MC AVOY & MARKHAM MCMASTER CARR SUPPLY COMPANY MEDLEY FIRE PROTECTION INC MICHAEL BAKER INTERNATIONAL INC MIDWEST TAPE MILLER, JOSEPH MINUTEMAN PRESS P13 Cj Fire Amount 72.00 1,794.42 1,000.00 0.00 1,078.62 630.00 0.00 142.55 2,800.00 638.49 96.57 550.00 770.41 1,364.45 240.74 1,165.05 5,073.00 1,065.00 4,180.00 350.00 3,995.00 1,495.00 1,895.00 43.06 19,950.95 283.20 500.00 368.00 97.65 179.27 348.39 1,275.00 624.00 943.13 0.00 49.00 6,144.00 627.21 1,404.00 45.00 5,883.15 218.22 3,348.59 8,400.00 3,355.55 1,000.00 476.57 0.00 0.00 0.00 193,135.00 0.00 0.00 36.99 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 54.65 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 72.00 1,794.42 1,000.00 193,135.00 1,078.62 630.00 36.99 142.55 2,800.00 638.49 96.57 550.00 770.41 1,364.45 240.74 1,165.05 5,073.00 1,065.00 4,180.00 350.00 3,995.00 1,495.00 1,895.00 43.06 19,950.95 283.20 500.00 368.00 97.65 179.27 348.39 1,275.00 624.00 943.13 54.65 49.00 6,144.00 627.21 1,404.00 45.00 5,883.15 218.22 3,348.59 8,400.00 3,355.55 1,000.00 476.57 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 13 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380264 00380265 00380266 00380267 00380268 00380269 00380270 00380271 00380272 00380273 00380274 00380275 00380276 00380277 00380278 00380279 00380280 00380281 00380282 00380283 00380284 00380285 00380286 00380287 00380288 00380289 00380290 00380291 00380292 00380293 00380294 00380295 00380296 00380297 00380298 00380299 00380300 00380301 00380302 00380303 00380304 00380305 00380306 00380307 00380308 00380309 00380310 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name MOE, JOHN MONAE, GIA MORRIS, RICHARD MORRISON SPORTS LLC MOUNTAIN VIEW INLAND POOL SUPPLY & REPAIR MOUNTAIN VIEW SMALL ENG REPAIR MUNICIPAL EQUIPMENT MAINTENANCE ASSOCIATIC MUSIC THEATRE INTERNATIONAL NAPA AUTO PARTS NATIONAL CNG & FLEET SERVICE NBS NEOPOST-4715 - FIRST DATA REMITCO NG, BILLY NIMAKO, SOLOMON OCCUPATIONAL HEALTH CTRS OF CA ONTARIO WINNELSON CO ONTRAC ONWARD ENGINEERING ORONA, PATRICIA ORTIZ, AVIANCA OTT, LAURA OTT, SHARON PACIFIC YOUTH SPORTS PACK, JARED PARS PASHA MANAGEMENT PATISH, GRIGORIY PETES ROAD SERVICE INC PINES MOBILE HOME PARK, THE POWER PLAY YOUTH ATHLETICS PRE -PAID LEGAL SERVICES INC PRECISION GYMNASTICS PRISTINE UNIFORMS LLC PROGISTICS DISTRIBUTION PSA PRINT GROUP PUBLIC TECHNOLOGY INSTITUTE QI, HONGGANG RBM LOCK AND KEY SERVICE RC PHOTO CLUB INC REALTY MASTERS & ASSOCIATES RIGLEMAN, ENCARNACION ONTIVEROS RODRIGUEZ INC, RY ROTO ROOTER ROYAL WHOLESALE ELECTRIC SABIO, KINI SAFE KIDS WORLDWIDE SAMUEL FRENCH INC 280.00 1,195.72 162.00 10,101.00 6.41 769.76 275.00 5,365.17 2.26 175.91 570.00 10,000.00 47.99 1,172.39 1,899.50 669.04 35.83 17,329.00 630.00 23.75 615.00 612.00 2,418.00 69.96 3,500.00 34.01 61.40 387.01 400.00 1,071.00 96.59 2,740.50 267.18 49.79 0.00 3,300.00 336.00 7.54 464.00 100.00 120.00 1,563.31 377.35 577.04 811.20 50.00 750.00 P14 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 392.47 0.00 0.00 0.00 0.00 0.00 122.50 0.00 0.00 507.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 116.37 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 280.00 1,195.72 162.00 10,101.00 6.41 769.76 275.00 5,365.17 394.73 *** 175.91 570.00 10,000.00 47.99 1,172.39 2,022.00 *** 669.04 35.83 17,836.00 *** 630.00 23.75 615.00 612.00 2,418.00 69.96 3,500.00 34.01 61.40 387.01 400.00 1,071.00 96.59 2,740.50 267.18 49.79 116.37 3,300.00 336.00 7.54 464.00 100.00 120.00 1,563.31 377.35 577.04 811.20 50.00 750.00 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 14 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date 00380311 00380312 00380313 00380314 00380315 00380316 00380317 00380318 00380319 00380320 00380327 00380328 00380329 00380330 00380331 00380332 00380333 00380334 00380335 00380336 00380337 00380338 00380339 00380340 00380341 00380342 00380343 00380344 00380345 00380346 00380347 00380348 00380349 00380350 00380351 00380352 00380353 00380354 00380355 00380356 00380359 00380360 00380361 00380362 00380363 00380364 00380365 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name SAN BERNARDINO CTY SAN BERNARDINO CTY SASSY FASHION OF RANCHO CUCAMONGA SBPEA SENECHAL, CALVIN SHERIFFS COURT SERVICES SIGN SHOP, THE SITEONE LANDSCAPE SUPPLY LLC SO CALIF GAS COMPANY SONSRAY MACHINERY LLC SOUTHERN CALIFORNIA EDISON SPARKLETTS SPINITAR STORAGE CONTAINER.COM SWARTZ, ALAN SYCAMORE VILLA MOBILE HOME PARK SYSCO LOS ANGELES INC THOMPSON PLUMBING SUPPLY INC TICKETS.COM TRACEY, VAL TYUS, IDA U.S. BANK PARS ACCT #6746022500 U.S. BANK PARS ACCT #6746022500 UNDERGROUND SVC ALERT OF SO CAL UNIQUE MANAGEMENT SERVICES INC UNITED SITE SERVICES OF CA INC UNITED WAY UNIVERSAL MARTIAL ARTS CENTERS UPLAND ANIMAL HOSPITAL UPS UTILIQUEST VANDERHAWK CONSULTING LLC VERIZON BUSINESS VICTOR MEDICAL COMPANY VORTEX INDUSTRIES INC WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WEST END MATERIAL SUPPLY WHITE CAP CONSTRUCTION SUPPLY WHITESIDE, ROBERT XEROX CORPORATION ZOETIS US LLC ZONES CORPORATE SOLUTIONS CURATALO, JAMES LONCAR, PHILIP TOWNSEND, JAMES WALKER, KENNETH P15 Fire Amount 15,573.18 0.00 15,573.18 15,573.18 0.00 15,573.18 405.82 0.00 405.82 970.41 0.00 970.41 532.20 0.00 532.20 446.95 0.00 446.95 63.06 0.00 63.06 60.17 0.00 60.17 21.89 356.92 378.81 *** 820.28 0.00 820.28 10,747.42 2,246.27 12,993.69 * * * 41.20 0.00 41.20 1,522.50 0.00 1,522.50 203.50 0.00 203.50 135.00 0.00 135.00 400.00 0.00 400.00 883.00 0.00 883.00 765.30 0.00 765.30 727.22 0.00 727.22 72.00 0.00 72.00 54.00 0.00 54.00 583.95 0.00 583.95 9,567.45 0.00 9,567.45 192.00 0.00 192.00 649.12 0.00 649.12 229.98 0.00 229.98 131.00 0.00 131.00 1,302.00 0.00 1,302.00 50.00 0.00 50.00 166.11 0.00 166.11 1,897.69 0.00 1,897.69 9,480.43 0.00 9,480.43 99.14 0.00 99.14 10,646.05 0.00 10,646.05 0.00 724.70 724.70 3,041.84 2,219.17 5,261.01 *** 0.00 398.49 398.49 109.14 0.00 109.14 511.26 0.00 511.26 574.94 0.00 574.94 9,790.63 437.07 10,227.70 *** 2,260.02 0.00 2,260.02 0.00 4,402.94 4,402.94 0.00 1,733.29 1,733.29 0.00 1,019.78 1,019.78 0.00 1,733.29 1,733.29 0.00 261.76 261.76 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 15 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Current Date: 05/30/2017 Time: 13:12:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Check No. Check Date Vendor Name Agenda Check Register 5/9/2017 through 5/29/2017 AP 00380366 05/25/2017 YOWELL, TIMOTHY A AP 00380367 05/25/2017 ABC LOCKSMITHS AP 00380368 05/25/2017 AIRGAS USA LLC AP 00380370 05/25/2017 BRODART BOOKS AP 00380371 05/25/2017 CALSENSE AP 00380372 05/25/2017 EMCOR SERVICE AP 00380373 05/25/2017 FORD OF UPLAND INC AP 00380374 05/25/2017 GENERATOR SERVICES CO AP 00380375 05/25/2017 HOLLIDAY ROCK CO INC AP 00380376 05/25/2017 INLAND VALLEY DAILY BULLETIN AP 00380377 05/25/2017 INTERSTATE BATTERIES AP 00380378 05/25/2017 LANDCARE USA LLC AP 00380379 05/25/2017 LIMS AUTO INC AP 00380380 05/25/2017 OFFICE DEPOT AP 00380381 05/25/2017 ORKIN PEST CONTROL AP 00380382 05/25/2017 SUNRISE FORD Note: *** Check Number includes both City and Fire District expenditures P16 Fire Amount 0.00 1,389.38 18.87 0.00 7,271.68 0.00 5,147.99 0.00 2,368.25 0.00 9,252.00 0.00 354.63 0.00 592.08 0.00 946.59 0.00 940.00 0.00 0.00 372.17 48,971.63 0.00 180.53 0.00 2,872.37 1,037.04 665.00 0.00 846.49 0.00 Total City: Total Fire: Grand Total: 1,389.38 18.87 7,271.68 5,147.99 2,368.25 9,252.00 354.63 592.08 946.59 940.00 372.17 48,971.63 180.53 3,909.41 665.00 846.49 $6,730,766.68 $1,531,423.00 $8,262,189.68 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 05/30/2017 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 P17 DATE: June 7, 2017 TO: FROM: John R. Gillison, City Manager INITIATED BY: Mike Costello, Fire Chief ,,, Don Cloughesy, Deputy Fire Chief Ruth Cain, Procurement Manager Michelle Cowles, Management Aide STAFF REPORT President and Members of the Board of Directors SUBJECT: CONSIDERATION TO APPROVE AND AWARD A PROFESSIONAL SERVICES AGREEMENT TO ERICKSON-HALL CONSTRUCTION FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE NEW (RELOCATION) SAN BERNARDINO ROAD FIRE STATION (172) RECOMMENDATION: Staff recommends the Fire Board award a Professional Services Agreement to Erickson - Hall Construction (EH) for $695,000 and authorize the expenditure of a 10% contingency in the amount of $69,500 for Construction Management Services for the new (relocation) of San Bernardino Road Fire Station (172). BACKGROUND: A long-time Fire Board strategic plan goal has been to replace the original Cucamonga Fire Department Station (172), built in 1954, with a new state-of-the-art station on the west side of the City. At the direction of the Fire Board, the District purchased property to the west of the current Station 172, located at the northwest corner of Vineyard Avenue and San Bernardino Road. The District chose the location at Vineyard Avenue and San Bernardino Road after extensive response planning, GIS analysis, and coordination with the City Planning Department. This new facility will not only enhance response time for the Fire District, but also for Rancho Cucamonga Police Department (RCPD), as the project includes a new substation for Deputies in the western part of the community. The new location will have access to the Pacific Electric Trail, a shaded rest stop with water (human and pet), a historical kiosk, and a bicycle station (dedicated to fallen Motor Officer Ron Ives), all meeting the needs of the community. Up-to-date systems and features will be included that directly address Healthy RC's vision of a sustainable city. ANALYSIS: The District would like to retain the Construction Management Services at the beginning of the design phase to foster a team environment, manage design and construction activities, resolve issues, and achieve project goals and objectives. Using modern Page 1 of 2 construction standards in design and build, this facility will meet the District's mission for a minimum of 50 years. Fire staff provided the detailed specifications for Construction Management Services for new Fire Station 172 to the Procurement Division. Procurement prepared and posted formal Request for Proposal (RFP) #16/17-007 to the City's automated procurement system. As a result, there were six hundred and thirty-six (636) local and other vendors notified, fifty-three (53) prospective bidders downloaded the RFP documentation. One (1) vendor, BCM Group, Inc. of Rancho Cucamonga, was deemed non-responsive because they did not complete the RFP Cost Proposal. The following eight (8) vendors submitted responsive proposals; KOA Corporation of Ontario, Griffin Structures of Irvine, Aufbau Corporation of Glendale, Erickson -Hall of Escondido, Simplus Management Corporation of Los Alamitos, Honnold Construction Management Inc. of Rancho Cucamonga, and Bernards Bros. Inc. of Ontario. Fire District and Procurement staff reviewed and evaluated each response based off the RFP criteria that included: • Competence of the construction management firm to perform the required management services, as indicated by the technical training, education and experience of the firm's personnel who would be assigned to perform the services. • Ability, in terms of workload and availability, of qualified personnel, equipment, and facilities to perform the required management services competently and expeditiously. • Past performance as reflected by the evaluation of previous clients with respect to factors such as control of costs, quality of work, and meeting of deadlines. Erickson -Hall Construction was found to be the most responsive vendor meeting the District's needs. Therefore, staff recommends an award to Erickson -Hall of Escondido, CA, in accordance with the specifications published in RFP #16/17-007. All applicable documentation is on file in the City's electronic procurement system and can be located through the City's Internet. FISCAL IMPACT: Adequate funds were budgeted for the Construction Management Services in FY2017/18 in Fire Protection Capital Fund/Capital Project/San Bernardino Station 172 Relocation Account No. 3288501-5650/1733288-6317; however, this project has progressed quicker than anticipated, and the District requests that the Fire Board approve an appropriation of funds for the current FY2016/17. COUNCIL GOAL(S) ADDRESSED: PUBLIC SAFETY The relocation and rebuilding of the San Bernardino Road Fire Station (172) will enhance public safety with more efficient response times and enhance the needs of the community. ATTACHMENTS: None Page 2 of 2 P18 P19 STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the Housing Successor Agency FROM: John R. Gillison, City Manager INITIATED BY: Jeff Bloom. Deputy City Manager/Econo),r & Community Development Flavio Nunez, Management Analyse / SUBJECT: Consideration of Approval of First Amendment To Operation and Maintenance Agreement for Rancho Verde Village RECOMMENDATION: It is recommended that the Housing Successor Agency approve the First Amendment to the Operation and Maintenance Agreement for Rancho Verde Village. BACKGROUND: In 1993 the former Rancho Cucamonga Redevelopment Agency entered into a Loan Agreement and Regulatory Agreement with Southern California Housing Development Corporation (known today as National Community Renaissance or National CORE) for the purpose of acquiring Rancho Verde Village located at 8837 Grove Avenue. The partnership agreements allowed the Agency and National CORE to restrict 104 -apartment units for individuals and families of low -and - moderate income for 30 -years. In 2007 National CORE amended the Regulatory Agreement and entered into an Operations and Maintenance Agreement that extended the Agency's financial assistance to Rancho Verde Village and further deepened the affordability covenants on the property. ANALYSIS: Today, National CORE is refinancing the Rancho Verde Village Property and is obtaining refinancing proceeds from the transaction. The Operation and Maintenance Agreement requires National CORE establish a "Future Projects Account" and net refinancing proceeds be deposited into the account to improve and rehabilitate the property. The First Amendment to Operation and Maintenance Agreement further defines the proceeds to be approximately $950,000.00 to be held by the City. As a condition precedent to any commitment of such funds by City, National CORE must make arrangements reasonably satisfactory to the City that such funds will be expended in a manner which helps the City meet its affordable housing goals. It is important to note that the funds will be generated from the refinance of the property and are not City funds. FISCAL IMPACT: There is no fiscal impact to the City. Page 1 of 2 P20 HOUSING AGENCY STAFF REPORT - RANCHO VERDE VILLAGE JUNE 7, 2017 COUNCIL GOAL(S) ADDRESSED: The Housing Successor Agency will be preserving the City's stock of rental affordable housing for low -and -moderate income individuals and families. ATTACHMENTS: Attachment 1 — First Amendment to Operation and Maintenance Agreement for Rancho Verde Village Page 2of2 P21 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: City Manager With a copy to: National Community Renaissance of California 9421 Haven Avenue Rancho Cucamonga, CA 91730 Attn: Ashley Wright (SPACE ABOVE FOR RECORDER'S USE ONLY) FIRST AMENDMENT TO OPERATION AND MAINTENANCE AGREEMENT FOR RANCHO VERDE VILLAGE between the CITY OF RANCHO CUCAMONGA (as successor to the housing assets and contracts of the former Rancho Cucamonga Redevelopment Agency) and NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA ATTACHMENT 1 11231-0001 \2075928v3.doc FIRST AMENDMENT TO OPERATION AND MAINTENANCE AGREEMENT FOR RANCHO VERDE VILLAGE THIS FIRST AMENDMENT TO OPERATION AND MAINTENANCE AGREEMENT FOR RANCHO VERDE VILLAGE ("Amendment") is dated as of June 7, 2017 and is entered into by and between NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, a California nonprofit public benefit corporation, formerly known as The Southern California Housing Development Corporation ("Owner"), and the CITY OF RANCHO CUCAMONGA, as successor to the housing assets and contracts of the former Rancho Cucamonga Redevelopment Agency ("City"). RECITALS A. Owner and the Rancho Cucamonga Redevelopment Agency ("Agency") entered into an Operations and Maintenance Agreement for Rancho Verde Village dated August 15, 2007 which was recorded on December 7, 2007 as Document No. 2007-0684669 in the Official Records of the County of San Bernardino (the "Agreement"). Capitalized terms used herein but not defined shall have the meanings set forth in the Agreement. B. The Agency has been dissolved by operation of law, and the City has succeeded to the housing assets and contracts of the Agency, including the Agreement. C. Owner is obtaining net refinancing proceeds from refinancing a loan that is secured by the Project (the "Net Refinancing Proceeds") and intends to deposit such proceeds into the Future Projects Account described in Section 3.6 of the Agreement. D. In order to clarify and facilitate City's rights and obligations with respect to the Future Projects Account, City has requested that Owner amend the Agreement as set forth herein, and Owner has agreed to do so. NOW, THEREFORE, in consideration of the foregoing recitals, and other consideration, the sufficiency of which is hereby acknowledged, Owner and City hereby agree as follows: AGREEMENT/AMENDMENT 1. Project Account. Section 3.6(b) of the Agreement is hereby deleted and the following is hereby substituted in lieu thereof: "(b) Future Projects Account. Owner has established a future projects account (the "Future Projects Account") for the Project, and has given the account information to City on a confidential basis. On or before September 30, 2017, Owner shall deliver all funds in such account to the City, which shall then own and hold such funds for Owner's (or Owner's affiliates), acquisition, construction and rehabilitation of affordable housing units and projects within the City, and for similar purposes as may be approved by the City. Developer shall also promptly -1- 11231-0001 1- 11231-0001 \2075928v3.doc P22 deliver to City fifty percent (50%) of (i) all net refinancing proceeds from the Project from any refinancings that occur on or prior to September 30, 2017 (said 50% estimated to be approximately $950,000.00) to be held by City for such purposes; and (ii) net refinancing proceeds from the Project for any later refinancings after replenishing any reserves required by this Agreement from the net refinancing proceeds from any such later refinancing. "Net refinancing proceeds" shall mean money received by Owner from the net proceeds from a refinancing loan on the Project after the payment of (i) the then current permanent loan on the Project, plus (ii) all ordinary, reasonable and necessary fees and costs incurred in connection with any such replacement financing. As a condition precedent to any commitment of such funds by City to any affordable housing project by Owner, Owner must make arrangements satisfactory to the City that such funds will be expended in a manner which helps the City meet its affordable housing goals, and City may require the execution and recordation of appropriate affordable housing restrictions in connection therewith (and City shall not be obligated to commit any such funds to any project by Owner)." 2. Miscellaneous. 2.1. Applicable Law. This Amendment shall be interpreted under and pursuant to the laws of the State of California. 2.2. Attorneys' Fees. If any action or proceeding is brought for the enforcement of this Amendment, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Amendment, or to interpret this Amendment or any of the provisions hereof, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceedings, whether or not said action or proceeding goes to final judgment, in addition to any other relief to which it or they may be entitled, and shall include any post judgment attorneys' fees incurred, any attorneys' fees incurred by the prevailing party on appeal and by the prevailing party for any post judgment motion proceedings or hearings, and any and all attorneys' fees incurred in any and all efforts by the prevailing party to collect its judgment. 2.3. Binding Upon Successors. This Amendment shall be binding up and inure to the benefit of successors in interest and assigns of each of the parties hereto. -2- 11231-0001 \2075928v3.doc P23 WHEREFORE, the parties have executed this Amendment to be effective as of the date and year first above written. OWNER: NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, A California nonprofit public benefit corporation By: Michael Finn Chief Financial Officer CITY: CITY OF RANCHO CUCAMONGA By: L. Dennis Michael, Mayor ATTEST: By: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: James Markman, City Attorney -3- 11231-0001 \2075928v3.doc P24 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -4- 1123 I -0001 \2075928 v3. doc P25 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -5- 11231-0001 \:2075928v3.doc 5- 11231-0001\2075928v3.doc P26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 P27 Check No. Check Date Vendor Name City Fire Amount AP 00007032 05/10/2017 ALL CITY MANAGEMENT SERVICES INC. 31,952.01 0.00 31,952.01 AP 00007033 05/10/2017 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 11,440.00 0.00 11,440.00 AP 00007034 05/10/2017 RCCEA 1,797.50 0.00 1,79750 AP 00007035 05/10/2017 RCPFA 10,504.37 0.00 10.504.37 AP 00007036 05/10/2017 SAN BERNARDINO COUNTY 21.00 0.00 21.00 AP 00007037 05/10/2017 SAN BERNARDINO CTY SHERIFFS DEPT 642.00 0.00 642.00 AP 00007038 05/17/2017 CHAFFEY JOINT UNION HS DISTRICT 1,295.40 0.00 1.295.40 AP 00007039 05/17/2017 RE ASTORIA 2 LLC 82,655.13 0.00 82,655.13 AP 00007040 05/17/2017 RIVERSIDE, CITY OF 6,484.00 0.00 6,484.00 AP 00007041 05/17/2017 VARNEY, ANTHONY 0.00 70.00 70.00 AP 00007042 05/17/2017 WESTERN RENEWABLE ENERGY GENERATION INFO : 125.15 0.00 125.15 AP 00007043 05/24/2017 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 11,515.00 0.00 11,515.00 AP 00007044 05/24/2017 EXELON GENERATION CO. LLC. 153,494.00 0.00 153,494.00 AP 00007045 05/24/2017 MICHAEL, L. DENNIS 37.50 0.00 37.50 AP 00007046 05/24/2017 NORMAN A TRAUB ASSOCIATES 4,007.30 0.00 4.007.30 AP 00007047 05/24/2017 RCCEA 1,814.00 0.00 1.814.00 AP 00007048 05/24/2017 RCPFA 10,504.37 0.00 10,504.37 AP 00007049 05/24/2017 SAN BERNARDINO CTY SHERIFFS DEPT 3,015,905.66 0.00 3,015,905.66 AP 00007050 05/25/2017 AHUMADA, ALEXANDER R 0.00 651.52 651.52 AP 00007051 05/25/2017 ALMAND, LLOYD 0.00 651.52 651.52 AP 00007052 05/25/2017 BANTAU, VICTORIA 0.00 878.23 878.23 AP 00007053 05/25/2017 BAZAL, SUSAN 0.00 1,020.45 1,020.45 AP 00007054 05/25/2017 BELL, MICHAEL L. 0.00 1,303.76 1,303.76 AP 00007055 05/25/2017 BERRY, DAVID 0.00 1,019.78 1,019.78 AP 00007056 05/25/2017 BROCK, ROBIN 0.00 977.64 977.64 AP 00007057 05/25/2017 CAMPBELL, GERALD 0.00 746.37 746.37 AP 00007058 05/25/2017 CAMPBELL, STEVEN 0.00 1,407.17 1,407.17 AP 00007059 05/25/2017 CARNES, KENNETH 0.00 472.96 472.96 AP 00007060 05/25/2017 CLABBY, RICHARD 0.00 1,019.78 1,019.78 AP 00007061 05/25/2017 CORCORAN, ROBERT 0.00 587.88 587.88 AP 00007062 05/25/2017 COX, KARL 0.00 651.52 651.52 AP 00007063 05/25/2017 CRANE, RALPH 0.00 1,020.45 1,020.45 AP 00007064 05/25/2017 CROSSLAND, WILBUR 0.00 472.96 472.96 AP 00007065 05/25/2017 DAGUE, JAMES 0.00 1,303.76 1,303.76 AP 00007066 05/25/2017 DE ANTONIO, SUSAN 0.00 587.88 587.88 AP 00007067 05/25/2017 DEANS, JACKIE 0.00 630.69 630.69 AP 00007068 05/25/2017 DOMINICK, SAMUEL A. 0.00 977.64 977.64 AP 00007069 05/25/2017 EAGLESON, MICHAEL 0.00 1.303.76 1,303.76 AP 00007070 05/25/2017 EGGERS, BOB 0.00 1,733.29 1,733.29 AP 00007071 05/25/2017 FRITCHEY, JOHN D. 0.00 472.96 472.96 AP 00007072 05/25/2017 HEYDE, DONALD 0.00 1,303.76 1,303.76 AP 00007073 05/25/2017 INTERLICCHIA, ROSALYN 0.00 114.66 114.66 AP 00007074 05/25/2017 KILMER, STEPHEN 0.00 1,364.11 1,364.11 AP 00007075 05/25/2017 LANE, WILLIAM 0.00 1,303.76 1,303.76 AP 00007076 05/25/2017 LEE, ALLAN J. 0.00 1,300.86 1,300.86 AP 00007077 05/25/2017 LENZE, PAUL E 0.00 1.223.96 1,223.96 AP 00007078 05/25/2017 LONGO, JOE 0.00 172.48 172.48 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 05/30/2017 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date 00007079 00007080 00007081 00007082 00007083 00007084 00007085 00007086 00007087 00007088 00007089 00007090 00007091 00007092 00007093 00007094 00007095 00007096 00007097 00007098 00007099 00007100 00007101 00007102 00379707 00379708 00379709 00379710 00379711 00379712 00379713 00379714 00379715 00379716 00379717 00379718 00379719 00379720 00379721 00379722 00379723 00379724 00379725 00379726 00379727 00379728 00379729 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name LUTTRULL, DARRELL MACKALL, BEVERLY MAYFIELD, RON MCKEE, JOHN MCNEIL, KENNETH MICHAEL, L. DENNIS MORGAN, BYRON MYSKOW, DENNIS NAUMAN, MICHAEL NELSON, MARY JANE O'BRIEN, TOM PLOUNG, MICHAEL J POST, MICHAEL R PROULX, PATRICK ROEDER, JEFF SALISBURY, THOMAS SMITH, RONALD SPAGNOLO, SAM SPAIN, WILLIAM SULLIVAN, JAMES TAYLOR, STEVE TULEY, TERRY VANDERKALLEN, FRANCIS WALTON, KEVIN A AND R TIRE SERVICE A.Y. NURSERY INC. ABLE BUILDING MAINTENANCE ACEY DECY EQUIPMENT INC. ADAPT CONSULTING INC AFLAC GROUP INSURANCE AKRON BRASS COMPANY ALBERT A. WEBB ALBERT GROVER & ASSOCIATES AMTECH ELEVATOR SERVICES APPLIED METERING TECHNOLOGIES INC ARTISTIC RESOURCES CORPORATION ASSI SECURITY BELTRAN, OSBALDO ALVARADO BERLITZ BIG TOP RENTALS BMX FREESTYLE TEAM LLC BOISE MOBILE EQUIPMENT INC. BOOKE, CHRISTOPHER BOTACH INC. BRAUN BLAISING SMITH WYNNE P.C. BROADWAY OC INC. CVWD C1 Fire 0.00 472.96 0.00 445.89 0.00 1,389.38 0.00 651.52 0.00 651.52 0.00 977.64 0.00 2,317.74 0.00 1,019.78 0.00 472.96 0.00 172.48 0.00 1,733.29 0.00 579.26 0.00 1,628.59 0.00 1,733.29 0.00 1,303.76 0.00 651.52 0.00 472.96 0.00 472.96 0.00 746.37 0.00 472.96 0.00 1,629.55 0.00 1,303.76 0.00 1,064.00 0.00 1,364.11 1,761.10 0.00 1,422.30 0.00 3,091.96 0.00 854.54 0.00 0.00 1,023.29 64.47 0.00 0.00 5,346.43 2,434.00 0.00 2,960.00 0.00 771.20 0.00 21,583.58 0.00 121,280.27 0.00 7,136.25 0.00 246.45 0.00 110.00 0.00 4,529.96 0.00 1,275.00 0.00 0.00 235.41 1,045.00 0.00 2,504.00 0.00 2,068.45 0.00 1.000.00 0.00 214.00 264.87 P28 Amount 472.96 445.89 1,389.38 651.52 651.52 977.64 2.317.74 1,019.78 472.96 172.48 1,733.29 579.26 1.628.59 1.733.29 1.303.76 651.52 472.96 472.96 746.37 472.96 1,629.55 1,303.76 1.064.00 1.364.11 1.761.10 1.422.30 3,091.96 854.54 1.023.29 64.47 5.346.43 2.434.00 2.960.00 771.20 21.583.58 121,280.27 7,136.25 246.45 110.00 4,529.96 1.275.00 235.41 1,045.00 2,504.00 2,068.45 1,000.00 478.87 *** User: VLOPEZ - VERONICA LOPEZ Page: 2 Report: CK_AGENDA_REG_PO RTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379730 00379731 00379732 00379733 00379734 00379735 00379736 00379737 00379738 00379739 00379740 00379741 00379742 00379743 00379744 00379745 00379746 00379747 00379748 00379749 00379750 00379751 00379752 00379753 00379754 00379755 00379756 00379757 00379758 00379759 00379760 00379761 00379762 00379763 00379764 00379765 00379766 00379767 00379768 00379769 00379770 00379771 00379772 00379773 00379774 00379775 00379776 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name CVWD CAGLES APPLIANCE CAL PERS LONG TERM CARE CALAMP RADIO SATELLITE INTEGRATORS INC CALIFORNIA UTILITIES EMERGENCY ASSOC. CALIFORNIA, STATE OF CALIFORNIA, STATE OF CALIFORNIA, STATE OF CAPITAL ONE COMMERCIAL CATAPULT SYSTEMS CHAMPION AWARDS AND SPECIALTIES CHINO VALLEY FIRE DISTRICT CINTAS CORPORATION #150 CLASSE PARTY RENTALS CLEAR COAST CONSTRUCTION CLEARWATER GRAPHICS INC COMP U ZONE CONVERGEONE INC. COUSIN, DAVID CUSTOM MOUSE PADS D & D GOLF CARS INC. D AND K CONCRETE COMPANY D.P. DOOR CO. DAVIS, REMINGTON DELTA DENTAL DELTA DENTAL DERO DMV RENEWAL DP SOLUTIONS INC E GROUP, THE EIGHTH AVENUE ENTERPRISE LLC ELECNOR BELCO ELECTRIC INC ENTERSECT CORP ENVISIONWARE INC. EREDIA, PATRICIA MORGAN ERGON ASPHALT AND EMULSIONS ERICKSON HALL CONSTRUCTION FACTORY MOTOR PARTS FEDERAL EXPRESS CORP FIRST CLASS HEATING & AIR FLEET SERVICES INC. FLEETPRIDE FOOTHILL FAMILY SHELTER FORTIN LAW GROUP FRONTIER COMM GILMAN, JIM GOLDEN GATE STEEL INC P29 Fire Amount 3,121.36 403.64 0.00 36.09 286.21 0.00 61,678.00 9,659.60 500.00 0.00 8.44 0.00 100.00 0.00 60.00 0.00 0.00 182.56 19.20 0.00 71.12 0.00 0.00 675.00 0.00 279.83 4,245.86 0.00 4,881.89 4,881.89 5,028.86 0.00 85.00 0.00 4,036.59 0.00 325.00 0.00 107.22 0.00 743.48 0.00 2,130.22 0.00 689.60 0.00 78.18 0.00 1,415.44 0.00 41,143.07 0.00 4,713.62 0.00 0.00 10.00 3,391.00 0.00 450.00 0.00 595.64 0.00 76,118.75 0.00 79.00 0.00 1,885.63 0.00 840.00 0.00 253.30 0.00 0.00 112,411.41 0.00 893.78 166.03 0.00 205.34 0.00 0.00 201.33 0.00 66.78 2,500.00 0.00 4,414.66 0.00 2,205.47 0.00 400.00 0.00 66,863.39 0.00 3.525.00 *** 36.09 286.21 71.337.60 *** 500.00 8.44 100.00 60.00 182.56 19.20 71.12 675.00 279.83 4.245.86 9,763.78 *** 5,028.86 85.00 4,036.59 325.00 107.22 743.48 2,130.22 689.60 78.18 1,415.44 41.143.07 4,713.62 10.00 3,391.00 450.00 595.64 76,1 18.75 79.00 1.885.63 840.00 253.30 112,411.41 893.78 166.03 205.34 201.33 66.78 2,500.00 4,414.66 2,205.47 400.00 66,863.39 User: VLOPEZ - VERONICA LOPEZ Page: 3 Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379777 00379778 00379779 00379780 00379781 00379782 00379783 00379784 00379785 00379786 00379787 00379788 00379789 00379790 00379791 00379792 00379793 00379794 00379795 00379796 00379797 00379798 00379801 00379802 00379803 00379804 00379805 00379806 00379807 00379808 00379809 00379810 00379811 00379812 00379813 00379814 00379815 00379816 00379817 00379818 00379819 00379820 00379821 00379822 00379823 00379824 00379825 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name GOOD YEAR TIRE AND RUBBER CO. GRAPHICS FACTORY INC. GRIFFIN STRUCTURES INC GUNKEL, TERRENCE HEARTSAVERS LLC HMC ARCHITECTS HOUSE OF RUTH HOYT LUMBER CO., SM I A A P CALIFORNIA DIVISION INDUSTRIAL HARDWARE AND SERVICE CO INTERACTIVE DATA PRICING AND REFERENCE DATA JOHN BURR CYCLES INC JOHNNY ALLEN TENNIS ACADEMY JON'S FLAGS AND POLES JONES AND MAYER, LAW OFFICES OF KETTLE CREEK CORP KRIEGER, ED KVAC ENVIRONMENTAL SERVICES INC LAVIGNA, ROBERT J LIEBERT CASSIDY WHITMORE LIFE ASSIST INC LOS ANGELES ENGINEERING INC LOWES COMPANIES INC. LYN, FRED MAGIC SOLUTIONS INC MARK CHRISTOPHER INC MARQUEZ, EMMANUEL E MATANGA, JULIE EDWARD MC AVOY & MARKHAM MCMASTER CARR SUPPLY COMPANY MEDLEY FIRE PROTECTION INC MGT OF AMERICA INC MICHAEL BAKER INTERNATIONAL INC MIDWEST TAPE MINUTEMAN PRESS MIRION TECHNOLOGIES GDS INC MISSION REPROGRAPHICS MMASC MORRIS, KIMBERLY MUNISERVICES LLC MUNOZ, LUIS MUSICSTAR NAPA AUTO PARTS NEIUBER, ROBERT NUNEZ, LUCY ALVAREZ- OCLC INC ONTARIO ICE SKATING CENTER 1,306.87 42.02 22,618.80 162.00 120.00 0.00 691.78 0.00 150.00 56.03 126.87 1,548.25 4,391.40 0.00 6,128.00 12,845.60 300.00 4,326.15 1,036.00 2,470.11 0.00 165,712.97 8,368.05 15.06 545.00 0.00 162.00 255.00 2,061.28 995.05 450.04 12,000.00 9,450.00 1,047.94 368.27 164.68 5.39 85.00 190.41 1,000.00 81.95 3,513.60 0.00 10.00 27.60 53.53 1,579.20 Fire 0.00 0.00 0.00 0.00 0.00 13.498.93 0.00 39.86 0.00 0.00 0.00 0.00 0.00 357.08 0.00 0.00 0.00 0.00 0.00 4,190.11 1,636.63 0.00 817.12 0.00 0.00 1,547.53 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 304.40 0.00 0.00 0.00 0.00 P30 Amount 1,306.87 42.02 22.618.80 162.00 120.00 13,498.93 691.78 39.86 150.00 56.03 126.87 1,548.25 4,391.40 357.08 6,128.00 12,845.60 300.00 4,326.15 1,036.00 6,660.22 *** 1,636.63 165,712.97 9,185.17 *** 15.06 545.00 1,547.53 162.00 255.00 2,061.28 995.05 450.04 12,000.00 9,450.00 1.047.94 368.27 164.68 5.39 85.00 190.41 1,000.00 81.95 3,513.60 304.40 10.00 27.60 53.53 1,579.20 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_PO LOPEZ Page: 4 RTRAIT CONSOLIDATED - CK: Agenda Check Register Current Date: 05/30/2017 Portrait I. Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379826 00379827 00379828 00379829 00379830 00379831 00379832 00379833 00379834 00379835 00379836 00379837 00379838 00379839 00379840 00379841 00379842 00379843 00379844 00379845 00379846 00379847 00379848 00379849 00379850 00379851 00379852 00379853 00379854 00379855 00379856 00379857 00379858 00379859 00379860 00379865 00379866 00379867 00379868 00379869 00379870 00379871 00379872 00379873 00379874 00379875 00379876 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name ONTARIO WINNELSON CO PACHECO, ART PACIFIC PARKING SYSTEMS INC PACIFIC UTILITY INSTALLATION INC PALMER, MARIE FRANCES PH&S PRODUCTS LLC PRE -PAID LEGAL SERVICES INC PROMOTIONS TEES & MORE RANCHO CUCAMONGA QUAKES REHABWEST INC RICHARDS WATSON AND GERSHON RICOH USA RMP ROBINSON, PAUL ROYAL WHOLESALE ELECTRIC RUPP, TROY SAN BERNARDINO COUNTY SHERIFFS DEPT SAN BERNARDINO CTY SAN BERNARDINO CTY FIRE PROTECTION DISTRICT SAVANNAH ROSE CARRIAGES SBPEA SC FUELS SC FUELS SCHOLASTIC BOOK FAIRS SCMAF - INLAND VALLEYS SHEAKLEY PENSION ADMINISTRATION SHEAKLEY PENSION ADMINISTRATION SHERIFFS COURT SERVICES SIGN SHOP, THE SIGTRONICS CORPORATION SILVER & WRIGHT LLP SIMONE, DEAN SMARTLITE SMITH, THERESE SOURCE GRAPHICS SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHLAND SPORTS OFFICIALS STANDARD INSURANCE COMPANY SYSTEMS SOURCE INC TASSO, PHILLIP TAU PSY.D, MANNY THOMPSON PLUMBING SUPPLY INC TOLL, RICHARD TURNOUT MAINTENANCE COMPANY LLC ULINE CCi 220.89 1,045.00 252.10 150,455.00 145.97 0.00 96.59 0.00 12,340.00 576.94 70,797.17 775.14 350.00 39.88 4,983.90 706.25 5,576.00 0.00 55,143.75 450.00 970.78 0.00 0.00 473.80 1,225.00 0.00 330.70 446.95 80.82 0.00 10,698.50 1,000.00 545.00 91.08 147.88 27,308.35 489.46 1,541.85 276.00 16,932.35 4,679.58 176.40 157.05 342.65 0.00 0.00 259.69 Fire 0.00 0.00 0.00 0.00 0.00 3,270.00 0.00 1,066.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,806.77 0.00 0.00 0.00 9,456.43 947.76 0.00 0.00 155.95 0.00 0.00 0.00 266.46 0.00 0.00 0.00 0.00 0.00 1,451.33 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 270.00 1,383.61 0.00 P31 Amount 220.89 1,045.00 252.10 150,455.00 145.97 3,270.00 96.59 1,066.24 12.340.00 576.94 70,797.17 775.14 350.00 39.88 4,983.90 706.25 5,576.00 11,806.77 55,143.75 450.00 970.78 9,456.43 947.76 473.80 1,225.00 155.95 330.70 446.95 80.82 266.46 10,698.50 1.000.00 545.00 91.08 147.88 28,759.68 *** 489.46 1,541.85 276.00 16,932.35 4,679.58 176.40 157.05 342.65 270.00 1,383.61 259.69 User: VLOPEZ - VERONICA LOPEZ Page: 5 Report: CK_AGENDA_REG_PO RTRAIT_CONSOLIDATED - CK: Agenda Check Register Current Date: 05/30/2017 Portrait I Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379877 00379878 00379879 00379880 00379881 00379882 00379883 00379884 00379885 00379886 00379887 00379888 00379889 00379890 00379891 00379892 00379893 00379894 00379895 00379896 00379897 00379898 00379899 00379900 00379901 00379902 00379903 00379904 00379905 00379906 00379907 00379908 00379909 00379911 00379912 00379913 00379914 00379915 00379916 00379917 00379918 00379919 00379920 00379921 00379922 00379923 00379924 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/11/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name UNITED PACIFIC SERVICES INC UNITED SITE SERVICES OF CA INC UNITED WAY UPSCO POWERSAFE SYSTEMS INC VALLEY POWER SYSTEMS INC VANDERHAWK CONSULTING LLC VERIZON VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VIRTUAL PROJECT MANAGER INC VISION COMMUNICATIONS CO VIVERAE INC VORTEX INDUSTRIES INC WAINWRIGHT, JANICE RODGERS WALTERS WHOLESALE ELECTRIC CO WAXIE SANITARY SUPPLY WORD MILL PUBLISHING WORLD ELITE GYMNASTICS CLAREMONT GRADUATE UNIVERSITY CONVERGEONE INC. ABC LOCKSMITHS BAUER COMPRESSORS BIBLIOTHECA LLC BRODART BOOKS DUNN EDWARDS CORPORATION EMCOR SERVICE EWING IRRIGATION PRODUCTS FORD OF UPLAND INC GENERATOR SERVICES CO GRANICUS INC LEVEL 3 COMMUNICATIONS LLC LIMS AUTO INC OFFICE DEPOT ORKIN PEST CONTROL A AND R TIRE SERVICE ABLE BUILDING MAINTENANCE ADAPT CONSULTING INC ADINATA, MARINTAN ADOBE ANIMAL HOSPITAL ALBERT A. WEBB ALCORN, RICHARD ALL CITIES TOOLS ALLIANT INSURANCE SERVICES INC. ALLSTAR FIRE EQUIPMENT INC AMTECH ELEVATOR SERVICES ARCHIBALD PET HOSPITAL 8,924.00 240.78 131.00 4,500.00 0.00 10,778.67 22.02 60.12 182.75 101.09 500.00 180.00 1,233.60 0.00 1,664.00 763.89 0.00 800.00 112.00 2,990.00 45,864.69 22.63 0.00 2,577.90 164.86 215.88 4,486.69 762.00 8,449.93 0.00 4,144.96 5,291.57 1,545.93 7,770.20 303.00 1,479.80 15,195.49 972.57 400.00 150.00 4,500.00 25.00 0.00 643.00 0.00 165.00 50.00 P32 Fire Amount 0.00 0.00 0.00 0.00 677.45 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,805.98 0.00 0.00 1,661.45 0.00 0.00 0.00 0.00 0.00 504.10 0.00 0.00 0.00 430.00 0.00 0.00 1,998.22 0.00 0.00 0.00 648.64 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.35 0.00 2,120.24 0.00 0.00 8.924.00 240.78 131.00 4,500.00 677.45 10,778.67 22.02 60.12 182.75 101.09 500.00 180.00 1.233.60 1.805.98 1,664.00 763.89 1,661.45 800.00 112.00 2,990.00 45,864.69 22.63 504.10 2,577.90 164.86 215.88 4,916.69 762.00 8,449.93 1,998.22 4,144.96 5,291.57 1,545.93 8.418.84 303.00 1,479.80 15,195.49 972.57 400.00 150.00 4,500.00 25.00 311.35 643.00 2,120.24 165.00 50.00 *** User: VLOPEZ - VERONICA LOPEZ Page: 6 Report: CK_AGENDA_REG_PO Current Date: 05/30/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379925 00379926 00379927 00379928 00379929 00379930 00379931 00379932 00379933 00379934 00379938 00379939 00379940 00379941 00379942 00379943 00379944 00379945 00379946 00379947 00379948 00379949 00379950 00379951 00379952 00379953 00379954 00379955 00379956 00379957 00379958 00379959 00379960 00379961 00379962 00379963 00379964 00379965 00379966 00379967 00379968 00379969 00379970 00379971 00379972 00379973 00379975 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name ARCHITERRA DESIGN GROUP ART OF LIVING FOUNDATION ARTISTIC RESOURCES CORPORATION AT&T MOBILITY BiCOASTAL PRODUCTIONS BISHOP COMPANY BLACKMAN, HAILE BLANCO, ESPERANZA BRIGHTVIEW LANDSCAPE SERVICES INC. BSN SPORTS INC. CVWD CABLE INC. CALIFORNIA MUNICIPAL UTILITIES ASSOC CAMPBELL, LEITHELLA CAPITAL ONE COMMERCIAL CARQUEST AUTO PARTS CCAC CHAMPION AWARDS AND SPECIALTIES CHARLES ABBOTT ASSOCIATES INC. CHINO MOWER AND ENGINE SERVICE CINTAS CORPORATION #150 CLOUGHESY, DONALD CONCEPT POWDER COATING CONFIRE JPA COTTON, PAMELA CRIME SCENE STERI-CLEAN LLC D M CONTRACTING INC DANIELS TIRE SERVICE DEMCO INC DEPARTMENT OF CONSUMER AFFAIRS DEPARTMENT OF CONSUMER AFFAIRS DEPARTMENT OF FORESTRY AND FIRE PROTECTION DEPARTMENT OF JUSTICE DESERT MOUNTAIN SELPA DIAMOND ENVIRONMENTAL SERVICES DIETZ, RICHARD J DLIMAGING DOHRMAN CONSTRUCTION INC DRAMATISTS PLAY SERVICE INC. ENGLISH, DENISE EXPERIAN FACTORY MOTOR PARTS FAVELA, RICHARD FERNANDEZ, GWYNETH FLEET SERVICES INC. FORTIN LAW GROUP FRONTIER COMM City 0.00 72.00 48,512.11 0.00 5,250.00 251.77 2,000.00 448.12 100,861.19 254.46 60,410.53 1,274.00 1,385.64 36.64 553.53 0.00 200.00 86.20 4,070.00 488.55 8,804.05 0.00 935.00 0.00 240.00 540.00 149,976.53 0.00 162.43 115.00 115.00 0.00 3,095.00 250.00 288.50 41.01 4,827.58 5,000.00 59.70 500.00 52.00 0.00 60.00 67.64 0.00 17,466.70 9,862.10 P33 Fire Amount 145.50 0.00 0.00 84.00 0.00 0.00 0.00 0.00 0.00 0.00 190.06 0.00 0.00 0.00 0.00 101.06 0.00 0.00 0.00 0.00 23.58 390.00 0.00 210,426.33 0.00 0.00 0.00 2,773.33 0.00 0.00 0.00 248.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 219.31 0.00 0.00 100.74 0.00 3,138.48 145.50 72.00 48,512.11 84.00 5,250.00 251.77 2,000.00 448.12 100,861.19 254.46 60,600.59 *** 1,274.00 1,385.64 36.64 553.53 101.06 200.00 86.20 4,070.00 488.55 8,827.63 *** 390.00 935.00 210,426.33 240.00 540.00 149,976.53 2,773.33 162.43 115.00 115.00 248.00 3,095.00 250.00 288.50 41.01 4,827.58 5,000.00 59.70 500.00 52.00 219.31 60.00 67.64 100.74 17,466.70 13,000.58 *** User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 7 ORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00379976 00379977 00379978 00379979 00379980 00379981 00379982 00379983 00379984 00379985 00379986 00379987 00379988 00379989 00379990 00379991 00379992 00379993 00379994 00379995 00379996 00379997 00379998 00379999 00380000 00380001 00380002 00380003 00380004 00380005 00380006 00380007 00380008 00380009 00380010 00380011 00380012 00380013 00380014 00380015 00380016 00380017 00380018 00380019 00380020 00380021 00380022 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name GARCIA, VIVIAN GEOGRAPHICS GIRL SCOUTS OF GREATER LOS ANGELES GLOBALSTAR USA GOLDEN OAKS VET HOSPITAL GOOD YEAR TIRE AND RUBBER CO. GRAINGER GRAPHICS FACTORY INC. GRIFFIN, SANDY GUILLEN, VICTOR GUNTHER, DIANE HAHN, NANCY HARGIS, ILANY G. HDL COREN AND CONE HILLS PET NUTRITION SALES INC HOSE MAN INC HOYT LUMBER CO., SM HUGHES, CHRIS HUMANE SOCIETY OF SAN BERNARDINO VALLEY INC HUNTER, CHIANA ILLUMINATE EVENT SERVICES INDEPENDENT ROOFING CONSULTANTS INDERWIESCHE, MATT INGLETON, ANABELL INLAND EMPIRE TOURS AND TRANSPORTATION INLAND VALLEY COUNCIL OF CHURCHES IRON MOUNTAIN OSDP JOHN BURR CYCLES INC JRC HOUSING KARAMBELAS, DIMITRIOS I KIMBALL MIDWEST KOA CORPORATION KOGGE, MICHAEL LANGUAGE PLANET LARKIN, DAVID W LIFE ASSIST INC LIVE OAK DOG OBEDIENCE LORBEL INC LOS ANGELES ENGINEERING INC MAGELLAN ADVISORS LLC MARIPOSA LANDSCAPES INC MARK CHRISTOPHER INC MARTINEZ TOWING MCDERMOTT, SCOTT MCMASTER CARR SUPPLY COMPANY MILLS ENTERTAINMENT LLC MINUTEMAN PRESS Citv 36.00 3,794.83 250.00 83.69 150.00 491.66 313.53 355.58 0.00 50.00 275.00 625.00 175.00 4,200.00 908.21 0.00 0.00 404.57 100.00 200.00 600.00 3,000.00 1,224.00 8.84 983.00 2,500.00 793.58 5.15 4,765.00 1.15 74.22 11,840.00 275.00 1,107.00 0.00 0.00 702.00 19,884.62 165,712.97 5,275.00 23,292.88 0.00 135.00 71.95 1,689.41 22,320.00 2,262.40 P34 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 475.52 0.00 435.75 0.00 0.00 0.00 0.00 0.00 0.00 14.27 87.66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 270.00 4,013.13 0.00 0.00 0.00 0.00 0.00 163.28 0.00 0.00 0.00 0.00 0.00 36.00 3,794.83 250.00 83.69 150.00 491.66 789.05 *** 355.58 435.75 50.00 275.00 625.00 175.00 4.200.00 908.21 14.27 87.66 404.57 100.00 200.00 600.00 3,000.00 1,224.00 8.84 983.00 2,500.00 793.58 5.15 4,765.00 1.15 74.22 11,840.00 275.00 1.107.00 270.00 4,013.13 702.00 19,884.62 165.712.97 5,275.00 23,292.88 163.28 135.00 71.95 1,689.41 22,320.00 2,262.40 User: VLOPEZ - VERONICA Report: CK_AGENDA_REG_P LOPEZ Page: 8 ORTRAIT_ CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date 00380023 00380024 00380025 00380026 00380027 00380028 00380029 00380030 00380031 00380032 00380033 00380034 00380035 00380036 00380037 00380038 00380039 00380040 00380041 00380042 00380043 00380044 00380045 00380046 00380047 00380048 00380049 00380050 00380051 00380052 00380053 00380054 00380055 00380056 00380057 00380058 00380059 00380060 00380061 00380062 00380063 00380064 00380065 00380066 00380067 00380068 00380069 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name MITCHELL, REBECCA MORAN, AZALIA MOUNTAIN MOTOR SPORTS MOUNTAIN VIEW SMALL ENG REPAIR MUNICIPAL EMERGENCY SERVICES INC MUSIC AND THEATRE COMPANY LLC, THE NAPA AUTO PARTS NAVA, RUDY NEGRETTE, MIKE NEWCO DISTRIBUTORS INC NEWCOMB ANDERSON MCCORMICK INC NICHOLS, TIMOTHY NOVELTY PRINTING OCCUPATIONAL HEALTH CTRS OF CA ON DUTY ONTARIO SPAY AND NEUTER INC ONTRAC OPARC PACIFIC PREMIER BANK PERRY, ANDRAE PERRY, VERONICA PETERMAN LUMBER INC PIT STOP EMBROIDERY AND SCREEN PRINT POWEREX CORP PRESCHER, MICHAEL PRESENTATION MEDIA INC PRINCIPLES CONTRACTING INC PSA PRINT GROUP R AND R AUTOMOTIVE R3 CONSULTING GROUP INC RANCHO CUCAMONGA HIGH SCHOOL RBM LOCK AND KEY SERVICE RC CONSTRUCTION SERVICES INC RESOURCE BUILDING MATERIALS REYES, ANTHONY RJM DESIGN GROUP INC ROYAL WHOLESALE ELECTRIC SALAZAR, MIRANDA SAN BERNARDINO SHERIFFS DEPT SBCTOA SC FUELS SC FUELS SC FUELS SCOTT, APRIL SECRET PLAN STUDIOS LLC SHRED IT USA LLC SITEONE LANDSCAPE SUPPLY LLC P35 Cit Fire Amount 52.69 0.00 52.69 1,000.00 0.00 1,000.00 1,878.63 0.00 1,878.63 107.71 0.00 107.71 0.00 5,377.26 5,377.26 5,000.00 0.00 5,000.00 0.00 13.82 13.82 64.71 0.00 64.71 200.00 0.00 200.00 439.08 0.00 439.08 1,659.00 1,106.00 2,765.00 *** 500.00 0.00 500.00 211.19 0.00 211.19 79.00 0.00 79.00 0.00 1,488.11 1,488.11 1,375.00 0.00 1,375.00 57.74 0.00 57.74 396.00 0.00 396.00 0.00 31.943.18 31,943.18 3.11 0.00 3.11 74.70 0.00 74.70 832.77 0.00 832.77 0.00 1,138.43 1,138.43 20,520.47 0.00 20,520.47 3,236.00 0.00 3,236.00 14,213.42 0.00 14,213.42 6,349.80 0.00 6,349.80 2,270.83 0.00 2,270.83 494.06 0.00 494.06 4,500.00 0.00 4,500.00 250.00 0.00 250.00 38.68 0.00 38.68 0.00 606,920.33 606,920.33 1,892.46 0.00 1,892.46 56.16 0.00 56.16 23,166.25 0.00 23,166.25 2,100.38 3,082.94 5,183.32 *** 249.64 0.00 249.64 0.00 220.00 220.00 0.00 50.00 50.00 19,177.08 0.00 19,177.08 0.00 6,919.02 6,919.02 0.00 771.73 771.73 513.00 0.00 513.00 500.00 0.00 500.00 166.00 0.00 166.00 340.21 511.40 851.61 *** User: VLOPEZ - VERONICA LOPEZ Page: 9 Report: CK_AGENDA_REG_PO Current Date: 05/30/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380070 00380071 00380072 00380076 00380077 00380078 00380079 00380080 00380081 00380082 00380083 00380084 00380085 00380086 00380087 00380088 00380089 00380090 00380091 00380092 00380093 00380094 00380095 00380096 00380097 00380098 00380099 00380100 00380101 00380102 00380103 00380104 00380105 00380106 00380107 00380108 00380109 00380110 00380111 00380112 00380113 00380115 00380116 00380117 00380118 00380119 00380120 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/17/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/18/2017 05/22/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name SMITH, MICHAEL C SONETICS CORPORATION SOUTH COAST AQMD SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SPRINT STERLING COFFEE SERVICE STOVER, JEFF SYN -TECH SYSTEMS TERRA VISTA ANIMAL HOSPITAL THE COUNSELING TEAM INTERNATIONAL THOMPSON PLUMBING SUPPLY INC UNITED PACIFIC SERVICES INC UPS VALLEY POWER SYSTEMS INC VERA, CARA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VERIZON WIRELESS - LA VISION SERVICE PLAN CA VORTEX INDUSTRIES INC WALTERS WHOLESALE ELECTRIC CO WATERS, VICTOR WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WILLIAMS, CRYSTAL WINZER CORPORATION WRAY, JUSTIN ABC LOCKSMITHS AGILINE LLC AIRGAS USA LLC DUNN EDWARDS CORPORATION EMCOR SERVICE EWING IRRIGATION PRODUCTS HOLLIDAY ROCK CO INC INLAND VALLEY DAILY BULLETIN KME FIRE APPARATUS OFFICE DEPOT ORKIN PEST CONTROL SUNRISE FORD VISTA PAINT CALIFORNIA BOARD OF EQUALIZATION, STATE OF A & M FIRST AID INC P36 C Fire Amount 514.56 0.00 0.00 25,286.62 168,459.68 693.30 7,917.94 0.00 1,762.02 6,500.00 0.00 50.00 0.00 180.37 12,699.00 285.22 0.00 24.00 573.15 10.78 118.18 5,149.07 0.00 11,143.70 0.00 968.69 81.15 3,066.74 0.00 111.02 0.00 90.75 1,373.36 2,920.00 0.00 469.89 28,911.00 5,973.02 1,827.56 6,747.56 0.00 4,977.83 657.16 454.10 650.69 2,478.89 538.76 0.00 188.57 627.35 0.00 0.00 0.00 0.00 131.97 0.00 0.00 147,940.25 0.00 690.00 0.00 0.00 0.00 1,224.29 0.00 0.00 0.00 0.00 0.00 2,988.18 0.00 5.734.13 0.00 0.00 1,539.70 2,655.50 0.00 68.12 0.00 0.00 0.00 269.70 0.00 0.00 0.00 0.00 0.00 646.50 1,507.04 564.00 0.00 0.00 1,001.92 0.00 514.56 188.57 627.35 25.286.62 168,459.68 693.30 7.917.94 131.97 1,762.02 6.500.00 147.940.25 50.00 690.00 180.37 12,699.00 285.22 1,224.29 24.00 573.15 10.78 118.18 5,149.07 2,988.18 11,143.70 5,734.13 968.69 81.15 4.606.44 *** 2,655.50 111.02 68.12 90.75 1,373.36 2,920.00 269.70 469.89 28,91 1.00 5.973.02 1,827.56 6,747.56 646.50 6.484.87 *** 1,221.16 *** 454.10 650.69 3.480.81 *** 538.76 User: VLOPEZ - VERONICA LOPEZ Page: 10 Report: CK_AGENDA_REG_PO RTRAIT_CONSOLIDATED - CK: Agenda Check Register Current Date: 05/30/2017 Portrait I Time: 13:12:49 Check No. Check Date 00380121 00380122 00380123 00380124 00380125 00380126 00380127 00380128 00380129 00380130 00380131 00380132 00380133 00380134 00380135 00380136 00380137 00380138 00380141 00380142 00380143 00380144 00380145 00380146 00380147 00380148 00380149 00380150 00380151 00380152 00380153 00380154 00380155 00380156 00380157 00380158 00380159 00380160 00380161 00380162 00380163 00380164 00380165 00380166 00380167 00380168 00380169 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name A AND R TIRE SERVICE A'JONTUE, ROSE ANN AAA ELECTRIC MOTOR SALES ABLE BUILDING MAINTENANCE AFLAC GROUP INSURANCE ALL CITIES TOOLS ALL WELDING ALLIANT INSURANCE SERVICES INC. ALLSTAR FIRE EQUIPMENT INC ALTA VISTA MOBILE HOME PARK ARLET, MARY AROCHO, ALMA AT&T AUSTIN, ALEJANDRA AUTO AND RV SPECIALISTS INC. BERNELL HYDRAULICS INC BOLTON, HEATHER BRIGHTVIEW LANDSCAPE SERVICES INC. CV WD CA LLC - DBA ALTA LAGUNA MHP CAL PERS CAL PERS LONG TERM CARE CALIFORNIA SHOPPING CART RETRIEVAL CORP CALIFORNIA, STATE OF CALIFORNIA, STATE OF CALIFORNIA, STATE OF CAMERON WELDING SUPPLY CARQUEST AUTO PARTS CARTY, DIANE CASA VOLANTE MOBILE HOME PARK CASTILLO, FRANCISCO CDW GOVERNMENT INC. CHAPARRAL HEIGHTS MOBILE HOME PARK CHARTER COMMUNICATIONS CHU, MICHAEL CINTAS CORPORATION #150 CITY RENTALS CLARK, KAREN CLIENT FIRST CONSULTING GROUP CLOUGHERTY, JOHN FRANCIS COMBINED MARTIAL SCIENCE INC CONCEPT POWDER COATING CORODATA MEDIA STORAGE INC CROP PRODUCTION SERVICES INC CRUZ, MOLINA D AND K CONCRETE COMPANY DANCE TERRIFIC CCi 266.07 1,248.80 253.44 40,290.73 64.47 0.00 1,014.00 558.00 0.00 600.00 43.58 1,332.00 470.71 77.81 71.07 886.02 288.20 26,242.05 41,124.71 900.00 137,259.99 286.21 85.00 60.00 8.44 100.00 72.96 178.26 390.00 900.00 540.00 2,406.28 700.00 11,108.54 445.20 0.00 2,735.25 1,143.00 5,680.00 275.00 4,644.00 220.00 1,054.75 2,724.29 105.82 2,964.21 2,468.20 Fire 0.00 0.00 0.00 0.00 0.00 188.02 0.00 0.00 4,748.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 411.73 0.00 7,881.24 0.00 0.00 0.00 0.00 0.00 0.00 21.49 0.00 0.00 0.00 0.00 0.00 692.75 0.00 984.79 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P37 Amount 266.07 1,248.80 253.44 40,290.73 64.47 188.02 1,014.00 558.00 4,748.40 600.00 43.58 1,332.00 470.71 77.81 71.07 886.02 288.20 26,242.05 41,536.44 *** 900.00 145,141.23 *** 286.21 85.00 60.00 8.44 100.00 72.96 199.75 *** 390.00 900.00 540.00 2.406.28 700.00 11,801.29 *** 445.20 984.79 2,735.25 1,143.00 5,680.00 275.00 4,644.00 220.00 1,054.75 2,724.29 105.82 2,964.21 2,468.20 User: VLOPEZ - VERONICA LOPEZ Page: 11 Report: CK_AGENDA_REG_PO RTRAIT__CONSOLIDATED - CK: Agenda Check Register Portrait I Current Date: 05/30/2017 Time: 13:12:49 Check No. Check Date AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP 00380170 00380171 00380172 00380173 00380174 00380175 00380176 00380177 00380178 00380179 00380180 00380181 00380182 00380183 00380184 00380185 00380186 00380187 00380188 00380189 00380190 00380191 00380192 00380193 00380194 00380195 00380196 00380197 00380198 00380199 00380200 00380201 00380202 00380203 00380204 00380205 00380206 00380207 00380208 00380209 00380210 00380211 00380212 00380213 00380214 00380215 00380216 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name DMV RENEWAL DOLAN, JULIE DOLLARHIDE, GINGER DUGMORE & DUNCAN INC. DUMBELL MAN FITNESS EQUIPMENT, THE DUNN, ANN MARIE EASTERLING, RAY EDWARD PROFESSIONAL ADVISORS ELECNOR BELCO ELECTRIC INC EMPLOYMENT DEVELOPMENT DEPT. EMPLOYMENT DEVELOPMENT DEPT. ENVISIONWARE INC. EXECUTIVE AUTO DETAIL EXPRESS BRAKE SUPPLY FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP FEDERAL SIGNAL CORPORATION FELICIANO, GASPAR ANTHONY FIRST CLASS HEATING & AIR FISHER SCIENTIFIC CO LLC FLAG SYSTEMS INC. FLEET SERVICES INC. FLEETPRIDE FOOTHILL CHAPTER OF ICC FOOTHILL MOBILE MANOR FRONTIER COMM GATES, THERESA GEORGE HILLS COMPANY GILLISON, JOHN GIORDANO, MARIANNA GOLDEN STATE RISK MANAGEMENT AUTHORITY GONSALVES AND SON,JOE A GOOD YEAR TIRE AND RUBBER CO. GRAINGER GRIFFIN STRUCTURES INC GRIMCO GROVE LUMBER HAAKER EQUIPMENT CO HAMILTON, MONIQUE HAMPTON YOGA HAN, ZHIMING HEARTSAVERS LLC HEILIG, KELLY HEPNER, MIREYA HI WAY SAFETY INC HINDERLITER DE LLAMAS AND ASSOCIATES 156.00 525.00 132.00 612.56 150.00 701.40 333.60 1,725.00 188,599.22 0.00 13,097.00 2,430.73 1,040.00 754.13 28.08 22.77 11.20 0.00 240.00 903.91 286.27 204.73 0.00 0.00 50.00 400.00 3,613.74 34.50 1,728.50 61.56 357.60 99,119.00 3,045.00 0.00 4,115.84 24,451.90 6,074.96 96.65 48.08 960.00 852.00 520.00 80.00 480.00 450.00 295.43 17,992.64 P38 Fire Amount 0.00 156.00 0.00 525.00 0.00 132.00 0.00 612.56 0.00 150.00 0.00 701.40 0.00 333.60 0.00 1,725.00 0.00 188,599.22 620.00 620.00 0.00 13,097.00 0.00 2,430.73 0.00 1,040.00 0.00 754.13 0.00 28.08 0.00 22.77 0.00 11.20 212.10 212.10 0.00 240.00 0.00 903.91 0.00 286.27 0.00 204.73 76.72 76.72 66.78 66.78 0.00 50.00 0.00 400.00 722.86 4,336.60 *** 0.00 34.50 0.00 1.728.50 0.00 61.56 0.00 357.60 1,306.00 100,425.00 *** 0.00 3.045.00 504.07 504.07 0.00 4,115.84 0.00 24,451.90 0.00 6,074.96 0.00 96.65 0.00 48.08 0.00 960.00 0.00 852.00 0.00 520.00 0.00 80.00 0.00 480.00 0.00 450.00 0.00 295.43 0.00 17.992.64 User: VLOPEZ - VERONICA LOPEZ Page: 12 Current Date: 05/30/2017 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date 00380217 00380218 00380219 00380220 00380221 00380222 00380223 00380224 00380225 00380226 00380227 00380228 00380229 00380230 00380231 00380232 00380233 00380234 00380235 00380236 00380237 00380238 00380239 00380240 00380241 00380242 00380243 00380244 00380245 00380246 00380247 00380248 00380249 00380250 00380251 00380252 00380253 00380254 00380255 00380256 00380257 00380258 00380259 00380260 00380261 00380262 00380263 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name HOLLAND, BRANDIE HOME DEPOT CREDIT SERVICES 645 HOMETOWN AMERICA RAMONA VILLA HORIZONS CONSTRUCTION COMPANY INTERNATIOIT HOSE MAN INC HOTTINGER, HEATHER HOYT LUMBER CO., SM HUB CONSTRUCTION SPECIALTIES INC HUDSON AUDIO WORKS HUNTINGTON HARDWARE HYDRO TEK SYSTEMS INC IDEAL GLASS TINTING IMPRESSIONS GOURMET CATERING INLAND FAIR HOUSING AND MEDIATION BOARD INLAND PRESORT & MAILING SERVICES INLAND TOP SOIL MIXES INLAND VALLEY DANCE ACADEMY JOHNNY ALLEN TENNIS ACADEMY JRC HOUSING JRC HOUSING JRC HOUSING JRC HOUSING JRC HOUSING K -K WOODWORKING KALBAN INC KEITH, JORRY KEMLE, ALEJANDRA LATREACE, RAINEY LEE, DIANNA LENOVO (UNITED STATES) INC. LIN, LIN LITTLE BEAR PRODUCTIONS LIVE OAK DOG OBEDIENCE LOS ANGELES FREIGHTLINER LU'S LIGHTHOUSE INC MALL SIGNS & SERVICE MARIPOSA LANDSCAPES INC MARK CHRISTOPHER INC MARSHALL, SYLVIA MARTINEZ TOWING MC AVOY & MARKHAM MCMASTER CARR SUPPLY COMPANY MEDLEY FIRE PROTECTION INC MICHAEL BAKER INTERNATIONAL INC MIDWEST TAPE MILLER, JOSEPH MINUTEMAN PRESS P39 C Fire Amount 72.00 1,794.42 1,000.00 0.00 1,078.62 630.00 0.00 142.55 2,800.00 638.49 96.57 550.00 770.41 1,364.45 240.74 1,165.05 5,073.00 1,065.00 4,180.00 350.00 3,995.00 1,495.00 1,895.00 43.06 19,950.95 283.20 500.00 368.00 97.65 179.27 348.39 1,275.00 624.00 943.13 0.00 49.00 6,144.00 627.21 1,404.00 45.00 5,883.15 218.22 3,348.59 8,400.00 3,355.55 1,000.00 476.57 0.00 72.00 0.00 1.794.42 0.00 1.000.00 193,135.00 193,135.00 0.00 1,078.62 0.00 630.00 36.99 36.99 0.00 142.55 0.00 2.800.00 0.00 638.49 0.00 96.57 0.00 550.00 0.00 770.41 0.00 1,364.45 0.00 240.74 0.00 1,165.05 0.00 5,073.00 0.00 1,065.00 0.00 4,180.00 0.00 350.00 0.00 3,995.00 0.00 1,495.00 0.00 1,895.00 0.00 43.06 0.00 19,950.95 0.00 283.20 0.00 500.00 0.00 368.00 0.00 97.65 0.00 179.27 0.00 348.39 0.00 1,275.00 0.00 624.00 0.00 943.13 54.65 54.65 0.00 49.00 0.00 6,144.00 0.00 627.21 0.00 1,404.00 0.00 45.00 0.00 5,883.15 0.00 218.22 0.00 3,348.59 0.00 8,400.00 0.00 3,355.55 0.00 1,000.00 0.00 476.57 User: VLOPEZ - VERONICA LOPEZ Page: 13 Report: CK_AGENDA_REG_PO Current Date: 05/30/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 P40 Check No. Check Date Vendor Name City Fire Amount AP 00380264 05/24/2017 MOE, JOHN 280.00 0.00 280.00 AP 00380265 05/24/2017 MONAE, GIA 1,195.72 0.00 1,195.72 AP 00380266 05/24/2017 MORRIS, RICHARD 162.00 0.00 162.00 AP 00380267 05/24/2017 MORRISON SPORTS LLC 10,101.00 0.00 10,101.00 AP 00380268 05/24/2017 MOUNTAIN VIEW INLAND POOL SUPPLY & REPAIR 6.41 0.00 6.41 AP 00380269 05/24/2017 MOUNTAIN VIEW SMALL ENG REPAIR 769.76 0.00 769.76 AP 00380270 05/24/2017 MUNICIPAL EQUIPMENT MAINTENANCE ASSOCIATIC 275.00 0.00 275.00 AP 00380271 05/24/2017 MUSIC THEATRE INTERNATIONAL 5,365.17 0.00 5.365.17 AP 00380272 05/24/2017 NAPA AUTO PARTS 2.26 392.47 394.73 AP 00380273 05/24/2017 NATIONAL CNG & FLEET SERVICE 175.91 0.00 175.91 AP 00380274 05/24/2017 NBS 570.00 0.00 570.00 AP 00380275 05/24/2017 NEOPOST-4715 - FIRST DATA REMITCO 10,000.00 0.00 10,000.00 AP 00380276 05/24/2017 NG, BILLY 47.99 0.00 47.99 AP 00380277 05/24/2017 NIMAKO, SOLOMON 1,172.39 0.00 1,172.39 AP 00380278 05/24/2017 OCCUPATIONAL HEALTH CTRS OF CA 1,899.50 122.50 2,022.00 AP 00380279 05/24/2017 ONTARIO WINNELSON CO 669.04 0.00 669.04 AP 00380280 05/24/2017 ONTRAC 35.83 0.00 35.83 AP 00380281 05/24/2017 ONWARD ENGINEERING 17,329.00 507.00 17,836.00 AP 00380282 05/24/2017 ORONA, PATRICIA 630.00 0.00 630.00 AP 00380283 05/24/2017 ORTIZ, AVIANCA 23.75 0.00 23.75 AP 00380284 05/24/2017 OTT, LAURA 615.00 0.00 615.00 AP 00380285 05/24/2017 OTT, SHARON 612.00 0.00 612.00 AP 00380286 05/24/2017 PACIFIC YOUTH SPORTS 2,418.00 0.00 2,418.00 AP 00380287 05/24/2017 PACK, JARED 69.96 0.00 69.96 AP 00380288 05/24/2017 PARS 3,500.00 0.00 3,500.00 AP 00380289 05/24/2017 PASHA MANAGEMENT 34.01 0.00 34.01 AP 00380290 05/24/2017 PATISH, GRIGORIY 61.40 0.00 61.40 AP 00380291 05/24/2017 PETES ROAD SERVICE INC 387.01 0.00 387.01 AP 00380292 05/24/2017 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00380293 05/24/2017 POWER PLAY YOUTH ATHLETICS 1,071.00 0.00 1.071.00 AP 00380294 05/24/2017 PRE -PAID LEGAL SERVICES INC 96.59 0.00 96.59 AP 00380295 05/24/2017 PRECISION GYMNASTICS 2,740.50 0.00 2,740.50 AP 00380296 05/24/2017 PRISTINE UNIFORMS LLC 267.18 0.00 267.18 AP 00380297 05/24/2017 PROGISTICS DISTRIBUTION 49.79 0.00 49.79 AP 00380298 05/24/2017 PSA PRINT GROUP 0.00 116.37 116.37 AP 00380299 05/24/2017 PUBLIC TECHNOLOGY INSTITUTE 3,300.00 0.00 3.300.00 AP 00380300 05/24/2017 QI, HONGGANG 336.00 0.00 336.00 AP 00380301 05/24/2017 RBM LOCK AND KEY SERVICE 7.54 0.00 7.54 AP 00380302 05/24/2017 RC PHOTO CLUB INC 464.00 0.00 464.00 AP 00380303 05/24/2017 REALTY MASTERS & ASSOCIATES 100.00 0.00 100.00 AP 00380304 05/24/2017 RIGLEMAN, ENCARNACION ONTIVEROS 120.00 0.00 120.00 AP 00380305 05/24/2017 RODRIGUEZ INC, RY 1,563.31 0.00 1,563.31 AP 00380306 05/24/2017 ROTO ROOTER 377.35 0.00 377.35 AP 00380307 05/24/2017 ROYAL WHOLESALE ELECTRIC 577.04 0.00 577.04 AP 00380308 05/24/2017 SABIO, KINI 811.20 0.00 811.20 AP 00380309 05/24/2017 SAFE KIDS WORLDWIDE 50.00 0.00 50.00 AP 00380310 05/24/2017 SAMUEL FRENCH INC 750.00 0.00 750.00 User: VLOPEZ - VERONICA LOPEZ Page: 14 Current Date: 05/30/2017 Report: CK_AGENDA_REG PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 Check No. Check Date 00380311 00380312 00380313 00380314 00380315 00380316 00380317 00380318 00380319 00380320 00380327 00380328 00380329 00380330 00380331 00380332 00380333 00380334 00380335 00380336 00380337 00380338 00380339 00380340 00380341 00380342 00380343 00380344 00380345 00380346 00380347 00380348 00380349 00380350 00380351 00380352 00380353 00380354 00380355 00380356 00380359 00380360 00380361 00380362 00380363 00380364 00380365 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/24/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Vendor Name SAN BERNARDINO CTY SAN BERNARDINO CTY SASSY FASHION OF RANCHO CUCAMONGA SBPEA SENECHAL, CALVIN SHERIFFS COURT SERVICES SIGN SHOP, THE SITEONE LANDSCAPE SUPPLY LLC SO CALIF GAS COMPANY SONSRAY MACHINERY LLC SOUTHERN CALIFORNIA EDISON SPARKLETTS SPINITAR STORAGE CONTAINER.COM SWARTZ, ALAN SYCAMORE VILLA MOBILE HOME PARK SYSCO LOS ANGELES INC THOMPSON PLUMBING SUPPLY INC TICKETS.COM TRACEY, VAL TYUS, IDA U.S. BANK PARS ACCT 46746022500 U.S. BANK PARS ACCT 46746022500 UNDERGROUND SVC ALERT OF SO CAL UNIQUE MANAGEMENT SERVICES INC UNITED SITE SERVICES OF CA INC UNITED WAY UNIVERSAL MARTIAL ARTS CENTERS UPLAND ANIMAL HOSPITAL UPS UTILIQUEST VANDERHAWK CONSULTING LLC VERIZON BUSINESS VICTOR MEDICAL COMPANY VORTEX INDUSTRIES INC WAXIE SANITARY SUPPLY WEST COAST LIGHTS & SIRENS WEST END MATERIAL SUPPLY WHITE CAP CONSTRUCTION SUPPLY WHITESIDE, ROBERT XEROX CORPORATION ZOETIS US LLC ZONES CORPORATE SOLUTIONS CURATALO, JAMES LONCAR, PHILIP TOWNSEND, JAMES WALKER, KENNETH 15,573.18 15,573.18 405.82 970.41 532.20 446.95 63.06 60.17 21.89 820.28 10,747.42 41.20 1,522.50 203.50 135.00 400.00 883.00 765.30 727.22 72.00 54.00 583.95 9,567.45 192.00 649.12 229.98 131.00 1,302.00 50.00 166.11 1,897.69 9,480.43 99.14 10,646.05 0.00 3,041.84 0.00 109.14 511.26 574.94 9,790.63 2,260.02 0.00 0.00 0.00 0.00 0.00 P41 Fire Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 356.92 0.00 2,246.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 724.70 2,219.17 398.49 0.00 0.00 0.00 437.07 0.00 4,402.94 1,733.29 1,019.78 1,733.29 261.76 15.573.18 15.573.18 405.82 970.41 532.20 446.95 63.06 60.17 378.81 820.28 12,993.69 41.20 1.522.50 203.50 135.00 400.00 883.00 765.30 727.22 72.00 54.00 583.95 9,567.45 192.00 649.12 229.98 131.00 1,302.00 50.00 166.11 1.897.69 9.480.43 99.14 10.646.05 724.70 5,261.01 398.49 109.14 511.26 574.94 10,227.70 2.260.02 4,402.94 1,733.29 1,019.78 1,733.29 261.76 *** *** *** User: VLOPEZ - VERONICA LOPEZ Page: 15 Report: CK_AGENDA_REG_PO Current Date: 05/30/2017 RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/9/2017 through 5/29/2017 Check No. Check Date Vendor Name AP 00380366 05/25/2017 AP 00380367 05/25/2017 AP 00380368 05/25/2017 AP 00380370 05/25/2017 AP 00380371 05/25/2017 AP 00380372 05/25/2017 AP 00380373 05/25/2017 AP 00380374 05/25/2017 AP 00380375 05/25/2017 AP 00380376 05/25/2017 AP 00380377 05/25/2017 AP 00380378 05/25/2017 AP 00380379 05/25/2017 AP 00380380 05/25/2017 AP 00380381 05/25/2017 AP 00380382 05/25/2017 Note: YOWELL, TIMOTHY A ABC LOCKSMITHS AIRGAS USA LLC BRODART BOOKS CALSENSE EMCOR SERVICE FORD OF UPLAND INC GENERATOR SERVICES CO HOLLIDAY ROCK CO INC INLAND VALLEY DAILY BULLETIN INTERSTATE BATTERIES LANDCARE USA LLC LIMS AUTO INC OFFICE DEPOT ORKIN PEST CONTROL SUNRISE FORD *** Check Number includes both City and Fire District expenditures 0.00 1 18.87 7,271.68 5,147.99 2,368.25 9,252.00 354.63 592.08 946.59 940.00 0.00 48,971.63 180.53 2,872.37 1 665.00 846.49 Total City: Total Fire: Grand Total: P42 Fire Amount ,389.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 372.17 0.00 0.00 ,037.04 0.00 0.00 1.389.38 18.87 7.271.68 5,147.99 2.368.25 9,252.00 354.63 592.08 946.59 940.00 372.17 48,971.63 180.53 3.909.41 665.00 846.49 $6,730,766.68 $1,531,423.00 $8,262,189.68 User: VLOPEZ - VERONICA LOPEZ Page: 16 Current Date: 05/30/2017 Report: CK_AGENDA__REG_PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 13:12:49 P43 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa C. Cox, Deputy City Manager / Acting Community Services Directs P Celeste Medrano, Community Services Supervisor SUBJECT: CONSIDERATION TO APPROVE THE PROPOSED 2017/2018 FALUWINTER FIELD ALLOCATION RECOMMENDATIONS FOR ALL CITY BASED SPORTS ADVISORY COMMITTEE YOUTH SPORTS GROUPS USE DURING JULY 31, 2017 THROUGH JANUARY 27, 2018. RECOMMENDATION: Staff recommends that the City Council approve the proposed 2017/2018 Fall/Winter Field Allocation recommendations for all City based Sports Advisory Committee youth sports groups use during July 31, 2017 through January 27, 2018. BACKGROUND: Every six months, staff accepts field requests for school and City fields from the Youth Sports Advisory organizations. The Sports Advisory groups submitted their requests for the Fall/Winter 2017/2018 field allocations during the March 14, 2017 meeting. At the April 11, 2017 Sports Advisory Committee meeting, staff presented their recommendations for the 2017/2018 Fall/Winter Field Allocation. The Sports Advisory Committee reviewed and approved the recommendations. ANALYSIS: During this allocation period there were a couple of notable changes in some of the organizations' residency rates. Upward Bound Sports residency was 70% for the 2016/2017 Fall/Winter allocation. Upward Bound did not meet the required minimum residency rate of 80%. The Upward Bound Sports representative mentioned they would improve and monitor registration this next year to insure that their registration meets the required residency rate. They verbally made a commitment that this would be corrected prior to the next allocation period. Pop Warner was another organization that did not meet the required residency rate, and the Pop Warner representative shared that since they are on the border of Rancho Cucamonga and Fontana, they have a lot of non-residents; however, those non-residents attend school in a Rancho Cucamonga School District. The Pop Warner Representative is continuously working on improving the resident percentage rate. The Sports Advisory Committee has reviewed and approved staff's recommendations for the Fall/Winter 2017/2018 allocation period. Page 1 of 2 FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: Not applicable. P44 ATTACHMENTS: Attachment 1 — 2017/2018 Field Allocation Packet Page 2of2 2017/2018 FALL/WINTER SPORTS FIELDS ALLOCATIONS 2017/2018 FALL/WINTER SPORTS FIELDS ALLOCATION Reviewed and Approved by Sports Advisory Committee on April 11, 2017 Reviewed and Approved by Park & Recreation Commission on April 20, 2017 Fall/Winter Allocations: 7/31/17 — 1/27/18 Below is a listing of organizations, the number of participants and the fields proposed per organization. Field recommendations are categorized by primary field use by that organization. Those categories are Soccer and Football field users, 60' and 70' softball/baseball diamond users, and 80' and 90' baseball diamond users. Listed participation levels only relate to the users of that particular category. These recommendations are for City youth sports activities including Park and Recreation Commission approved non -City sponsored sports organizations that have submitted sports field request forms. The priorities considered for non-profit sports groups were: 1) In - season vs. out -of -season, 2) 2016/17 Fall/Winter participation levels, 3) Fields requested, 4) Available parking, and 5) Appropriate field use. ORGANIZATION ORGANIZATIONS (2016/2017 Fall/Winter Figures) # OF 15/16 16/17 TEAMS PARTICIPANTS RESIDENTS NON -RES. RES.% RES.% 1. AYSO 2. R.C. Pop Warner 3. JAAF Warriors 4. RC ACE Softball 5. Upward Bound Sports 6. Winterball- Dist. 71 Citrus L.L. (15) Deer Canyon L.L. (13) Vineyard L.L. (18) Alta Loma L.L. (9) Rancho L.L. (14) 2,991 (dn 254 142) 10 240 (up 34) 6 117 (dn 19) 36 437 (dn 21) 42 479 (up 19) 69 646 (dn 100) 144 (dn 16) 2,404 587 81% 80% 175 65 78% 73% 96 21 88% 82% 352 85 81% 81% 337 142 74% 70% 601 45 92% 93% 126 18 83% 88% 128 (dn 40) 124 4 98% 97% 151 (up 2) 66 (dn 16) 157 (dn 30) Totals: 417 4,910(dn 352) 141 10 93% 93% 64 2 98% 97% 146 11 90% 93%_ 3,965 (dn 945 (dn 340) 12) NOTE: One lit field is considered to be equivalent to two fields of use during the Fall/Winter season and Spring /Summer is equivalent to one and one-half of a field. Fields will not be allocated for dates prior to 7/31/17 or after 1/27/18 those dates during this process. Scheduled renovation dates for certain City Park or School District sports fields are also identified in red text under each specific sports field that is to be allocated to each youth sports group. Any revisions of dates or times that the Sports Advisory Committee has recommended is also identified in bold text per sports field. PARK SITES: Most available parks have been requested and allocated within this recommendation. Page 1 of 7 ATTACHMENT 1 P45 2017/2018 FALL/WINTER SPORTS FIELDS ALLOCATIONS SCHOOL SITES: School sites are not available prior to 4:00 p.m. Monday — Friday and 10:00 a.m. to dusk on Saturday unless school administration approves of different time. Blackout Dates - If the school has asked you not to use their facilities on special days or nights please follow-up and insure that your scheduler and coaches don't utilize that site for games or practices that day. High School Fields are available after 5:30 p.m. Monday — Friday except for those dates that the high schools are closed for renovations. Most available school sports fields have been requested and allocated within this recommendation. To all sports organizations that utilize school facilities: The vast majority of the youth groups are using school facilities without providing any monetary or in-kind support to the maintenance or repairs of those facilities. Please be aware that schools are always in need of your help in some of these areas. Remember, as a user of the facility you are adding to the wear and tear of the facility and increasing their maintenance expenses. You, as a user, may consider a donation of in-kind services for use of your home school sites. More and more school sites are experiencing challenges with the use of their facilities. This includes scheduling issues with school programs, parking, leaving trash after use, etc. Remember, these are schools whose primary function is to serve as an educational institution. They are willing to make available their facility for your use. However, schools have been increasingly restricting that use due to practices/games occurring on nights when school functions are taking place and affecting the school's ability to provide parking to their students' families. Blackout Dates - If the school has asked you not to use their facilities on special days or nights please follow-up and insure that your scheduler and coaches don't utilize that site for games or practices that day. School Sites Not Available for the 2017/18 Fall Winter Season: Alta Loma Elementary School Central Elementary School Cucamonga Middle School Ruth Musser Middle School Bear Gulch Elementary School Coyote Canyon Elementary School Dona Merced Elementary School LIST OF PRIMARY FIELD REQUESTORS ORGANIZATION # OF 1. AYSO 254 2. R.C. Pop Warner 10 3. JAAF Warriors 6 4. Pee Wee Soccer 42 5. Youth Flag Football 18 6. Upward Bound Soccer 42 Total 372 TEAMS # OF PLAYERS 2,991 (dn 142) 240 (up 34) 117 (dn 19) 406 (dn 3) 174 (dn 51) 479 (up 19) 4,407 (dn 285) PLAYER 68% 5% 3% 9% 4% 11% 100% # OF FIELDS 26 9 8 2 4 5 54 FIELD % 48% 17% 15% 4% 7% 9% 100% AYSO SOCCER — Representative Ari Ruiz agreed to the recommended allocation (2991 players; 254 teams; 26 fields) Days Times Dates 1. East & West Beryl Park (4 fields = 8 fields) M — F Soccer 1 & Soccer 2 Sat Renovations Scheduled 6/5 — 8/27 Page 2 of 7 4:30 pm —10 8/28 — 1/26 pm 9/2 —1 /27 8:00 am — 10 P46 2017/2018 FALL/WINTER SPORTS FIELDS ALLOCATIONS 2. Church Street Park (2 fields) Renovations Scheduled 7/31 — 8/20 3. Mountain View Park (1 field) 4. Red Hill Park South (1 field = 2 fields) Soccer North Soccer South Renovations Scheduled 6/5 — 8/13 5. Heritage Park (2 fields = 4 fields) Ball Field East 90, Ball Fields West (Wednesdays and Saturday to be shared with Winterball) Renovations Scheduled 11/20 — 1/27 6. Kenyon Park (1 Field) 7. Milliken Park (1 field) 8. Alta Loma Junior High Sch. (2 fields - East) *Parking Signs must be utilized on Saturdays* 9. Carnelian Elementary (1 field) M — F Sat M — F M — F Sat Sat M T TH F Sat M — F M — F pm 4:30 pm — 8/21 — 1/26 dusk 8/26 — 1/27 8:00 am — dusk 4:30 pm — dusk 4:30 pm — 10 pm 8:00 am — 10 pm 5:00 pm — 10pm 4:30 pm — 10 pm 8:00 am -3 pm 4:30 pm — dusk 4:30 pm — dusk M — F 4:30pm— Sat dusk 8:00 am — dusk M — F 4:30pm— Sat dusk 8:00 am — dusk 10 Vineyard Junior High Sch.(2 fields Lower M — F only) Sat 11. Los Osos High School (North & South Fields) *Picture Day only pending HS approval 12. Coyote Canyon Park (1 field) F Sat 4:30 pm — dusk 8:00 am — dusk 5:00 pm -7 pm 5:30 am — 5 M — F pm M — F 4:30pm— Page 3 of 7 7/31 —12/1 8/14 —1 /26 8/19 —1/27 8/19 —1/27 7/31 — 11/18 8/5 —11 /19 8/1 — 12/2 8/1 — 12/2 7/31 — 1/26 8/5 —1 /27 7/31 — 1/26 8/5 — 1/27 7/31 — 1/26 8/5 —1 /27 8/25 (Set-up) 8/26 7/31 —12/1 8/14-12/1 P47 2017/2018 FALL/WINTER SPORTS FIELDS ALLOCATIONS P48 13. Golden Oak Park (1 field) dusk Renovations Scheduled 7/31 — 8/13 4:30 pm — dusk RC POP WARNER FOOTBALL — Representative Kevin Potts agreed to the recommended allocation j240 players, 10 teams, 9 fields) Days Times Dates 1. Etiwanda Creek Park (2 fields = 4 fields) M — F 5:30 pm — 8:30 pm 8/7 — 11/10 North + South Fields Sat 8:00 am — 8:00 pm 8/12 — 11/11 Renovations Scheduled (Both fields) 6/5 — 8/6 Sun 10 am — 8:OOpm 9/10/17 only & 11/13 — 2/12 2. Day Creek Park (2 fields = 4 fields) M & F Ball Field East + Ball Field West Sat Renovations Scheduled (Both fields) 7/31 — 8/20 3. Etiwanda High School (1 field) Grass Overlay 5:30 pm — 8:30 pm 11/20 —12/8 8:00 am -8:00 pm 11/8— 12/9 M — F 5:30 pm - dusk 7/31 — 8/4 11/13 — 11/17 4. Vintage Park (1 field) M — F Grass Overlay Sat Renovations Scheduled (Both fields) 6/5 — 7/30 5:30 pm — dusk 8:00 am — dusk 7/31 — 12/8 8/5 — 12/9 JUNIOR ALL AMERICAN — Warriors — Representative Willie 'Tajo" Munford agreed to the recommended allocation (117 players, 6 teams, 8 fields) Days Times Dates 1. Los Osos High School (4 fields) (JV upper) M — Th 5:30pm — 8:30pm 8/21 — 12/7 Renovations Scheduled 12/6 — 2/10 T/W/Th 5:30pm — 8:30pm 9/5 —12/7 *No use 8/25 — 8/26 due to AYSO picture day Sat 8:OOam — 7:OOpm 9/2 —12/9 2. Day Creek Park (2 fields = 4 fields) T/W/Th 5:30pm — 8:30pm 8/22 — 12/7 Ball Field East + Ball Field West Renovations Scheduled (Both fields)7/31 — 8/20 UPWARD BOUND SPORTS — Representative Scott Murphy agreed to the recommended allocation (479 players, 42 teams, 5 fields) Days Times _ Dates 1. Banyan Elementary (2 fields) M — Th 4:30 pm — dusk 8/7 — 11/9 Sat 8:00 am — dusk 8/19 —11/11 2. Rancho Cucamonga High School (Overlay) M — Th 5:30 pm — dusk 8/7 —11/9 (1 field) Sat 8:00 am — dusk 8/19 —11/11 3. Hillside Church (1 field) Not counted towards field totals M—F 4:30 pm— 10pm 7/31 — 12/7 Page 4 of 7 2017/2018 FALL/WINTER SPORTS FIELDS ALLOCATIONS 4. Los Osos High School (1 field = 2 fields) M — Th (JV Outer Field Only) Sat *No use 8/25 — 8/26 due to AYSO picture day P49 5:30 pm — 8:30 pm 8/7 — 11/9 8:00 am — dusk 8/12 —11/11 CITY PEE WEE SOCCER — Jennifer Smith agreed to the recommended allocation (406 players, 42 teams, 2 fields) Days Times 1. Red Hill Park South (1 field = 2 fields) Soccer South Renovations Scheduled 6/5 — 8/13 Dates M - Th 3 pm — 7:30 pm 8/14 —10/19 CITY YOUTH FLAG FOOTBALL — Jennifer Smith agreed to the recommended allocation (174 players, 18 teams, 4 fields) Days Times Dates 1. Victoria Groves Park (1 field) M — F 4 pm — dusk 9/11 — 12/1 Renovations Scheduled 7/31 — 8/5 Sat 8 am — dusk 9/23 —12/2 2. Ellena Park (1 field) M — F 4 pm — dusk 9/11 — 12/1 Renovations Scheduled 6/26 — 7/15 & 9/5 3. Red Hill Park South (1 field = 2 fields) M — Th 7:30 pm —10 pm 9/11 — 11/30 Soccer South M — F 4 pm — 10 pm 10/23 —12/1 Renovations Scheduled 6/5 — 8/13 Fri 4 pm — 10 pm 9/15 — 12/1 Sat 8 am — 5 pm 9/23 —12/2 SECONDARY FIELD REQUESTORS 50' - 70' DIAMOND REQUESTS 60' - 70' DIAMOND REQUESTS 90' DIAMOND REQUESTS # OF ORGANIZATION # OF TEAMS # OF PLAYERS PLAYER FIELDS FIELD % 1. R. C. ACE Softball 36 437 (dn 21) 40% 16 30% 2. Winterball 69 646 (dn 100) 60% 37 70% Deer Canyon L. L. Vineyard Little League Citrus Little League Alta Loma Little League Rancho Little League Total 105 Teams 1,083 players 100% 53 100% DIST. 71 WINTERBALL - Representative Doug Morris agreed to the recommended allocation (646 players, 69 teams, 37 fields) Days Times Dates 1. Red Hill Park North (2 fields = 4 fields) M — F 4:OOpm — 8/14 —11/17 Ball Field East & Ball Field West 90' Sat 10pm 8/19 — 11/18 Renovations Scheduled 11/20 —1/27 8:30am — 10pm Page 5 of 7 P50 2017/2018 FALL/WINTER SPORTS FIELDS ALLOCATIONS 2. Epicenter (1 field = 2 fields) Little League Field Renovations Scheduled 11/20 — 1/27 *No use before Noon on 11/11 due to Founder's Day Parade 3. Heritage Park (3 fields = 6 fields) Ball Field East 90' & Ball Fields West Renovations Scheduled 11/20 —1/27 4. Rancho Summit Park (2 fields) Renovations Scheduled 10/15 —11/26 5. Hermosa Park (1 field) 6. Old Town Park (1 field = 2 fields) 7. Victoria Arbors Park (1 field) 8. Day Creek Park (2 fields = 4 fields) Ball Field East & Ball field West Renovations Scheduled (Both fields) 7/31 — 8/20 9. Milliken Park (1 field) 10. Stork Elementary School (2 fields) 11. Deer Canyon Elementary School (2 fields) 12. Alta Loma Jr. H.S. — West Field (2 fields) 13. Cucamonga Elementary School (4 fields) 14. Jasper Elementary School (1 field) 15. Valle Vista Elementary School (1 field) 16. Golden Oak Park (1 field) Renovations Scheduled 7/31— 8/13 M — F Sat W Sat 4:OOpm — 8/14 —11/17 lOpm 8/19 —11 /18 8:30am — 10pm 4:OOpm — 10pm 4:OOpm — 10pm 8/16 — 11/17 8/19 — 11/18 M — F 4:OOpm — dusk 8/14 —10/13 Sat 8:30am — dusk 8/19 —10/14 M — F 4:OOpm — dusk 8/14 —11/17 Sat 8:30am — dusk 8/19 —11/18 M — F 4:OOpm — 8/14 — 11/17 Sat lOpm 8/19 — 11/18 8:30am — 10pm M — F 4:OOpm — dusk 8/14 — 11/17 Sat 8:30am — dusk 8/19 — 11/18 M & F 4:OOpm — 8/21 — 11/17 Sat lOpm 8/25 — 11/18 8:30am — 10pm Sat 8:30 am — dusk 8/19 —11/18 M — F 4:00 pm — dusk 8/14 —11/17 Sat 8:30 am — dusk 8/19 —11/18 M — F 4:00 pm — dusk 8/14 —11/17 Sat 8:30 am — dusk 8/19 —11/18 M — F 4:00 pm — dusk 8/14 —11/17 Sat 8:30 am — dusk 8/19 —11/18 M — F 4:00 pm — dusk 8/14 —11/17 Sat 8:30 am — dusk 8/19 —11/18 M — F 4:00 pm — dusk 8/14 —10/13 Sat 8:30 am — dusk 8/19 —10/14 M — F 4:00 pm — dusk 8/14 —10/13 Sat 8:30 am — dusk 8/19 —10/14 Sat 8:30 am — dusk 8/19 —10/8 Page 6 of 7 201- 2018 FALL WINTER SPORTS FIELDS ALLOCATIONS 17 Los Amigos Elementary School (1 field) M — F 4:00 pm — dusk 8/14 —10/13 Sat 8:30 am — dusk 8/19 —10/14 RC ACE SOFTBALL — Representative Sarah Baum agreed to the recommended allocation (437 players; 36 teams; 16 fields) Days Times Dates 1. Red Hill Park South (2 fields = 4 fields) M — F Softball North & Softball South Sat Renovations Scheduled 11/20 — 1/27 2. Windrows Park (2 fields) M — F East & West fields Sat Renovations Scheduled 11/20 — 1/6 4:00 pm — 10pm 8/7 —11/17 8:00 am-10pm 8/12-11/18 4:00 pm — dusk 8/7 —11/17 8:00 am — dusk 8/12 — 11/18 3. Los Osos High School M — Th 5:30 pm — 9:30 8/7 —11/17 (JV Softball Only = 2 fields) Sat pm 8/12 —11/18 *No use 8/25 — 8/26 due to AYSO picture 8:00 am — 9:30 day pm 4. Spruce Park (1 field) M — F 4:00 pm — dusk 8/7 — 11/17 Sat 8-00 am — dusk 8/12 —11/18 5. Alta Loma High School (1 field) M — F 5:30 pm — dusk 8/7 —11/17 JV Softball Only Sat 8:00 am — dusk 8/12 — 11/18 6. Victoria Groves Park (1 field) M — F 4:00 pm — dusk 8/7 — 9/8 Renovations Scheduled 7/31 — 8/6 Fri (only) 4:00 pm — dusk 9/15 — 11/17 Sat 8:00 am — dusk 8/12 — 9/16 7. Rancho Cucamonga Middle School M — F 4:00 pm — dusk 8/7 —11/17 (2 fields) Sat 8:00 am — dusk 8/12 — 11/18 8. Hermosa Elementary School (1 field) M — F 4:00 pm — dusk 7/31 — 11/17 Sat 8:00 am — dusk 8/5 —11/18 9. Victoria Groves Elementary School (1 M — F field) Sat 10. Ellena Park (1 field) M — F Renovations Scheduled 6/26-7/15 & 9/5 Sat Page 7 of 7 4:00 pm — dusk 7/31 — 11/17 8:00 am — dusk 8/5 —11/18 4:00 pm — dusk 7/31 — 9/8 8:00 am — dusk 8/5 —11/18 P51 P52 DATE: TO: June 7, 2017 Mayor and Members of the City Council CITY OF RANCHO CUCAMONGA STAFF REPORT FROM: John R. Gillison, City Manager INITIATED BY: Elisa C. Cox, Deputy City Manager / Acting Community Services Directq Celeste Medrano, Community Services Supervisor ))GG SUBJECT: CONSIDERATION OF A LIGHT VARIANCE REQUESTED FOR MINORS, MAJORS, JUNIORS AND SENIOR DIVISIONS ALL-STAR TOURNAMENT HOSTED BY DISTRICT 71 LITTLE LEAGUE DURING JUNE 19 — JULY 15, 2017 AT EPICENTER SPORTS COMPLEX, HERITAGE PARK AND RED HILL COMMUNITY PARKS RECOMMENDATION: The Park and Recreation Commission recommends the City Council consider and approve a temporary variance to the Light Usage Policy to allow use until 11:00 p.m. at the Epicenter Sports Complex, Heritage and Red Hill Community Parks from June 19 — July 15, 2017. Any use after 10:00 p.m. will be limited within those parameters as mentioned below and per the requirements listed in the City's Light Variance Policy. BACKGROUND: District 71 Little League, who is hosting a regional All-Star Little League tournament, is requesting a temporary variance to the Light Usage Policy. District 71 representatives are still planning the tournament and have not determined which divisions will be playing at which sites; historically they have hosted the Minors, Juniors, Seniors and the 50/70 divisions at the following parks: Red Hill Community Park, Heritage Community Park and the Epicenter Sports Complex. ANALYSIS: The current sports field policy curfew is 10:00 p.m. The Light Variance Policy allows for light variance requests that would enable youth sports groups to use the field lights past the standard curfew of 10:00 p.m. Monday through Saturday for special occasions such as regional Little League All-Star Playoffs. If a variance to the field policy curfew is approved, this allows games to continue past 10:00 p.m. because of injuries, extra innings, or other reasons that have caused games to last longer than scheduled. Most games will conclude by 10:00 p.m. Variances have been permitted over the past several years for similar tournaments. The Community Services Department has not received any complaints during the last sixteen years of District 71 Little League All-Star Competitions at the Epicenter Sports Complex, Heritage and Red Hill Community Parks. Some of the more important requirements that the Little Leagues will be bound to are listed within the City's Light Variance Policy. Page 1 of 2 FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Attachment 1 — Light Variance Policy Page 2 of 2 P53 RANCHO CUCAMONGA CALIFORNIA CITY OF RANCHO CUCAMONGA COMMUNITY SERVICES DEPARTMENT LIGHT VARIANCE POLICY POLICY NO.: 500-40 PAGE 1 OF 3 EFFECTIVE November 1. 1992 REVISED January. 2001 APPROVED• March 15 2007 SUBJECT: PURPOSE: POLICY: LIGHT VARIANCE POLICY To specify guidelines for the request and use of sports field lights after normal operating hours. The following procedures will be followed by all community based youth sports organizations who desire to request and use lighted sports fields after normal operating hours. GENERAL POLICIES AND GUIDELINES: There are some occasions throughout the year that may require a youth sporting event to exceed the normal 10:00 p.m. sports fields' Tight curfew. However, it is important to develop some procedures that insure that neighboring residents are not negatively impacted by an approved light variance. Outlined below is a set of guidelines that specifies a process for requesting such a variance and how it should be implemented. 1. Non-profit community based youth sports organizations may request a variance to extend Tight use for City park sports fields beyond normal operating hours. Current operating hours conclude at 10:00 p.m. Monday through Saturday and no use of lights is permitted on Sundays. 2. The request must be for a special occasion of some type such as Regional Little League All Star Playoffs, etc. The variance is limited only to games that were scheduled to conclude by 10:00 p.m. but because of injury, extra innings, or other unforeseen circumstances the game was not able to finish in time. Normal league play or practices are not eligible for consideration under this request. 3. A request must be submitted in writing to the Community Services Director two months prior to their requested use. This allows the department to review their request and submit it for review and approval to the Park and Recreation Commission and the City Council. 4. The request must then be presented to the Park and Recreation Commission for their review and approval. 33 ATTACHMENT 1 P34 LIGHT VARIANCE POLICY PAGE 2 of 3 5. The Park and Recreation Commission must then forward their recommendation to the City Council for their final review and approval. 6. If such a request receives final approval from City Council then that organization must provide home phone numbers and a fact sheet giving details of the tournament. Furthermore, it must be distributed by the leagues or organization to homeowners within two blocks of the City park (s) two weeks before the tournament or event. The flier must be delivered in person to each resident or weighted in some fashion to their doorstep. The flier will include home phone numbers of a district or regional representative and any league presidents. In addition, any pay or designated phones at the sports fields will also be provided so immediate contact can be obtained with the tournament directors. This will be accomplished at league expense. 7 "NO PARKING" signs will be posted on the resident side of streets adjacent to parks in use on Saturdays and Sundays by the requesting organization with signs provided by the City. 8. A separate flier will be distributed to league or tournament participants stating that no noisemakers are allowed and that participants/guests are requested to leave the park area quietly. 9. Overflow parking will be monitored by the requesting organization and signage provided directing participants to park at additional parking facilities nearby. Prior approval must be obtained to use these parking facilities. 10. Organized scheduled athletic events sound amplification equipment will be allowed in City parks, but limited to public address systems, stereo equipment, stationary and portable components and bull horns, subject to the following conditions: a. Request to use the Public Address (P.A.) System must be included on the field use application or submitted separately prior to any usage. b. Amplified sound systems will be checked prior to the tournament or event and the organization must keep the level of sound below the City's required decibel level. Staff will drop in unannounced to monitor at least three times a week during the tournament. A fee of $90 will be paid in advance to cover monitoring costs. If additional monitoring is needed, the user organization will be billed at $12.00 an hour. Announcing will be limited to: • General welcome. • Introduction of teams. • Announcement of player to the plate. • Recap of runs and score between innings. 34 r33 LIGHT VARIANCE POLICY PAGE 3 of 3 c. Furthermore, power limits are to be set so as not to exceed 74DBA at 300 feet in circumference from the source or property line, which ever is closer. No sound from a Community Services approved event can exceed a noise level (slow, 74dBA, "A" weighted scale) measured at the nearest property line, for a cumulative period of not more than five (5) minutes in any one hour, whether or not the sounds are live, recorded, amplified or necessary to the event (i.e. generators). d. All user organizations will be responsible for guaranteeing the sound level not exceed 74DBA. e. The direction of sound from the P.A. System speakers will be toward spectators and/or bleacher areas and away from residential areas. f. The P.A. System use will be permitted only between the hours of 9:00 a.m. and 9:30 p.m. Monday through Saturday, unless otherwise approved by City Council. g. Only persons 18 years and older will be allowed to operate the Public Address System. h. All Public Address System use for athletic events must pertain to the game being played. Special announcements should be kept to a minimum. In no case will play-by-play announcing be permitted. i. Failure to comply with the above requirements by user groups will result in one of the following: • First Offense: Verbal warning followed by written communication. • Second Offense: Payment of staff time to monitor sound system at rate set in Music and Amplification Policy at the next set of games. • Third Offense: Loss of system use. 11. Sports field lights are to be turned off as soon as possible after the completion of the last game, but not to exceed 11:00 p.m. l: COMMSERVIPolicieslPolicies-ApprovedPolicieslLightVariancePolicyapproved07 35 P30 P57 DATE: TO: June 7, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager r INITIATED BY: William Wittkopf, Public Works Services Director 1 Ty Quaintance, Facilities Superintendent Kenneth Fung, Assistant Engineer SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO MOORE FLOORING, INC. FOR THE "CENTRAL PARK -FLOORING REPLACEMENT PROJECT" RECOMMENDATION: Staff recommends the City Council approve the plans and specifications, accept the bids received, award and authorize the execution of a contract in the amount of $263,384 for the "Central Park -Flooring Replacement Project" to the lowest responsive bidder, Moore Flooring, Inc, of Chino; authorize the expenditure of a contingency in the amount of $116,340 and appropriate $89,730 into account number 1025001-5602 from the Capital Reserve fund balance. BACKGROUND: The existing marmoleum flooring in 12 rooms, the preschool hallway and the snack bar area of the Central Park facility has reached the end of its useful life and needs to be replaced. To ensure a uniform appearance to the new flooring, this project will replace the marmoleum flooring for the Base Bid (David Drier Hall and Rancho Cucamonga Hall) and all of the Additive Bid items (Clay Creek, Crafters Den, Game Point, Bear Flat, Grizzly Gulch, Chipmunk, Fox, Raccoon, Creative Corner plus staff lounge, preschool hallway and the snack bar area). ANALYSIS: One (1) bid for this project was opened at 2:00 pm on Tuesday, May 23, 2017 (see attached Bid Summary). Staff has completed the required background investigation and finds that the lowest responsive bidder, Moore Flooring, Inc. of Chino, has met the requirements of the bid documents. The project is scheduled to be completed within fifty (50) working days — 20 working days for the Base Bid items and 30 working days for the Additive Bid items. Staff is requesting a contingency of $116,340 due to the potential costs to seal the concrete under each of the project rooms, hallway and/or snack area. The project requires the Contractor to test for moisture content of the concrete slab under each of the project's rooms, hallway and snack area. Unfortunately, moisture content testing can be done only after the existing marmoleum flooring has been removed. Additive Bid items 15 to 28 are the Contractor's bid price to seal the particular room, hallway or snack bar area. Additive Bid item costs will be incorporated only if the moisture tests result in the need for sealed concrete under the project's specific areas. Page 1 of 2 FISCAL IMPACT: This project is budgeted as part of the FY 16/17 budget; however, additional funds are potentially necessary as a result of unknown conditions under the existing flooring as stated above. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Attachment 1 — Bid Summary Page 2 of 2 P58 MAY 23, 2017 BID OPENING SUMMARY CENTRAL PARK - FLOORING REPLACEMENT PROJECT BASE BID Moore Flooring, Inc. item Description Qty Unit Unit Price Cost Includes cost for all items including but not limited to remove and replace flooring, coves, floor boxes, etc. plus moisture testing. 1 David Drier Hall 1 LS $39,976.00 $39,976.00 2 Rancho Cucamonga Hall 1 LS $48,291.00 $48,291.00 5a Arts and Craft Room 107 1 LS $18,295.00 $18,295.00 6a BASE BID TOTAL = 1 LS $5,346.00 $88,267.00 ADDITIVE BIDS item Description Qty Unit Unit Price Cost For Additive Bids 3a to 10a, work to be performed during standard Monday to Friday, 7:00 am to 4:30 pm schedule. 3a Multi -Purpose Room 134 1 LS $10,471.00 $10,471.00 4a Multi -Purpose Room 135 1 LS $10,470.00 $10,470.00 5a Arts and Craft Room 107 1 LS $18,295.00 $18,295.00 6a Snack Bar 1 LS $5,346.00 $5,346.00 7a Multi -Purpose Room 160 1 LS $11,170.00 $11,170.00 8a Multi -Purpose Room 142 1 LS $17,585.00 $17,585.00 9a Multi -Purpose Room 152 1 LS $11,916.00 $11,916.00 10a Staff Lounge 144 1 LS $8,040.00 $8,040.00 For Additive Bids 3b to 10b, work will be performed after the Central Park facility closes at 9:00 pm and ends before 7:00 am the following morning. 3b Multi -Purpose Room 134 1 LS $11,814.00 $11,814.00 4b Multi -Purpose Room 135 1 LS $11,814.00 $11,814.00 5b Arts and Craft Room 107 1 LS $21,041.00 $21,041.00 6b Snack Bar 1 LS $6,129.00 $6,129.00 7b Multi -Purpose Room 160 1 LS $12,845.00 $12,845.00 8b Multi -Purpose Room 142 1 LS $20,222.00 $20,222.00 9b Multi -Purpose Room 152 1 LS $13,702.00 $13,702.00 10b Staff Lounge 144 1 LS $9,245.00 $9,245.00 Subtotal = $93,293.00 Subtotal = $106,812.00 ATTACHMENT 1 P59 P60 Subtotal = $121,512.00 Subtotal = $53,605.00 Subtotal = $89,747.00 For Additive Bids 3c to 10c, work will be performed after the Central Park facility closes at 9:00 pm on Friday and finishes before 7:00 am the following Monday 3c Multi -Purpose Room 134 1 LS $13,803.00 $13,803.00 4c Multi -Purpose Room 135 1 LS $13,803.00 $13,803.00 5c Arts and Craft Room 107 1 LS $23,785.00 $23,785.00 6 Snack Bar 1 LS $6,798.00 $6,798.00 7c Multi -Purpose Room 160 1 LS $14,520.00 $14,520.00 8c Multi -Purpose Room 142 1 LS $22,861.00 $22,861.00 9c Multi -Purpose Room 152 1 LS $15,491.00 $15,491.00 10c Staff Lounge 144 1 LS $10,451.00 $10,451.00 For Additive Bid items 11 to 14, Contractor can only start work on Monday, July 11, 2017. Work must be completed by 11:59 pm, Friday, August 11, 2017. 11 Green Room 122 1 LS $15,204.00 $15,204.00 12 Red Room 123 1 LS $15,102.00 $15,102.00 13 Blue Room 124 1 LS $15,251.00 $15,251.00 14 Hallway 175 1 LS $8,048.00 $8,048.00 For Additive Bid items 15 to 28, if required, seal concrete flooring as noted on Division 3 and Division 9 of sheet A-6.4 (sheet re -numbered as A- 0.2 in Addendum No 1) of the project plans. 15 David Drier Hall 1 LS $9,675.00 $9,675.00 16 Ranch Cucamonga Hall 1 LS $14,625.00 $14,625.00 17 Multi -Purpose Room 134 1 LS $6,310.00 $6,310.00 18 Multi -Purpose Room 135 1 LS $6,310.00 $6,310.00 19 Green Room 122 1 LS $3,109.00 $3,109.00 20 Red Room 123 1 LS $3,109.00 $3,109.00 21 Blue Room 124 1 LS $3,109.00 $3,109.00 22 Hallway 175 1 LS $2,900.00 $2,900.00 23 Arts and Crafts Room 107 1 LS $10,790.00 $10,790.00 24 Snack Bar 1 LS $2,700.00 $2,700.00 25 Multi -Purpose Room 160 1 LS $6,810.00 $6,810.00 26 Multi -Purpose Room 142 1 LS $10,790.00 $10,790.00 27 Multi -Purpose Room 152 1 LS $6,810.00 $6,810.00 28 Staff Lounge 144 1 LS $2,700.00 $2,700.00 Furnish Additional Armstrong Flooring as Attic Stock 29 NA623 Mixer- Blue Hawaiian 1 Box $235.15 $235.15 30 NA153 Artisan Crafted - Sumac 1 Box $235.15 $235.15 31 NA626 Mixer - Appletini 1 Box $235.15 $235.15 P60 Subtotal = $121,512.00 Subtotal = $53,605.00 Subtotal = $89,747.00 P61 32 NA142 City Mill - Windstorm 1 Box $235.15 $235.15 Base Bid only 33 NA617 Mixer - Orange Soda 1 Box $235.15 $235.15 $181,560.00 34 NA621 Mixer - Sangria 1 Box $235.15 $235.15 35 NA619 Mixer - Fruit Punch 1 Box $235.15 $235.15 $77,520.00 36 NA616 Mixer - Pineapple Juice 1 Box $235.15 $235.15 $178,399.00 Note: Project Budget is $290,000.00 Options: Award amount min Contingency must include costs to seal floors Award + min Contingency a Base Bid only $88,267.00 $24,300.00 $112,567.00 b Base Bid + Additive Bids 3a to 10a (regular work hours) $181,560.00 $77,520.00 $259,080.00 c Base Bid + Additive Bids 3b to 10b (night work) $195,079.00 $77,520.00 $272,599.00 d Base Bid + Addititve Bids 3c to 10c (weekend work) $209,779.00 $77,520.00 $287,299.00 e Base Bid + Additive Bids 11 to 14 (preschool rooms) $141,872.00 $36,527.00 $178,399.00 f Base Bid + Additive Bids 3a to 10a (regular work hours) + Additive Bids 11 to 14 (preschool rooms) $235,165.00 $89,747.00 $324,912.00 g Base Bid + Additive Bids 3b to 10b (night work) + Additive Bids 11 to 14 (preschool rooms) $248,684.00 $89,747.00 $338,431.00 h Base Bid + Addititve Bids 3c to 10c (weekend work) + Additive Bids 11 to 14 (preschool rooms) $263,384.00 $89,747.00 $353,131.00 Note: Project Budget is $290,000.00 P62 CITY OF RANCHO CUCAMONGA DATE: June 7, 2017 TO: Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director 3 Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF THE CONTRACT FOR TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES FOR FY 2017/2018 RECOMMENDATION: Staff recommends the City Council approve Amendment No. 004 to contract CO 15-103 with Siemens Industry, Inc. extending the term of the contract to June 30, 2018 in an amount not to exceed $789,550 for FY 2017/2018. BACKGROUND: On June 3, 2015, City Council approved and awarded a competitively bid contract with Siemens Industry, Inc. to provide citywide traffic signal and safety lighting maintenance. This contract was awarded for a one (1) year term and may be extended on a year-to-year basis by mutual agreement of the City and the Contractor for additional one (1) year periods beginning July 1, 2016. The annual contract amount listed above includes both routine maintenance and a contingency for extra work. The routine maintenance includes a complete inspection and service of each of the City's signalized intersections, flashing crosswalks and signalized crosswalks once per month. The contingency for extra work is necessary to complete repairs due to failures, traffic accidents or malfunctions of the traffic signal system, safety lighting or internally illuminated street name signs. Examples of extra work repairs include, but not limited to: • Repair or replacement of damaged traffic signal cabinets and controllers • Repair or replacement of vehicle detection loops and video cameras • Repair or replacement or emergency vehicle preempt equipment • Repair or replacement of uninterrupted power supply equipment • Replacement of damaged or downed traffic signal poles • Rewiring signalized intersections with new cables and conductors The City of Rancho Cucamonga has signalized intersections that have been in operation for over thirty (30) years, which require additional extra work as equipment fails. Consequently, due to the aging traffic signal infrastructure, rain/wind damage and damage caused by motorists, extra work is always necessary. This fiscal year's funding includes maintenance of eleven new signalized intersections currently under construction or scheduled to be completed in FY 17/18. The deferred Page 1 of 2 replacement of five damaged traffic signal poles and two electrical meter service pedestals is also included in this year's work plan. ANALYSIS: The FY 2017/18 budget includes $201,860 for routine preventative maintenance and $535,690 for extra work, with an additional $52,000 for deferred replacement of damaged traffic signal poles and electrical meter service pedestals as mentioned above. Siemens Industry, Inc. has submitted a Letter of Intent expressing their desire to continue service to the City of Rancho Cucamonga with NO rate increase for FY 2017/2018. They have provided good service during the last fiscal year and staff recommends renewing the contract for an additional year with the same scope of work as FY 2016/2017. FISCAL IMPACT: The funding for Traffic Signal and Safety Lighting Maintenance Services is part of the FY 2017/18 budget in the General Fund Street Maintenance Fund 1001318-5300 and Measure 12010-2040 Fund 1177303-5300. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 2of2 P63 P64 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent SUBJECT: CONSIDERATION TO APPROVE THE RENEWAL OF THE ANNUAL CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICES RECOMMENDATION: Staff recommends the City Council approve Amendment No. 006 to contract CO 08-162 with United Pacific Services extending the term of the contract to June 30, 2018 in an amount not to exceed $1,186,000 for FY 2017/2018. BACKGROUND: In October of 2008, the City Council approved and awarded a competitively bid contract to United Pacific Services, Inc. (UPS) for Citywide Tree Maintenance Services. The contract was valid from the effective date, October 16, 2008, through June 30, 2009 and may be extended on a year-to- year basis by mutual agreement of the City and the Contractor. This contract extension will continue to provide for the systematic trimming of the trees in all of the landscape maintenance districts (LMDs) and throughout the General Fund sites, along with tree removals, tree plantings and emergency response when needed. ANALYSIS: UPS has submitted a Letter of Intent expressing their desire to continue providing tree maintenance services to the City of Rancho Cucamonga for FY 2017-2018 with NO rate increase. FY 2017/2018 will be the tenth year of the contract and there have been no rate increases during the term of the agreement. In addition, UPS has provided consistently good service to the City. Therefore staff recommends the City Council authorize a one year contract extension with UPS for fiscal year 2017-2018. FISCAL IMPACT: Funded through the General Fund and a variety of LMDs contingent on the approval of the FY 17/18 budget. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: None. Page 1 of 1 P65 CITY OF RANCHO CUCAMONGA DATE: TO: FROM: INITIATED BY: SUBJECT: STAFF REPORT June 7, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Danielle Boldt, Chief of Police 0 Vic Moreno, Administrative Lieutenant Matt Mondry, Deputy Sheriff AUTHORIZATION TO INSTALL VIDEO SURVEILLANCE EQUIPMENT AT THE BANYAN STREET AND CARNELIAN STREET INTERSECTION THROUGH OUR EXISTING SOLE SOURCE VENDOR, LEVERAGE INFORMATION SYSTEMS, IN THE AMOUNT OF $25,255.03 AND AUTHORIZATION TO APPROPRIATE $25,255.03 FROM THE LAW ENFORCEMENT RESERVE FUND RECOMMENDATION: Staff recommends the City Council approve the purchase of video surveillance equipment to expand the Public Safety Video Network to the Banyan Street and Carnelian Street intersection. The cameras and associated equipment will be purchased through Leverage Information Systems, our sole source vendor for the Public Safety Video Network, in the amount of $25,255.03. Staff also recommend that $25,255.03 be appropriated from the Law Enforcement Reserve Fund. BACKGROUND: In 2010, the Police Department along with the Information Services Department embarked on a proof of concept project focusing on a city wide video surveillance platform that would later become known as the Public Safety Video Network (PSVN). This project has been steadily increasing in size ever since, providing Law Enforcement an investigative tool and the capability to monitor public interests. The City's Police Department and Traffic Engineering Department met together and discussed incorporating surveillance cameras onto newly installed traffic signals capable of transmitting footage through the Traffic Engineering's network and ultimately to the Public Safety Video Network. A traffic signal is currently being constructed at the Banyan Street and Carnelian Street intersection. The installation of video surveillance equipment at this intersection will allow police to monitor it real-time via the Public Safety Video Network. By Traffic Engineering allowing these cameras to transmit information via their network it will also provide their department additional camera views when assessing traffic issues at this intersection. Page 1 of 2 P66 ANALYSIS: The traffic signal is to be constructed by a contractor selected through the City. Leverage Information Systems will install the video surveillance equipment onto the traffic signal. The quote provided by Leverage Information Systems includes the following: 1. (1) 32x 2MP Samsung Day/Night camera with pan/tilt/zoom capability 2. (6) 3MP Samsung Day/Night fixed focus cameras 3. (4) power supplies 4. Installation materials 5. Installation 6. 12 months on-site support 7. 12 month extended warranty 8. Freight charge FISCAL IMPACT: Approving this purchase has a onetime cost of $25,255.03 which includes all equipment, installation fees, one year of maintenance and support and a 12 month extended warranty. Additional years of maintenance and support can be negotiated at the conclusion of the initial agreement. Staff is requesting an additional appropriation of $25,255.03 from the Law Enforcement Reserve Fund into account number 1 01 7701-5603 (Capital Outlay -Equipment) to fund the purchase. COUNCIL GOAL(S) ADDRESSED: This project allows the expansion of the Public Safety Video Network and share resources with the Traffic Engineering Department. ATTACHMENTS: Attachment 1 — Leverage Quote 1701235 Attachment 2 — Leverage Budgetary Proposal Page 2 of 2 LEVERAGE INFORMATION SYSTEMS www.leveragels.com Leverage Information Systems Phone: 425-482-9200 Fax: 425-485-9400 PO Box 630 Woodinville, WA 98072 P67 Quote No.: 1701235 Date: 03/15/2017 Prepared for: Matt Mondry (909) 477-2861 City of Rancho Cucamonga Prepared by: Colin McElroy Account No.: 2150 Type: Open Market Job: Traffic Intersection Surveillance - Banyan & Carne CLIN Qty. Item ID Description UOM Ea. Price Total 001 1.00 BUDGETARY ESTIMATE - Hardware - This Is a budgetary estimate which is subject to change at any time and should not be used for ordering purposes. For a final bid please contact your sales representative. EA $0.00 $0.00 002 1 SNP-6320RH Network IR PTZ Camera, 2 MP, 3 2x zoom EA $3,213.64 $3,213.64 WDR, True D/N, Heater 003 6 SNB -7004 Network Box Camera 3MP True D/N, Simple EA $577.93 $3,467.58 Focus 004 3 WaypointlOA AC Outdoor Power Supply - 24VAC / 3.5 EA $158.59 $475.77 amp 005 1 WAYPOINT17A P/S 24VAC/28VAC 6.25A OUT ENC EA $167.74 $167.74 - Installation Materials - 006 1.00 LOT - EQUIP Installation Materials EA $5,464.15 $5,464.15 - Labor - 016 1.00 OSINSTALL Onsite Installation EA $9,178.00 $9,178.00 - Onsite & Warranty Support - 021 1 LM-SNP-6320RH-OS-1 12 Months On -Site NBD Support (8-5/ M -F) EA $679.55 $679.55 YR 022 1 LM-SNP-6320RH-W-1 12 Month Extended Warranty, Depot Repair EA $249.95 $249.95 YR or Replacement 023 6 LM-SNB-7004-0S-1YR 12 Months On -Site NBD Support (8-5/ M -F) EA $122.21 $733.25 024 6 LM-SNB-7004-W-1YR 12 Month Extended Warranty, Depot Repair EA $44.95 or Replacement - Freight - 025 1.00 Freight - Flxed Price Flxed Freight Charge EA $338.34 $269.70 $338.34 Your Price: $24,237.67 Sales Tax $1,017.36 SubTotal: $25,255.03 Total: $25,255.03 custom quote - din.rpt Printed: 03/15/2017, 2:49 PM ATTACHMENT 1 Page 1 Prices are firm until 4/14/2017 Terms: Net 30 Quoted by: P68 Quote No.: 1701235 Date: 03/15/2017 Colin McElroy, colin.mcelroy@leverageis.com Date: 3/15/2017 Signature: PO#: Date: Print Name: Title: PH# : Disclaimer Unless otherwise quoted, Standard delivery charges are 30 days ARO. Expedited freight will be charged prepay and add. Please notify your sales rep should you want to use a freight account. If applicable, sales tax will be charged when invoiced. Leverage Information Systems 30 day retum policy does not apply to changed, opened, or cancelled orders. In the event the customer chooses to change or cancel an order, restocking fees may apply. - Leverage is a Small Business Enterprise - Pricing is valid for (30) days - Accepted Methods of Payment - Check or EFT, Please contact your sales rep for re -quote should you like to pay via Credit Card Tax ID / EIN# 91-1607710 DUNS# 807596051 Cage Code: 0X6117 custom quote - din.rpt Printed: 03/15/2017, 2:49 PM Page 2 P69 City of Rancho Cucamonga Traffic Intersection Surveillance Project 6th and Utica Banyan and Carnelian �pCUCA1> Budgetary Estimate Steve Wolff Account Manager Scott Dietrich, Pre -Sales & Hardware Design Engineer Corporate Office: 18815 139th Ave NE, Suite B Woodinville, WA 98072 425-482-9200 Office 800-825-6680 Toll Free 425-485-9400 Fax www.Ieverageis.com CA State License No.: BL00078754 CA Sales Tax ID: 99-729558 CA Contractor's License (C-7) 897224 Leverage Information Systems, Inc. (LEVERAGE) is an industry leading IP communications networking solutions provider. Our Southwest Regional Office business unit is focused on delivering IP -based and hard -wired surveillance solutions that address Public Safety and Law Enforcement concerns, while provide City -Wide Unification of surveillance assets. We have become known for our "LEVERAGE Standard reliable Public Safety deployments within multiple Law Enforcement Agencies in Southem Califomia. Page 1 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. ATTACHMENT 2 P70 Executive Overview A proactive, real-time IP surveillance system must provide intervention as well as the suppression and prevention of both criminal and nuisance activities. It must also meet stringent requirements for uptime and availability. As municipalities continue to increase their focus on Citizen Safety and Quality of Life, their surveillance system must perform with "mission essential' reliability. Leverage has met these requirements through our many customer installations and offers unmatched expertise in the Municipal IP Surveillance industry. The LEVERAGE NON-PROPRIETARY architecture is designed in a unique manner to facilitate success with initial deployments while at the same time creating a supportive environment for future expansion. The open, peer-to-peer (server -less) architecture and its license -free recording model are key components to this design. Leverage has a proven track record of incorporating private camera networks. This capability includes public schools, local businesses, and legacy third party surveillance solutions. Public Safety Focused Through day to day operations and customer driven design engagements, LEVERAGE has gained a deep and comprehensive understanding of the unique network design requirements associated with public safety surveillance demands. Our automated event management application (Detect), and our network health monitoring capabilities were all driven by direct public safety customer engagements. LEVERAGE has unmatched experience in delivering purpose built Municipal IP Video Network Solutions, designed to meet public safety demands. So much so that we were recently awarded a US Patent covering distributed video surveillance architecture in a wireless environment. The foundation of Leverage's Video Management Suite (VMS) is its high degree of resiliency through this peer-to-peer relationship. This results in no single -point -of -failure while UNIQUELY maintaining minimal latency, an essential requirement for any public safety deployment. This highly responsive system has true, real-time, situational awareness creating an active intervention response capability. LEVERAGE has worked directly with public safety agencies from a wide variety of municipalities to select and deploy IP Surveillance Solutions across many jurisdictions. Our design and deployment expertise is extensive as it meets or exceeds diverse security needs including nuisance crime abatement, intrusion detection, perimeter security, Egress/Ingress strategy, license plate recognition, CAD integration, and more. LEVERAGE has the expertise to help make qualified use -case decisions to implement the right solution to meet your Public Safety objectives. Page 2 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P71 Proposal and Budgetary Estimate Leverage will provide design and deployment services for intersection surveillance for two intersections, with the premise that this design may be a template for other intersections to follow. The surveillance components installed at these intersections will expand the Rancho Cucamonga Public Safety Video Network (PSVN). Figures 1 through 6 provide an overview for the intersections of 6th & Utica and Carnelian & Banyan. The objective of this design is to meet the need of providing detailed surveillance information of vehicles including visual license plate identification and other vehicle information. Complementing the proactive capability of the current PSVN, a Pan -Tilt -Zoom camera is planned for each intersection. It is anticipated that these cameras will be recorded at an existing PSVN Network Video Recorder. These cameras will be integrated into the PSVN Video Management System. The project includes Fiber connectivity provided by others that extends the PSVN to each intersection. Depending upon the configuration, either a dedicated PSVN switch will be installed or the use of an existing switch will be utilized to provide connectivity of the intersection cameras to the PSVN network. Proposed Statement of Work Leverage will work with the City and its contractor to ensure the surveillance requirements for the intersection of 6th & Utica and Carnelian & Banyan are achieved. This includes design reviews of site plans and feedback to ensure requirements are clearly defined. The existing ruggedized network switch installed within the traffic cabinet will be utilized for both intersections. A 2 MP IR/PTZ camera will be installed at each intersection. For the Carnelian and Banyan intersection, a total of six 3 MP cameras will be installed to monitor vehicle traffic. These cameras will be powered by AC power at each pole via a step-down transformer. All seven cameras will be connected via Ethernet to the network switch. The existing network switch will be connected via Single Mode Fiber to City fiber terminated within the Traffic Cabinet and will use VLAN routes to the PSVN. Traffic Cabinet: Client will: 1. Provide conduit from Traffic Cabinet to each pole designated for surveillance cameras as indicated in the diagrams below. Each conduit path should be independent path from the Traffic Cabinet (of adjacent pull box). Conduit path must be able to support two category 5e/6 cables. 2. Provide continuous 110VAC power near the top of each traffic pole designated for surveillance cameras as indicated in the diagrams below. AC power should be terminated with J -Box enclosure. Page 3 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P72 Intersection Pole (Banyan & Carnelian) Leverage will: 1. Provide, configure, and install a Pan -Tilt -Zoom camera as designated in the diagram below. 2. Provide, configure, and install six 3MP fixed box cameras as shown in the diagrams below. 3. Target fixed cameras for an optimal field of view to achieve maximum pixels per foot (target 50-60). The cameras are capable of 60 frames per second at HD resolution, and 30 frames per second at 3PM resolution. Targeting the cameras will be critical to achieve the desired results. Client will: 1. Provide AC power. 2. Provide traffic management and permits (if required). 3. Note: PSVN Network Video Recorders have sufficient available storage for these cameras. Intersection Pole (Utica & 6th Street) Leverage will: 1. Provide, configure, and install a Pan -Tilt -Zoom camera as designated in the diagram below. 2. Install Axis Encoder to handle analog signal from existing Iteris traffic cameras. 3. Connect existing Iteris traffic cameras to Axis Encoder using passive BNC connection that splits the video output of the Iteris traffic camera within the traffic control box. Client will: 1. Provide AC power. 2. Provide traffic management and permits (if required). 3. Note: PSVN Network Video Recorders have sufficient available storage for these cameras. PSVN Network Leverage will: 1. Add cameras to PSVN Video Management System. 2. Establish recording jobs based upon mutually agreed upon criteria. 3. Provide advice for network switching and routing. 4. Set up groups and user privileges as required. Client will: 1. Provide network switching and routing support. 2. Provide network configuration information. Page 4 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. Figure 1. 6th and Utica Overview P73 0 0 0. 0 LO 0 fa_ rn C N L_ t v )0 > c N CO 7 CD N 0 c 0 a� m .c N a) J L O y l U C W m a) C Z N W d U.! in0 Q a) � w � o • c c o o l0) 0 N aa)) J 0 a] c a1 c 0 U co G) 0. 0 0. U3 m a1) m d .0 0 N C a) E U O N t O Z 0 0 J tl 5 cr S I CB 3 a ti 9 0 T{ 4N 2 (1) 0 :r 0 J a 0• w d d N to .a co c▪ o N d 3 C) •li P74 qj a 0 0 CD 0 0 WI N'0 a o) a) a) .3 v a) c a) 0 .> C U O L_ T c O a1) (p c c. a ) a) L o tl) -O U c y l6 c• Z • W N W cn cQ 0 mw � o • c c o m > a) J 0 0 ov 0 0 0 'O a) ca0) 0 0 O_ 0) 0 -o 0 0 a)a) C 0 U O 'O N L N i3 17.3 0) C) J Attronix Waypoint 17A Power Supply Altronbc Waypoint 10A Power Supply Attronbc Pole Mount lit 000 c m z o m ti �sp� SY - Figure 3. 6th and Utica Design P75 0 n c a a)m a 0) m CI) t v 0 ccN m 0 c O d L0 4) .0 L O N f U c l0 C Z ui w (00 c< a) o c C_O 0)N > J 0 C G) w U CO CO m a O 0. N CO d CO `) a) .n 0 N C U O N Figure 4. Carnelian and Banyan Overview P76 a 0 co0 al0 a rn 0 c L_ V a) 0 c_ N l9 c V7 O t L_ > c 0 TJ m c .c L y • a) .0 L O a) •N a V U c y co -0 - Z of W E • W (.0 cQ O d .c E • c c o m• 0 a) a) a) a) O f0 c N c 0 0 U V c CO a) a 0 a u) V OD m d .0 0 N c a) E U O V 3 EE 5 W 8 8 c c L N 3n z Figure 5. Carnelian and Banyan Surveillance Equipment Locations P77 2 O . `o c O) O d 'o) a� c 0) L_ m 0 N N 7 ,c 01 0 L_ c 0 0) f0 ,C L 0) 0) a L o v N .D .o c cac• Z • W yW W T CO 0 O Q 0) 76 -5, O w c c E• 0 • o 0) J O c 0) v c c 0 V c CO CO CO a 0 o. f0 0) f0 N a 0 N 0) E 0 0 O V W.,7 - („)0 V W 0 0 V N U U N N W J AN 0a Altronbc Waypoint 17A Power Supply Altronix Waypoint 10A Power Supply Altronix Pole Mount Kit c 0 01.1 c 000 P N c ea 7 P78 o. O 0. O O a 0)0 rn 0 c G) w 0) > c N .0 0) 0 O c 0 0 co .c N a) c .0 L 0 13 -0 C N- U a) v U - Z yW 2 a)W CO0 Q O y W w O 0 CO 0 4) > • C) J 0 c a) v c 8 c c m m m 0. 0 O. N G) m d 0 c a) E U O N P79 Leverage VMS Leverage Video Management Suite (VMS) is an end-to-end surveillance solution engineered for both tactical and strategic deployments including enterprise level command and control. Our VMS is designed to assist city, county, state and federal law enforcement agencies in reducing crime while lowering the cost of policing. It can be utilized in both fixed and mobile environments or any incident response requiring situational awareness. Leverage Information Systems is the Original Equipment Manufacturer (OEM) of Leverage VMS, which is in patent pending status for system architecture, hardware, and software Leverage has a proven track record of incorporating private camera networks. This capability includes public schools, local businesses, and city agencies. Leverage VMS includes audit logging capabilities which provides system security and integrity as it relates to logging user activity. Leverage QuickVIEW The Leverage QuickVIEW software provides the user with a concise view of all cameras through its map -based interface where icons are overlaid to reference camera locations. This allows the user to immediately access video by simply clicking on the camera icon. This design enhances situational awareness thereby enabling real-time logical use of the surveillance system as a force multiplier in addition to gathering and managing forensic quality video evidence. Additionally, QuickVIEW includes all the management tools for setting up all supervisory protocols such as camera setup, camera coverage areas, GeoSpace settings and user profiles. Leverage ClassicVIEW Leverage ClassicVIEW is the viewer. It can run independently or in conjunction with QuickView. Independently, ClassicVIEW offers a drop-down tree menu where cameras can be categorized in folders, such as "Jail Cameras," "Parks," "PD Facility" and any other group to make accessing cameras easy to the user. PTZ control, audio and speaker controls are all done directly from the viewing pane. This allows the user to do everything from one place. From within QuickVIEW, when the user clicks one of the camera icons, the system automatically launches ClassicVIEW to view the camera's video stream. The Leverage VMS is designed specifically for Police Departments and is unique in its ability to export incidents from Leverage Network Video Recorders. The ClassicView application provides a permanent, safe and secure storage location within the police department's network. Incidents are watermarked to ensure integrity, and easily located Page 11 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P80 from ClassicView's Incident tab. Incidents can be found quickly using a feature that allows for partial key word searches of incident titles, associated cameras, text or any other data unique to the incident. A unique feature of the Leverage VMS is its ability to provide a medium resolution video stream for viewing purposes, while locally recording a high quality (HD resolution). The video viewing stream is propagated throughout the network with minimal impact to the network infrastructure. Typical playback viewing of recorded video would also utilize the video viewing stream. A "Detect" event (see below) would extract the high resolution locally recorded video that will be used for evidentiary purposes. This unique Leverage feature preserves network resources, allowing for more cameras without the additional expense associated with network infrastructure components. This capability is only possible using Leverage's patent pending distributed architecture. Leverage Detect A capability within Leverage VMS is "Detect". Detect is the ability to provide an automated interface with other technologies, such as CAD, ShotSpotter, and ALPR systems to intelligently move cameras towards the incident. Leverage VMS then creates a permanent video event file with High Resolution video and organizes it in an incident folder for future export. All video exported through Leverage VMS is watermarked and validated for court purposes. Leverage Detect works interactively with our patent pending surveillance nodes, which enable any existing or new analog CCTV system to be IP ready for integration into our network wide usage. Leverage Surveillance Nodes (LSN) are rugged, hardened systems that can withstand extremely harsh environments. They can also be equipped with hardened recording devices for local high resolution, redundant recordings. Video Management System Leverage VMS, which includes Leverage QuickVIEW and Leverage ClassicVlEW, is a software system designed by Leverage Information Systems for use by public safety agencies. Leverage Designed Hardware In addition to the vast number of hardware partners used by Leverage such as Bosch, IndigoVision, Cisco, Pelco, and Axis, we found the need to begin manufacturing our own hardware to satisfy the many requests by our clients for customized features, which could not easily be attained. The Leverage LSN is one of those products in addition to the family of Leverage Network Video Recorders (NVR). This makes customizing features for our customers a choice rather than a capability. Leverage Hardware is designed and manufactured in Southern California. Page 12 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P81 Leverage Software Development Leverage VMS was developed and continues to be enhanced and supported in-house. Leverage utilizes open source standards to provide features and benefits specifically designed for law enforcement and emergency responders. The Leverage VMS development team resides in the Leverage Riverside Regional Office. Leverage Support Team Leverage Information Systems is staffed to support all aspects of any project. From system design, to project installation, post -installation, maintenance and support. For the past 10 years we have been solely dedicated to providing purpose driven state of the art surveillance technologies for public safety use and are currently maintaining nearly 99% of them to date. This track record proves quality in both performance and workmanship that only the Leverage team can provide. Warranty and Support Plans: Leverage Information Systems' video practice is committed to providing exceptional service and support to our customers. As part of that commitment, we offer both an extended warranty and either Remote or On Site support. Extended Warranty: Warranty support is essentially an extended warranty. We offer a 90 -day warranty on parts and repair labor. Buying an extended warranty provides: Remote Phone Support Plan: Leverage engineers will remotely diagnose reported system failures, and provide resolution. Remote support requires establishing a VPN connection and appropriate access to the customer's network. Corrective action may be resolved remotely, or require replacement of field replaceable units. • Response Time to Initial Call: 8 hours (normal business hours) • Parts Coverage: All parts are covered under this plan. The only exceptions are standard consumable items such as batteries, access cards, etc. • Failed components will be diagnosed by Leverage and replaced by customer. • Items Not Covered: Any damage caused by misuse, abuse, accident, disaster, fire, flood, water, wind, lightning and Acts of God. Also, any items designed to fail in order to protect equipment, such as power and/or lightening suppressors. On -Site Support plan: Leverage engineers will remotely diagnose reported system failures, and provide resolution. Support requires establishing a VPN connection and appropriate access to the customer's network. As necessary, Leverage Information Systems will deploy an Engineer on site for resolution. • Response Time to Initial Call: 8 hours (normal business hours) • Engineer on site: Next Business Day if determined by remote diagnosis. Page 13 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P82 • Parts Coverage: All parts are covered under this plan. The only exceptions are standard consumable items such as batteries, access cards, etc. • Items Not Covered: Any damage caused by misuse, abuse, accident, disaster, fire, flood, water, wind, lightning and Acts of God. Also, any items designed to fail in order to protect equipment, such as power and/or lightening suppressors. Camera Cleaning: Leverage offers a camera inspection and cleaning service. Please contact your Leverage Account Manager to learn more about this service. Camera cleaning and inspection are not included in the standard support plans. Page 14 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P83 Project Terms and Conditions On Site Material Storage On site storage of project materials may be necessary to meet project schedule and cost objectives. During the project charter development, Leverage may request that the customer provide a secure area to support storage of materials. Leverage assumes that the customer will make an agreed upon location available to store project related materials if deemed necessary. Equipment Mounting Locations Within the Leverage proposal there may be locations identified where proposed equipment will be installed. Upon acceptance of the design proposal, Leverage assumes the following: Use of Assets for Equipment Mounting The proposal may include mounting of equipment in locations conducive to meet the project requirements. Leverage will document those locations in the design proposal. Once agreed upon with the customer, Leverage assumes the location is available for use immediately upon approval of the customer and will proceed with the project at the time identified in the project schedule. Failure to make the agreed upon locations available by the customer may result in increased cost incurred by Leverage. If the failure to make agreed upon locations available, it will be noted on the project schedule developed during the project charter development phase. Leverage will make every attempt to avoid incurring costs outside the scope of the project but may find it necessary to pass those costs to the customer in the form of a change order. Provisioning of Power Unless otherwise stated in the Statement of Work, power as specified in the Leverage proposal, is the responsibility of the customer. Typically for outdoor installations Leverage will require power to be extended to the equipment mounting location (within a few feet), and terminated into a standard J -box (typically 4" x 4"). Leverage will use flexible conduct from the customer provided J -Box to the Leverage equipment. The customer is responsible to provide continuous reliable power. If the Statement of Work states that Leverage will provide power to the equipment, the customer agrees to provide a continuous reliable power source at an agreed upon location as identified within the Statement of Work or Project Charter. Tree Trimming and other obstructions In many cases, Leverage deploys wireless networks to transport IP surveillance video. As such, Leverage will conduct a site survey during the development of a proposal based upon a clear line of site from one location to another as documented in the proposal. Obstructions to line of sight may occur from the time the site survey was conducted to the installation, or even possibly after the initial installation. Lack of line of sight may impact the transmission of wireless signals. Any obstructions to the line of sight that occur subsequent to the generation of the Leverage proposal are the responsibility of the customer. Remediation may result in tree trimming, sign removal and relocation, or other. Page 15 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P84 Sufficient Lighting for Video Quality During the deployment of a proposal. lighting conditions are taken into consideration. Poor lighting conditions will impact video quality. and cause recorded video to require additional storage, which may not be taken into account. Some cameras support day/night and will automatically switch to night mode when lighting falls below a threshold. Artificial lighting including IR may improve vision in low light conditions. Leverage may include in the IR lighting with coverage areas that the customer may want to validate in order to ensure the desired coverage is achieved. During the project design this will be discussed and again reviewed during the project charter. The primary responsibility for sufficient lighting will be the customer's. Leverage will make every attempt to ensure sufficient video quality with poor lighting including the following items below. 1. Existing lighting may be required to meet video quality objectives. 2 IR lighting may be added. If so, IR lighting has a coverage area much like a camera. The coverage area is provided by the IR lighting OEM, which is included in their specifications Traffic Management Unless otherwise agreed to in the proposal the customer is responsible for Traffic Management, including any local permits or other requirements related to access the location where equipment will be mounted. LEVERAGE INFORMATION SYSTEMS Corporate Headquarters 18815 139th Avenue NE, Suite B Woodinville, WA 98072 800.825.6680 Toll free 425.482.9200 Office 425.485.9400 Fax California 1159 Iowa Ave, Unit I Riverside, CA 92507 800.825.6680 Toll free 951.323.4839 Office 800.486.5009 Fax www.leverageis.com Page 16 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P85 CITY OF RANCHO CUCAMONGA DATE: TO: FROM: INITIATED BY: SUBJECT: STAFF REPORT June 7, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Danielle Boldt, Chief of Police NJ Vic Moreno, Administrative Lieutenant Matt Mondry, Deputy Sheriff AUTHORIZATION TO INSTALL VIDEO SURVEILLANCE EQUIPMENT AT THE 6TH STREET AND UTICA AVENUE INTERSECTION THROUGH OUR EXISTING SOLE SOURCE VENDOR, LEVERAGE INFORMATION SYSTEMS, IN THE AMOUNT OF $17,265.69 AND AUTHORIZATION TO APPROPRIATE $17,265.69 FROM THE LAW ENFORCEMENT RESERVE FUND RECOMMENDATION: Staff recommends the City Council approve the purchase of video surveillance equipment to expand the Public Safety Video Network to the 6th Street and Utica Avenue intersection. The camera and associated equipment will be purchased through Leverage Information Systems, our sole source vendor for the Public Safety Video Network, in the amount of $17,265.69. Staff also recommend that $17,265.69 be appropriated from the Law Enforcement Reserve Fund. BACKGROUND: In 2010, the Police Department along with the Information Services Department embarked on a proof of concept project focusing on a city wide video surveillance platform that would later become known as the Public Safety Video Network (PSVN). This project has been steadily increasing in size ever since, providing Law Enforcement an investigative tool and the capability to monitor public interests. The City's Police Department and Traffic Engineering Department met together and discussed incorporating surveillance cameras onto newly installed traffic signals capable of transmitting footage through the Traffic Engineering's network and ultimately to the Public Safety Video Network. A traffic signal is currently being constructed at the 6th Street and Utica Avenue intersection. The installation of video surveillance equipment at this intersection will allow police to monitor it real-time via the Public Safety Video Network. By Traffic Engineering allowing this camera to transmit information via their network it will also provide their department additional camera views when assessing traffic issues at this intersection. Page 1 of 2 P86 ANALYSIS: The traffic signal is to be constructed by a contractor selected through the City. Leverage Information Systems will install the video surveillance equipment onto the traffic signal. The quote provided by Leverage Information Systems includes the following: 1. (1) 32x 2MP Samsung Day/Night camera with pan/tilt/zoom capability 2. (1) power supply 3. (1) video encoder 4. Installation materials 5. Installation 6. 12 months on-site support 7. 12 month extended warranty 8. Freight charge FISCAL IMPACT: Approving this purchase has a onetime cost of $17,265.29 which includes all equipment, installation fees, one year of maintenance and support and a 12 month extended warranty. Additional years of maintenance and support can be negotiated at the conclusion of the initial agreement. Staff is requesting an additional appropriation of $17,265.29 from the Law Enforcement Reserve Fund into account number 1017701-5603 (Capital Outlay -Equipment) to fund the purchase. COUNCIL GOAL(S) ADDRESSED: This project allows the expansion of the Public Safety Video Network and share resources with the Traffic Engineering Department. ATTACHMENTS: Attachment 1 — Leverage Quote 1701234 Attachment 2 — Leverage Budgetary Proposal Page 2 of 2 LEVERAGE INFORMATION SYSTEMS www.leverageis.com Leverage Information Systems Phone: 425-482-9200 Fax: 425-485-9400 PO Box 630 Woodinville, WA 98072 P87 Quote No.: 1701234 Date: 03/15/2017 Prepared for: Matt Mondry (909) 477-2861 City of Rancho Cucamonga Prepared by: Colin McElroy Account No.: 2150 Type: Open Market Job: Traffic Intersection Surveillance - 6th & Utica CLIN Qty. Item ID Description UOM Ea. Price Total 001 1.00 BUDGETARY ESTIMATE - Hardware - This is a budgetary estimate which is subject to change at any time and should not be used for ordering purposes. For a final bid please contact your sales representative. EA $0.00 $0.00 002 1 SNP-6320RH Network IR PTZ Camera, 2 MP, 3 2x zoom EA $3,213.64 $3,213.64 WDR, True D/N, Heater 003 1 WAYPOINT17A P/5 24VAC/28VAC 6.25A OUT ENC EA $167.74 $167.74 004 1 0291-004 - Installation Materials - Q7404 VIDEO ENCODER 1PORT SERIAL 720X480 4CHANNEL 005 1.00 LOT - EQUIP Installation Materials - Labor - 012 1.00 OSINSTALL Onsite Installation - Onsite & Warranty Support - 018 1 LM-SNP-6320RH-OS-1 12 Months On -Site NBD Support (8-5/ M -F) YR 019 1 LM-SNP-6320RH-W-1 12 Month Extended Warranty, Depot Repair or Replacement 020 - Freight - 1.00 YR Freight - Flxed Price Flxed Freight Charge EA $889.34 $889.34 EA $2,871.58 $2,871.58 EA $8,446.00 $8,446.00 EA $679.55 EA $249.95 EA $180.38 $679.55 $249.95 $180.38 Your Price: $16,698.18 Sales Tax $567.51 SubTotal: $17,265.69 Total: $17,265.69 custom quote - din.rpt Printed: 03/15/2017, 2:50 PM ATTACHMENT 1 Page 1 Prices are firm until 4/14/2017 Terms: Net 30 Quoted by: P88 Quote No.: 1701234 Date: 03/15/2017 Colin McElroy, colin.mcelroy@leverageis.com Date: 3/15/2017 Signature: PO#: Date: Print Name: Title: PH# : Disclaimer Unless otherwise quoted, Standard delivery charges are 30 days ARO. Expedited freight will be charged prepay and add. Please notify your sales rep should you want to use a freight account. If applicable, sales tax will be charged when invoiced. Leverage Information Systems 30 day retum policy does not apply to changed, opened, or cancelled orders. In the event the customer chooses to change or cancel an order, restocking fees may apply. - Leverage is a Small Business Enterprise - Pricing 1s valid for (30) days - Accepted Methods of Payment - Check or EFT, Please contact your sales rep for re -quote should you like to pay via Credit Card Tax ID / EIN# 91-1607710 DUNS# 807596051 Cage Code: 0X6H7 custom quote - din.rpt Printed: 03/15/2017, 2:50 PM Page 2 P89 City of Rancho Cucamonga Traffic Intersection Surveillance Project 6th and Utica Banyan and Carnelian Budgetary Estimate Steve Wolff Account Manager Scott Dietrich, Pre -Sales & Hardware Design Engineer Corporate Office: 18815 139th Ave NE, Suite B Woodinville, WA 98072 425-482-9200 Office 800-825-6680 Toll Free 425-485-9400 Fax www.Ieverageis.com CA State License No.: BL00078754 CA Sales Tax ID: 99-729558 CA Contractor's License (C-7) 897224 Leverage Information Systems, Inc. (LEVERAGE) is an industry leading IP communications networking solutions provider. Our Southwest Regional Office business unit is focused on delivering IP -based and hard -wired surveillance solutions that address Public Safety and Law Enforcement concems, while provide City -Wide Unification of surveillance assets. We have become known for our "LEVERAGE Standard" reliable Public Safety deployments within multiple Law Enforcement Agencies in Southem Califomia Page 1 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. ATTACHMENT 2 P90 Executive Overview A proactive, real-time IP surveillance system must provide intervention as well as the suppression and prevention of both criminal and nuisance activities. It must also meet stringent requirements for uptime and availability. As municipalities continue to increase their focus on Citizen Safety and Quality of Life, their surveillance system must perform with "mission essential' reliability. Leverage has met these requirements through our many customer installations and offers unmatched expertise in the Municipal IP Surveillance industry. The LEVERAGE NON-PROPRIETARY architecture is designed in a unique manner to facilitate success with initial deployments while at the same time creating a supportive environment for future expansion. The open, peer-to-peer (server -less) architecture and its license -free recording model are key components to this design. Leverage has a proven track record of incorporating private camera networks. This capability includes public schools, local businesses, and legacy third party surveillance solutions. Public Safety Focused Through day to day operations and customer driven design engagements, LEVERAGE has gained a deep and comprehensive understanding of the unique network design requirements associated with public safety surveillance demands. Our automated event management application (Detect), and our network health monitoring capabilities were all driven by direct public safety customer engagements. LEVERAGE has unmatched experience in delivering purpose built Municipal IP Video Network Solutions, designed to meet public safety demands. So much so that we were recently awarded a US Patent covering distributed video surveillance architecture in a wireless environment. The foundation of Leverage's Video Management Suite (VMS) is its high degree of resiliency through this peer-to-peer relationship. This results in no single -point -of -failure while UNIQUELY maintaining minimal latency, an essential requirement for any public safety deployment. This highly responsive system has true, real-time, situational awareness creating an active intervention response capability. LEVERAGE has worked directly with public safety agencies from a wide variety of municipalities to select and deploy IP Surveillance Solutions across many jurisdictions. Our design and deployment expertise is extensive as it meets or exceeds diverse security needs including nuisance crime abatement, intrusion detection, perimeter security, Egress/Ingress strategy, license plate recognition, CAD integration, and more. LEVERAGE has the expertise to help make qualified use -case decisions to implement the right solution to meet your Public Safety objectives. Page 2 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P91 Proposal and Budgetary Estimate Leverage will provide design and deployment services for intersection surveillance for two intersections, with the premise that this design may be a template for other intersections to follow. The surveillance components installed at these intersections will expand the Rancho Cucamonga Public Safety Video Network (PSVN). Figures 1 through 6 provide an overview for the intersections of 6th & Utica and Carnelian & Banyan. The objective of this design is to meet the need of providing detailed surveillance information of vehicles including visual license plate identification and other vehicle information. Complementing the proactive capability of the current PSVN, a Pan -Tilt -Zoom camera is planned for each intersection. It is anticipated that these cameras will be recorded at an existing PSVN Network Video Recorder. These cameras will be integrated into the PSVN Video Management System. The project includes Fiber connectivity provided by others that extends the PSVN to each intersection. Depending upon the configuration, either a dedicated PSVN switch will be installed or the use of an existing switch will be utilized to provide connectivity of the intersection cameras to the PSVN network. Proposed Statement of Work Leverage will work with the City and its contractor to ensure the surveillance requirements for the intersection of 6th & Utica and Carnelian & Banyan are achieved. This includes design reviews of site plans and feedback to ensure requirements are clearly defined. The existing ruggedized network switch installed within the traffic cabinet will be utilized for both intersections. A 2 MP IR/PTZ camera will be installed at each intersection. For the Carnelian and Banyan intersection, a total of six 3 MP cameras will be installed to monitor vehicle traffic. These cameras will be powered by AC power at each pole via a step-down transformer. All seven cameras will be connected via Ethernet to the network switch. The existing network switch will be connected via Single Mode Fiber to City fiber terminated within the Traffic Cabinet and will use VLAN routes to the PSVN. Traffic Cabinet: Client will: 1. Provide conduit from Traffic Cabinet to each pole designated for surveillance cameras as indicated in the diagrams below. Each conduit path should be independent path from the Traffic Cabinet (of adjacent pull box). Conduit path must be able to support two category 5e/6 cables. 2. Provide continuous 110VAC power near the top of each traffic pole designated for surveillance cameras as indicated in the diagrams below. AC power should be terminated with J -Box enclosure. Page 3 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P92 Intersection Pole (Banyan & Carnelian) Leverage will: 1. Provide, configure, and install a Pan -Tilt -Zoom camera as designated in the diagram below. 2. Provide, configure, and install six 3MP fixed box cameras as shown in the diagrams below. 3. Target fixed cameras for an optimal field of view to achieve maximum pixels per foot (target 50-60). The cameras are capable of 60 frames per second at HD resolution, and 30 frames per second at 3PM resolution. Targeting the cameras will be critical to achieve the desired results. Client will: 1. Provide AC power. 2. Provide traffic management and permits (if required). 3. Note: PSVN Network Video Recorders have sufficient available storage for these cameras. Intersection Pole (Utica & 6th Street) Leverage will: 1. Provide, configure, and install a Pan -Tilt -Zoom camera as designated in the diagram below. 2. Install Axis Encoder to handle analog signal from existing Iteris traffic cameras. 3. Connect existing Iteris traffic cameras to Axis Encoder using passive BNC connection that splits the video output of the Iteris traffic camera within the traffic control box. Client will: 1. Provide AC power. 2. Provide traffic management and permits (if required). 3. Note: PSVN Network Video Recorders have sufficient available storage for these cameras. PSVN Network Leverage will: 1. Add cameras to PSVN Video Management System. 2. Establish recording jobs based upon mutually agreed upon criteria. 3. Provide advice for network switching and routing. 4. Set up groups and user privileges as required. Client will: 1. Provide network switching and routing support. 2. Provide network configuration information. Page 4 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. Figure 1. 6th and Utica Overview P93 0. 0 0 O in.2 u D. o) a) c a) L_ CD 0 c N CO 7 v c 0) 0 O L_ 0 0) C L N N O L d O 0) ua .O U c 0) -0 UF, cZ yw E w w T DC7 C Q O O) 01 w g C • C C O • U CO X > 0) 0) J O f0 C 0) 0 c 0 0 U O C CO CO 0) 0. O 0. co f0 0 0) f0 0) 0) O N C 0) E 0 U O co 0 z D J C E a 6W s a tD 1.- a a c m-2 OX Figure 2. 6th and Utica Surveillance Equipment Locations P94 U U A 1 1+ O 2 v `o 2 1 E � cn C 4.§.1 12.1 .0 sll .8.go 1110 i. 4ins 0 seo„ o �1-tT Eggi pa �a 0 Altronix Waypoint 17A Power Supply Altronix Waypoint 10A Power Supply Altronix Pole Mount IQ e O e 1"s 6apa a to. 0 5 c mn 2 Figure 3. 6th and Utica Design P95 2 CL `o c r o am d rn v > N To '— c c 0) W O c 0 a) L Q) N N L L � O y mC V U C 0 M N 01_ EZ MW mw too OQ N g O o c co 0 • U X > N J 0 c0 c G) Lc c 0 .c C f0 w N a 0 0. w m v a) m a O N C G) E 0 0 0 N L a" tCr IN Figure 4. Carnelian and Banyan Overview P96 a 0 0. 0 CO O rct 17)� a rn a) L 0) a) 0 c co (0 v a) o T c O 'O (p _c y N a) .a) L O N L -O c N a) U I_ Z W E W u)0 O Q N f0 E C C O N N > N J 0 f0 C a) c 0 O U c (0 (0 m O ) a O a N (0 N `) a) 0 N E U O N L s a� E E n W 6` c c c ti v c 3 Q X Figure 5. Carnelian and Banyan Surveillance Equipment Locations P97 c. 0 0 c. `0 c rn O rn a) a) L 0) O c m c 0 L_ c 0 'O EL.) `a c L y N a) aL 0 v a) • 'O U c y N 'o cZ W yW c Q O w fa .L.. E cc 0) 0 > N a) J O l0 c a) v c 0 0 U a3 a" f0 a) 0. 0 0. N a) 0 a) a1 a 0 H a) E 0 O 'O N E O V W N E O V V 0 V O z Affront( Waypoint 17A Power Supply Altron x Waypant 10A Power Supply Attront( Pole Mount Kit 000 Ft g O m ti �s N � Figure 6. Carnelian and Banyan Design P98 0 0 o. c O_ O () 0) 0 0) a) w N (0 0 0 T c O N (p . L O L .0 0y Na a c (5 a U C Z cif CW yW coo OQ _ y m« c c o 47+ CD 0 0 >w J O To c G) a c 0 0 U CO CO CD a 0 o. N (0 a) m d .0 0 .N c 0) E 0 U O a N P99 Leverage VMS Leverage Video Management Suite (VMS) is an end-to-end surveillance solution engineered for both tactical and strategic deployments including enterprise level command and control. Our VMS is designed to assist city, county, state and federal law enforcement agencies in reducing crime while lowering the cost of policing. It can be utilized in both fixed and mobile environments or any incident response requiring situational awareness. Leverage Information Systems is the Original Equipment Manufacturer (OEM) of Leverage VMS, which is in patent pending status for system architecture, hardware, and software Leverage has a proven track record of incorporating private camera networks. This capability includes public schools, local businesses, and city agencies. Leverage VMS includes audit logging capabilities which provides system security and integrity as it relates to logging user activity. Leverage QuickVIEW The Leverage QuickVIEW software provides the user with a concise view of all cameras through its map -based interface where icons are overlaid to reference camera locations. This allows the user to immediately access video by simply clicking on the camera icon. This design enhances situational awareness thereby enabling real-time logical use of the surveillance system as a force multiplier in addition to gathering and managing forensic quality video evidence. Additionally, QuickVIEW includes all the management tools for setting up all supervisory protocols such as camera setup, camera coverage areas, GeoSpace settings and user profiles. Leverage ClassicVIEW Leverage ClassicVIEW is the viewer. It can run independently or in conjunction with QuickView. Independently, ClassicVIEW offers a drop-down tree menu where cameras can be categorized in folders, such as "Jail Cameras," "Parks," "PD Facility" and any other group to make accessing cameras easy to the user. PTZ control, audio and speaker controls are all done directly from the viewing pane. This allows the user to do everything from one place. From within QuickVIEW, when the user clicks one of the camera icons, the system automatically launches ClassicVIEW to view the camera's video stream. The Leverage VMS is designed specifically for Police Departments and is unique in its ability to export incidents from Leverage Network Video Recorders. The ClassicView application provides a permanent, safe and secure storage location within the police department's network. Incidents are watermarked to ensure integrity, and easily located Page 11 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P100 from ClassicView's Incident tab. Incidents can be found quickly using a feature that allows for partial key word searches of incident titles, associated cameras, text or any other data unique to the incident. A unique feature of the Leverage VMS is its ability to provide a medium resolution video stream for viewing purposes, while locally recording a high quality (HD resolution). The video viewing stream is propagated throughout the network with minimal impact to the network infrastructure. Typical playback viewing of recorded video would also utilize the video viewing stream. A "Detect" event (see below) would extract the high resolution locally recorded video that will be used for evidentiary purposes. This unique Leverage feature preserves network resources, allowing for more cameras without the additional expense associated with network infrastructure components. This capability is only possible using Leverage's patent pending distributed architecture. Leverage Detect A capability within Leverage VMS is "Detect". Detect is the ability to provide an automated interface with other technologies, such as CAD, ShotSpotter, and ALPR systems to intelligently move cameras towards the incident. Leverage VMS then creates a permanent video event file with High Resolution video and organizes it in an incident folder for future export. All video exported through Leverage VMS is watermarked and validated for court purposes. Leverage Detect works interactively with our patent pending surveillance nodes, which enable any existing or new analog CCTV system to be IP ready for integration into our network wide usage. Leverage Surveillance Nodes (LSN) are rugged, hardened systems that can withstand extremely harsh environments. They can also be equipped with hardened recording devices for local high resolution, redundant recordings. Video Management System Leverage VMS, which includes Leverage QuickVlEW and Leverage ClassicVIEW, is a software system designed by Leverage Information Systems for use by public safety agencies. Leverage Designed Hardware In addition to the vast number of hardware partners used by Leverage such as Bosch, IndigoVision, Cisco, Pelco, and Axis, we found the need to begin manufacturing our own hardware to satisfy the many requests by our clients for customized features, which could not easily be attained. The Leverage LSN is one of those products in addition to the family of Leverage Network Video Recorders (NVR). This makes customizing features for our customers a choice rather than a capability. Leverage Hardware is designed and manufactured in Southern California. Page 12 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P101 Leverage Software Development Leverage VMS was developed and continues to be enhanced and supported in-house. Leverage utilizes open source standards to provide features and benefits specifically designed for law enforcement and emergency responders. The Leverage VMS development team resides in the Leverage Riverside Regional Office. Leverage Support Team Leverage Information Systems is staffed to support all aspects of any project. From system design, to project installation, post -installation, maintenance and support. For the past 10 years we have been solely dedicated to providing purpose driven state of the art surveillance technologies for public safety use and are currently maintaining nearly 99% of them to date. This track record proves quality in both performance and workmanship that only the Leverage team can provide. Warranty and Support Plans: Leverage Information Systems' video practice is committed to providing exceptional service and support to our customers. As part of that commitment, we offer both an extended warranty and either Remote or On Site support. Extended Warranty: Warranty support is essentially an extended warranty. We offer a 90 -day warranty on parts and repair labor. Buying an extended warranty provides: Remote Phone Support Plan: Leverage engineers will remotely diagnose reported system failures, and provide resolution. Remote support requires establishing a VPN connection and appropriate access to the customer's network. Corrective action may be resolved remotely, or require replacement of field replaceable units. • Response Time to Initial Call: 8 hours (normal business hours) • Parts Coverage: All parts are covered under this plan. The only exceptions are standard consumable items such as batteries, access cards, etc. • Failed components will be diagnosed by Leverage and replaced by customer. • Items Not Covered: Any damage caused by misuse, abuse, accident, disaster, fire, flood, water, wind, lightning and Acts of God. Also, any items designed to fail in order to protect equipment, such as power and/or lightening suppressors. On -Site Support plan: Leverage engineers will remotely diagnose reported system failures, and provide resolution. Support requires establishing a VPN connection and appropriate access to the customer's network. As necessary, Leverage Information Systems will deploy an Engineer on site for resolution. • Response Time to Initial Call: 8 hours (normal business hours) • Engineer on site: Next Business Day if determined by remote diagnosis. Page 13 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P102 • Parts Coverage: All parts are covered under this plan. The only exceptions are standard consumable items such as batteries, access cards, etc. • Items Not Covered: Any damage caused by misuse, abuse, accident, disaster, fire, flood, water, wind, lightning and Acts of God. Also, any items designed to fail in order to protect equipment, such as power and/or lightening suppressors. Camera Cleaning: Leverage offers a camera inspection and cleaning service. Please contact your Leverage Account Manager to learn more about this service. Camera cleaning and inspection are not included in the standard support plans. Page 14 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P103 Project Terms and Conditions On Site Material Storage On site storage of project materials may be necessary to meet project schedule and cost objectives. During the project charter development, Leverage may request that the customer provide a secure area to support storage of materials. Leverage assumes that the customer will make an agreed upon location available to store project related materials if deemed necessary. Equipment Mounting Locations Within the Leverage proposal there may be locations identified where proposed equipment will be installed. Upon acceptance of the design proposal, Leverage assumes the following: Use of Assets for Equipment Mounting The proposal may include mounting of equipment in locations conducive to meet the project requirements. Leverage will document those locations in the design proposal. Once agreed upon with the customer, Leverage assumes the location is available for use immediately upon approval of the customer and will proceed with the project at the time identified in the project schedule. Failure to make the agreed upon locations available by the customer may result in increased cost incurred by Leverage. If the failure to make agreed upon locations available, it will be noted on the project schedule developed during the project charter development phase. Leverage will make every attempt to avoid incurring costs outside the scope of the project but may find it necessary to pass those costs to the customer in the form of a change order. Provisioning of Power Unless otherwise stated in the Statement of Work, power as specified in the Leverage proposal, is the responsibility of the customer. Typically for outdoor installations Leverage will require power to be extended to the equipment mounting location (within a few feet), and terminated into a standard J -box (typically 4" x 4"). Leverage will use flexible conduct from the customer provided J -Box to the Leverage equipment. The customer is responsible to provide continuous reliable power. If the Statement of Work states that Leverage will provide power to the equipment, the customer agrees to provide a continuous reliable power source at an agreed upon location as identified within the Statement of Work or Project Charter. Tree Trimming and other obstructions In many cases, Leverage deploys wireless networks to transport IP surveillance video. As such, Leverage will conduct a site survey during the development of a proposal based upon a clear line of site from one location to another as documented in the proposal. Obstructions to line of sight may occur from the time the site survey was conducted to the installation, or even possibly after the initial installation. Lack of line of sight may impact the transmission of wireless signals. Any obstructions to the line of sight that occur subsequent to the generation of the Leverage proposal are the responsibility of the customer. Remediation may result in tree trimming, sign removal and relocation, or other. Page 15 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P104 Sufficient Lighting for Video Quality During the deployment of a proposal, lighting conditions are taken into consideration. Poor lighting conditions will impact video quality, and cause recorded video to require additional storage, which may not be taken into account. Some cameras support day/night and will automatically switch to night mode when lighting falls below a threshold. Artificial lighting including IR may improve vision in low light conditions. Leverage may include in the IR lighting with coverage areas that the customer may want to validate in order to ensure the desired coverage is achieved. During the project design this will be discussed and again reviewed during the project charter. The primary responsibility for sufficient lighting will be the customer's. Leverage will make every attempt to ensure sufficient video quality with poor lighting including the following items below. 1. Existing lighting may be required to meet video quality objectives. 2. IR lighting may be added. If so, IR lighting has a coverage area much like a camera. The coverage area is provided by the IR lighting OEM, which is included in their specifications Traffic Management Unless otherwise agreed to in the proposal the customer is responsible for Traffic Management, including any local permits or other requirements related to access the location where equipment will be mounted LEVERAGE INFORMATION SYSTEMS Corporate Headquarters 18815 139th Avenue NE, Suite B Woodinville, WA 98072 800.825.6680 Toll free 425.482.9200 Office 425.485.9400 Fax California 1159 Iowa Ave, Unit I Riverside, CA 92507 800.825.6680 Toll free 951.323.4839 Office 800.486.5009 Fax www.leverageis.com Page 16 This document is to be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those individuals involved with the negotiation or proper execution of the AGREEMENT described herein. P105 STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Linda Ceballos, Environmental Programs Manager SUBJECT: CONSIDERATION TO APPROVE A HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FIRE PROTECTION DISTRICT RECOMMENDATION: Staff recommends the City Council approve the attached Household Hazardous Waste Collection Agreement with the San Bernardino County Fire Department Household Hazardous Waste Division and authorize the Mayor to sign the agreement. BACKGROUND: The California Public Resources Code requires cities and counties to prepare a Household Hazardous Waste Element (HHWE) to identify the safe collection, recycling, treatment, and proper disposal of hazardous waste generated by households and separated from the waste stream. In accordance with the Rsource Code requirements, the City of Rancho Cucamonga (City) established a permanent Household Hazardous Waste Collection Facility operated by the Engineering Services Department's Environmental Programs Section. The City currently contracts with the San Bernardino County Fire Department Household Hazardous Waste Division (County) for staff training. program administration, including permitting and reporting; and for the safe removal and proper disposal of household hazardous waste (HHW). The City is responsible for providing the facility and trained staff to operate the facility. Additional City responsibilities outlined in the agreement include: facility maintenance; the safety of the persons and materials on the property of the facility; keeping the facility secure; and the necessary publicity and education regarding proper disposal and handling of household hazardous waste to City residents. Participation in the County household hazardous waste collection program provides Rancho Cucamonga residents with the ability to properly dispose of their household hazardous waste at any of the participating sites within the county. HHW site days and hours of operation vary, providing an added convenience to residents to properly dispose their household hazardous waste. ANALYSIS: Over the last five years the Household Hazardous Waste Program has been impacted by increased disposal costs for used oil, used oil filters, household batteries, pharmaceuticals, sharps, as well as supplies. To cover the increased disposal costs, the County found it necessary to impose a three percent (3%) annual increase on the new agreement. The total five-year agreement amount is $1,206,195, which includes the three percent (3%) annual increase. The Page 1 of 2 CITY COUNCIL STAFF REPORT— HHW AGREEMENT June 7, 2017 Page 2 County provides an annual discount of $12,000 to the City to offset the City's staffing costs for the Rancho Cucamonga HHW facility. Additionally, under the new agreement, the County will be providing sharps biohazard containers to the City for distribution to Rancho Cucamonga residents for proper sharps disposal. This will help to offset the City's cost for the sharps program. If approved, this agreement shall be effective from July 1, 2017 until June 30, 2022, unless otherwise terminated or amended by either party. FISCAL IMPACT: The Household Hazardous Waste Collection Agreement is funded by the franchise fee collected from the franchise solid waste hauler. The total five-year agreement amount is not to exceed $1,206,195. The amount due annually and billed on a quarterly basis for the following fiscal years: Fiscal Year 2017/2018 $227,192 2018/2019 $234,008 2019/2020 $241,028 2020/2021 $248,259 2021/2022 $255,708 COUNCIL GOAL(S) ADDRESSED: (if applicable) Not applicable. ATTACHMENTS: Attachment 1 — Household Hazardous Waste Collection Agreement Page 2 of 2 P106 SAN BERNARDINO COUNT FIRE PROTECTION DISTRICT FAS CONTRACT P107 FOR OFFICIAL USE ONLY a O New Change Cancel FAS Vendor Code SC Dept. A Contract Number ■ ePro Vendor Number ePro Contract Number Dept. Orgn. SAN BERNARDINO COUNTY FPD 107 160 Contractor's License No. Contract Representative Monica Ronchetti Telephone (909) 382-5401 Type Unencumbered Total Contract Amount Not to Exceed $1,206,194.52 fl Other: Contract 6a Revenue fl Encumbered El If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date July 1, 2017 Contract End Date June 30, 2022 Original Amount $ Amendment Amount $ Fund FHH Dept. 107 Organization 160 Appr. Obj/Rev Source 8842 GRC/PROJ/JOB No Amount $ Fund Dept. Organization i Appr. Obj/Rev Source 1 GRC/PROJ/JOB No. Amount $ Fund Dept. Organization i Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Project Name Household Hazardous Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D 17/18 $227,192.25 20/21 $248,259.11 Waste Agreement with 18/19 $234,008.02 21/22 $255,706.88 Collection Facility 19/20 $241,028.26 THIS CONTRACT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, hereinafter called the SBCFPD, and Name City of Rancho Cucamonga Address P. O. Box 807 Rancho Cucamonga, CA 91729 Telephone Federal ID No. or Social Security No. (909) 477-2740 x4060 hereinafter called CITY IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets Set forth service to be rendered amount to be paid manner of payment, time for performance or completon. determination of satisfactory performance and cause for termination. other terms and conditions and attach plans, specifications. and addenda, if any) HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as "SBCFPD" and the City of Rancho Cucamonga hereinafter referred to as the "CITY". RECITALS: WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection. recycling, Audltor-ControlleNTreasurer?ax Collector Use Only 0 Contract Database ❑ FAS Input Date Keyed By ATTACHMENT 1 Page 1 of 7 P108 treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream; and, WHEREAS, the County of San Bernardino and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county -wide cooperative program for the management of Household Hazardous Waste; and, WHEREAS, the existing Household Hazardous Waste program operated by the SBCFPD is consistent with the adopted HHWE; and, WHEREAS, the SBCFPD's Division of Hazardous Materials, is a division of SBCFPD responsible for the safe management of hazardous waste; and, WHEREAS, the CITY desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling. NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows: WITNESSETH: RESPONSIBILITIES AND DUTIES OF THE CITY 1. The CITY agrees to operate a Household Hazardous Waste Collection Facility (hereinafter referred to as "Facility") for the SBCFPD at the following location: City of Rancho Cucamonga, 8794 Lion Street, Rancho Cucamonga, CA, in accordance with the most recent edition of "The Satellite Facilities Operations Manual", as referred to and amended from time to time in accordance with Section 8 hereof (hereinafter referred to as "Operations Manual"). Employees of the CITY who have current training by the SBCFPD will accept only "Household Hazardous Waste", as defined in Title 22, section 66260.10 of the California Code of Regulations and in California Health and Safety Code section 25218.1(e). The Facility will be open to County residents for collection of Household Hazardous Waste at least eight (8) hours per month, except during inclement weather. The designated employees of the CITY will categorize, pack and label the wastes in accordance with the Operations Manual. The wastes will be stored in their original packaging (except used motor oil and used antifreeze) and placed in the SBCFPD-provided containers inside the waste storage area (located within the fenced area of the Facility). The CITY approves the Facility's storage area(s) of ignitable and/or reactive waste designated by the SBCFPD. The CITY approves the Facility's traffic control which is directed by authorized staff. 2. The CITY shall be responsible for maintenance of the Facility, the safety of persons and materials on the property of the Facility, and keeping the Facility secure. It shall not be necessary for the CITY to require a person to be present at all times on the site of the Facility where the waste will be stored. 3. The CITY shall notify and obtain approval from the SBCFPD prior to making any changes in the maintenance and/or operations of the Facility. The CITY shall notify the SBCFPD of any changes in the management of the Facility. 4. The CITY shall publicize to its residents the need to properly recycle, reduce, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of the Facility for the safe management of Household Hazardous Waste. 5. Agreement Compliance. CITY agrees to comply with all applicable Federal, State and County laws, regulations and policies in carrying out its responsibilities under this Agreement. Revised 01/06/2015 Page 2 of 7 P109 RESPONSIBILITIES AND DUTIES OF THE SBCFPD 6. The SBCFPD will continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste including universal waste, home -generated sharps and pharmaceutical waste excluding controlled substances. The SBCFPD program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner. 7. The SBCFPD shall act as the generator and transporter of the Household Hazardous Wastes, and shall assume responsibility for maintaining the necessary site and transportation permits. Further, the SBCFPD will train CITY personnel and provide the Operations Manual, which designates waste to be accepted, defines a categorization scheme for wastes anticipated, and specifies emergency procedures to be followed. The SBCFPD shall continue to provide an initial 32 -hour training course for new Household Hazardous Waste personnel of the CITY and a subsequent annual 8 -hour "refresher" training course for CITY Household Hazardous Waste employees. If there are changes to the Operations Manual, written notification and/or special training sessions shall be provided to the CITY at least thirty (30) days prior to their effective date. The Operations Manual shall be consistent with all state and federal regulations applicable to Household Hazardous Waste facilities and amended as necessary. 8. The SBCFPD shall provide a secure storage shed. The SBCFPD will also provide approved waste storage containers, meeting the specifications of the Department of Transportation for the disposal of hazardous waste and sufficient absorbent materials for "over packing" the waste containers. At the termination or expiration of this Agreement, all items provided by the SBCFPD shall belong to the SBCFPD, unless otherwise agreed upon in writing. The SBCFPD will provide an Emergency Coordinator to offer support and assistance to the CITY during Facility operating hours excluding County observed holidays. 9. The SBCFPD shall either remove the wastes or independently contract with a licensed hazardous waste hauler to remove the accumulated wastes, monthly, and to recycle or dispose of wastes at an approved facility, at no additional cost to the CITY. 10. SBCFPD shall provide an annual report to the CITY, which shall include the amounts and types of waste collected, and participation by jurisdiction. 11. SBCFPD shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the Annual Form 303 Report. CONSIDERATION 12. In consideration for the services provided, CITY shall pay the SBCFPD the following amount not to exceed $1,206,194.52: Fiscal year 2017/2018 2018/2019 2019/2020 2020/2021 Annual amount Amount per quarter $227,192.25 $234,008.02 $241,028.26 $248,259.11 $56,798.06 $58,502.00 $60,257.06 $62,064.78 Revised 01/06/2015 Page 3 of 7 P110 2021/2022 $255,706.88 $63,926.72 Payment due on: July 15, October 15, January 15, and April 15. This payment includes a discount to the CITY of $12,000 annually, ($3,000 quarterly), to assist with staffing cost for the HHW facility. TERM AND TERMINATION 13. This Agreement shall be effective July 1, 2017 and shall remain in effect through June 30, 2022, but may be renewed for specified periods, unless, otherwise terminated or amended. 14. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party. INSURANCE AND INDEMNIFICATION 15. CITY and SBCFPD are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement. 16. SBCFPD agrees to indemnify, defend (with counsel reasonably approved by CITY) and hold harmless CITY, its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by CITY on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The SBCFPD's indemnification obligation applies to CITY's "active" as well as "passive" negligence but does not apply to CITY's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782. CITY agrees to indemnify, defend (with counsel reasonably approved by SBCFPD) and hold harmless SBCFPD, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by CITY on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The CITY's indemnification obligation applies to SBCFPD's "active" as well as "passive" negligence but does not apply to SBCFPD's "sole negligence" or "willful misconduct" within the meaning of Civil Code section 2782. In the event SBCFPD and/or CITY are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, SBCFPD and/or CITY, as applicable, shall indemnify the other to the extent of its comparative fault. Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, SBCFPD and CITY hereby waive any and all rights of subrogation recovery against each other. Furthermore, if SBCFPD or CITY attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, SBCFPD and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee Revised 01/06/2015 Page 4 of 7 P111 GENERAL TERMS AND CONDITIONS 17. Representation of the SBCFPD. In the performance of the Agreement, CITY, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the SBCFPD. 18. Change of Address. CITY shall notify the SBCFPD in writing of any change in mailing address within ten (10) business days of the change. 19. Agreement Assignability. Without the prior written consent of the SBCFPD, the agreement is not assignable by CITY, either in whole or in part. 20. Agreement Amendments. CITY agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both CITY and SBCFPD. 21. Correction of Performance Deficiencies. Failure by CITY to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement. In the event of a non -cured breach, SBCFPD may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract: A. Afford CITY thereafter a time period within which to cure the breach, which period shall be established at sole discretion of SBCFPD; and/or, B. Terminate this Contract. 22. Attorney Fees and Costs. If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and attorneys' fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys' fees directly arising from a third -party legal action against a party hereto and payable under INDEMNIFICATION paragraphs. 23. Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third -party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County. This contract shall be governed by the laws of the State of California. 24. Notification. In the event of a problem or potential problem that will impact the level of performance under this Agreement, the CITY shall notify the SBCFPD within one (1) working day, in writing and by telephone. 25. Former County and SBCFPD Officials. CITY agrees to provide or has already provided information on former San Bernardino County and SBCFPD administrative officials (as defined below) who are employed by or represent CITY. The information provided includes a list of former County and SBCFPD administrative officials who terminated COUNTY or SBCFPD employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of CITY. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Administrative Officer or member of such officer's staff, County or SBCFPD department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit. Revised 01/06/2015 Page 5 of 7 P112 26. Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement SBCFPD determines that CITY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the SBCFPD, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, the SBCFPD is entitled to pursue any available legal remedies. 27. Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default. 28. Severabilitv. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid. 29. Notices and Reports. Any notices shall be addressed to the respective parties as set forth below: SBCFPD: Monica Ronchetti Supervising Hazardous Materials Specialist Household Hazardous Waste Program 2824 East "W" Street San Bernardino, CA 92415-0799 CITY: Linda Ceballos Environmental Programs Manager City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91729 30. Entire Agreement. A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. Revised 01/06/2015 Page 6 of 7 P113 IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Clerk thereof, and CITY has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written. SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT (Print or type name of corporation, company, contractor, etc.) ► By ► Robert A. Lovingood, Chairman, Board of Directors (Authorized signature - sign in blue ink) Dated: Name SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch, Secretary Title (Print or type name of person signing contract) (Print or Type) Dated: By Address Deputy Approved as to Legal Form 0. - Counsel Counsel Date Reviewed by Contract Compliance P. - Date Date Presented to Board for Signature P. Date Revised 01/06/2015 Page 7 of 7 P114 STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer SUBJECT: CONSIDERATION TO APPROVE A DONATION AGREEMENT WITH THE INLAND EMPIRE RESOURCE CONSERVATION DISTRICT (IERCD) FOR THE TRANSFER OF APPROXIMATELY 62 ACRES OF CITY -OWNED LAND LYING NORTHEAST OF THE CITY FOR WILDLIFE AND PLANT LIFE CONSERVATION PURPOSES (APNs 0226-061-16, 0226-061-62, 0226-401- 01, AND 0226-421-07) RECOMMENDATION: Staff recommends the City Council: • Approve the attached Donation Agreement with IERCD for the transfer of approximately 62 acres of City -owned land lying northeast of the City for Wildlife and Plant Life Conservation Purposes; • Authorize the Mayor to sign the agreement; • Authorize the City Manager or his designee to sign all documents necessary to execute the terms of the agreement; and • Appropriate $50,000 from the Transportation Fund (Fund 124) to Account No. 11243035650/1515124-0. BACKGROUND: The Wilson Avenue Extension Project, which constructed a two-lane connection of Wilson Avenue between East Avenue and Wardman Bullock Road, included a number of mitigation measures identified during the environmental review and resource agency permitting processes. One of the project's mitigation measures requires the City to purchase and conserve Riversidean Alluvial Fan Sage Scrub (RAFSS) habitat to mitigate the project's permanent impacts. In order to satisfy this mitigation, staff worked with the IERCD and the California Department of Fish and Wildlife (CDFW) to locate property with the correct habitat characteristics available for the City to purchase and conserve. In March 2016, the City purchased approximately 122 acres of land in the northwest portion of the City of Fontana for this purpose, referred to as the Dou (APNs 0226-401-01 and 0226-421-07), Clark I (APNs 0226-061-16 and 0226-061-62), and Clark II (APN 0226-061-07) properties. Conservation of the Dou and Clark I properties is required to satisfy the mitigation requirements for the Wilson Avenue Extension Project. With available land containing RAFSS being limited; the City took the opportunity to also purchase the Clark II property to hold for use as mitigation on future City projects. ANALYSIS: Page 1 of 2 CITY COUNCIL STAFF REPORT — IERCD DONATION AGREEMENT June 7, 2017 Following the purchase of the properties, staff continued to work with IERCD in order to determine the best mechanism for conserving the Dou and Clark I properties. IERCD provided the City with two options for consideration. The first option involves the City placing a permanent conservation easement on the properties for the benefit of IERCD and providing an endowment to cover the on-going costs to conserve the properties. Alternatively, the City could transfer the properties in fee simple to IERCD for the purposes of Wildlife and Plant Life conservation. Both options have been deemed acceptable by California Fish and Wildlife. After evaluating the options, staff is recommending that the City transfer the properties in fee title to IERCD. In addition to satisfying the mitigation and permitting requirements for the Wilson Avenue Extension Project, this option eliminates any potential liability the City would retain by holding title to the property and provides an opportunity for the City to fund upgrades to the habitat on the Dou and Clark I properties in order to gain additional mitigation credits for future projects. Staff plans to bring a separate agreement to the City Council for consideration related to the purchase of additional mitigation credits to the City Council for consideration in the future. The attached Donation Agreement contains the terms for transfer of the Dou and Clark I properties to IERCD. Approval of the attached agreement will begin the transfer process and allow the City and IERCD to open escrow on the properties. The agreement has been reviewed by the City Attorney's office as to form. FISCAL IMPACT: Pursuant to the terms of the attached Donation Agreement, the City will be responsible to place survey markers on the property corners and fund half of the closing costs for the transfer. Staff estimates these costs to total approximately $50,000. In order to fund these costs, an appropriation in the amount of $50,000 from the Transportation Fund (Fund 124) to Account No. 11243035650/1515124-0 will be required. COUNCIL GOAL ADDRESSED: None. ATTACHMENTS: Attachment 1 — Vicinity Map Attachment 2 — Donation Agreement Page 2 of 2 P115 APNs: 0226-401-01. 0226-421-07, 0226-061-62, 0226-061-16 DONATION AGREEMENT THIS DONATION AGREEMENT ("Agreement") is made this day of , 2017 by and between the INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, a governmental special district, (herein "IERCD"), and CITY OF RANCHO CUCAMONGA, a California municipal corporation (herein "Donor"). IERCD and Donor are individually referred to as "Party" and collectively as "Parties." WHEREAS, Donor is the owner of approximately 61.99 acres of certain real property located in the City of Fontana, San Bernardino County, and as more particularly described on Exhibit A attached hereto (the "Property"); WHEREAS, IERCD desires to acquire the Property for purposes of wildlife and plant life conservation; and NOW, THEREFORE, IERCD and Donor agree as follows: 1. Dedication of Property. Donor shall offer to dedicate the Property to IERCD and IERCD shall accept the offer of dedication of the Property, or interest therein, upon the terms and conditions set forth in this Agreement. 2. Obligations of Donor. 2.1 Fee Interest. Upon acceptance by IERCD, as embodied by IERCD's execution of the Certificate of Acceptance, Donor shall convey, assign and transfer its fee simple interest in the Property to IERCD, free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), bonds, assessments, and taxes except for (i) liens for non -delinquent property taxes and assessments, and (ii) those liens and encumbrances and easements which, in the sole discretion of IERCD, are deemed acceptable as described in Sections 6.3 and 6.4 below. 2.2 Representations and Warranties of Donor. Donor represents and warrants to IERCD that as of the date of this Agreement and as of the Closing the following: 2.2.1 Hazardous Substances. To Donor's actual knowledge, the Property is: (i) free from Hazardous Substances; (ii) contains no buried or partially buried storage tanks located on the Property; (iii) has not been used for the generation, storage or disposal of any Hazardous Substance and no Hazardous Substance has been spilled, disposed of, or stored on, under, or at the Property; and (iv) has never been used as a dump or landfill; 2.2.2 Compliance with Law. To Donor's actual knowledge, the Property is in material compliance with all applicable laws and Environmental Laws, including, but not limited to, city, county, and state zoning, land use, and environmental restrictions; -1- ATTACHMENT 2 P117 P118 2.2.3 Leases. No leases, licenses, or other agreements allowing any third party rights to use the Property are currently in force nor will be in force as of the Closing; 2.2.4 Litigation and Investigations. There is no pending or to Donor's actual knowledge any threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Property, and Donor has received no notice, warning, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property currently are or have been in violation of any Laws or Environmental Laws, or informing Donor that the Property is subject to investigation or inquiry regarding the violation of any Laws or Environmental Laws; 2.2.5 Condition of Property. To Donor's actual knowledge, there are no natural or artificial conditions upon the Property or any part of the Property that could result in a material and adverse change in the condition of the Property; 2.2.6 Access to the Property. There is vehicular access to the Property either directly through a public right of way or through a recorded easement; and 2.2.7 No Insolvency Proceedings. Donor has not (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by its creditors; (iii) suffered the appointment of a receiver to take possession of all or substantially all of its assets; (iv) suffered the attachment or other judicial seizure of substantially all of its assets; or (v) admitted in writing its inability to pay its debts as they come due. 2.2.8 No Other Agreements, Undertakings or Tenancies. Donor will not enter into any agreements or undertake any new obligations prior to Closing which will in any way burden, encumber or otherwise affect the Property without the prior written consent of IERCD. 2.2.9 Disclosure. Donor has disclosed to IERCD all information, records, and studies in Donor's possession in connection with the Property, including any reports or studies concerning Hazardous Substances. All information that Donor has delivered to IERCD, either directly or through Donor's agents, is accurate to the best of Donor's knowledge and information, and Donor has disclosed all material facts concerning the operation, development, or condition of the Property. Donor shall promptly notify IERCD of any facts that would cause any of the representations contained in this Agreement to be untrue should they arise prior to the Closing. If IERCD reasonably concludes that a fact materially and adversely affects the Property, IERCD shall have the option to terminate this Agreement by delivering written notice to Donor and Escrow Agent. If IERCD terminates this Agreement pursuant to this Section, Escrow Agent shall cancel the Escrow and Donor shall be responsible for all costs of escrow. 2.3 Indemnify and Hold Harmless. Donor agrees to indemnify IERCD and agrees to defend and hold IERCD harmless from all loss, cost, liability, expense, damage, or other injury, including without limitation, attorneys' fees and expenses, to the fullest extent not prohibited by applicable law. and all other costs and expenses incurred by reason of, or in any manner resulting from (i) the breach of any warranties and representations in Section 2.2, and (ii) -2- P119 all third -party claims for any intentional acts or willful misconduct by Donor related to the Property occurring prior to the Closing. 2.4 Definitions. 2.4.1 "Environmental Laws" means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as defined subsequently in this Agreement), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 U.S.C.A. §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 U.S.C.A. §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 U.S.C.A. §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 U.S.C.A. §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 U.S.C.A. §§ 1801 et seq.]; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) [7 U.S.C.A. §§ 136 et seq.]; the Clean Air Act (CAA) [42 U.S.C.A. §§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42 U.S.C.A. §§ 300f et seq.]; the Surface Mining Control and Reclamation Act of 1977 (SMCRA) [30 U.S.C.A. §§ 1201 et seq.]; the Emergency Planning and Community Right -to -Know Act of 1986 (EPCRA or EPCRTKA) [42 U.S.C.A. §§ 11001 et seq.]; the Occupational Safety and Health Act of 1970 (OSHA) [29 U.S.C.A. §§ 655, 657]; the California laws regarding the underground storage of hazardous substances [H & S C §§ 25280 et seq.]; the Hazardous Substance Account Act [H & S C §§ 25300 et seq.]; the California laws regarding hazardous waste control [H & S C §§ 25100 et seq.]; the Safe Drinking Water and Toxic Enforcement Act of 1986 [H & S C §§ 25249.5 et seq.]; the Porter -Cologne Water Quality Control Act [Wat C §§ 13000 et seq.], and any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. 2.4.2 "Hazardous Substances" includes without limitation: (i) Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; (ii) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101 ], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; -3- P120 (iii) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (iv) Any material, waste, or substance that is: a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 U.S.C.A. § 1321 or listed pursuant to 33 U.S.C.A. § 1317, a flammable explosive, or a radioactive material. 2.5 Condition of the Property. The Property shall be conveyed from Donor to the IERCD in an "AS IS" condition, without representation or warranty (except as expressly provided in Section 2.2 above), express or implied, and with all faults, and IERCD agrees that the Donor has no obligation to make modifications, replacements or improvements thereto (except as described in Section 7 below). Except as expressly and specifically provided in this Agreement, IERCD and anyone claiming by, through or under IERCD hereby waives its right to recover from and fully and irrevocably releases the Donor, and its officers, directors, employees, representatives, agents, advisors, servants, attorneys, successors and assigns, and all persons, firms, corporations and organizations acting on the Donor's behalf (collectively, the "Released Parties") from any and all claims, responsibility and/or liability that IERCD may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related condition to the Property. This release includes claims of which the IERCD is presently unaware or which IERCD does not presently suspect to exist which, if known by IERCD, would materially affect IERCD's release of the Released Parties. If the Property is not in a condition suitable for the intended use or uses, then it is the sole responsibility and obligation of IERCD to take such action as may be necessary to place the Property in a condition suitable for such use (except as described in Section 7 below). IERCD HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH IS SET FORTH BELOW: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." BY INITIALING BELOW, IERCD HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. -4- P121 HOWEVER, THE FOREGOING RELEASES AND WAIVERS SHALL NOT APPLY TO FRAUD CLAIMS OR RELEASE DONOR FROM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. IERCD's Initials The waivers and releases by IERCD herein contained shall survive the Close of Escrow and the recordation of the Grant Deed and shall not be deemed merged into the Grant Deed upon its recordation. 3. Escrow. Promptly following the execution of this Agreement, IERCD and Donor will establish an escrow ("Escrow") with First American Title Company, One Ridgegate Drive, Suite 225, Temecula, CA 92590, Attn: Debbie Fritz, Senior Escrow Office/Branch Manager (the "Escrow Agent"), subject to First American Title Company's standard escrow instructions and the terms and conditions in this Agreement, with a signed counterpart of this document to be delivered as escrow instructions to Escrow Agent. In the event of any conflict between the terms of this Agreement and the standard conditions for acceptance of escrow, the terms of this Agreement shall control. IERCD's agent for matters related to the Closing of Escrow shall be District Manager Mandy Parkes, or her designee. 4. Feasibility Period. 4.1 During the period commencing on the date of this Agreement and terminating on a date which is sixty (60) days after the date of this Agreement ("Feasibility Period"), IERCD may undertake at IERCD's expense an inspection of the Property. Said inspection may include: (i) a review of the physical condition of the Property, including but not limited to, inspection and examination of soils, environmental factors, Hazardous Substances, if any, and archeological information relating to the Property; and (ii) a review and investigation of the effect of any zoning, maps, permits, reports, engineering data, regulations, ordinances, and laws affecting the Property. Within ten (10) days after the date of full execution of this Agreement by both parties, Donor shall deliver to IERCD copies of all architectural plans, surveys, specifications, and other documents pertaining to the physical, geological, or environmental condition of the Property that are owned by or in the possession of Donor, if Donor has not already done so. 4.2 If IERCD's environmental consultant requires additional time to determine the existence and extent of any Hazardous Substances on the Property, IERCD shall have the right, exercisable by delivering written notice to Donor five (5) business days prior to the expiration of the Feasibility Period, to extend the Feasibility Period for up to an additional sixty (60) days to complete the testing. 4.3 If IERCD disapproves of the results of the inspection and review or the results of any Phase I Environmental Site Assessment Report, IERCD may elect, prior to the last day of the Feasibility Period (or any extension thereof), to terminate this Agreement by giving Donor written notification prior to the last day of the Feasibility Period (or any extension thereof). If IERCD fails to properly notify Donor of the intent to terminate this Agreement, -5- P122 IERCD shall be deemed to be satisfied with the results of the inspection and shall be deemed to have waived the right to terminate this Agreement pursuant to this provision. 5. Access. 5.1 Access to the Property during the Feasibility Period shall be given to IERCD, its agents, employees, or contractors during normal business hours upon at least one (1) business day's notice to Donor, at IERCD's own cost and risk, for any purposes related to this Agreement, including, but not limited to, inspecting the Property, taking samples of the soil, and conducting an environmental audit (including an investigation of past and current uses of the Property). IERCD shall indemnify and defend Donor against and hold Donor harmless from all claims, losses, costs, damages, liabilities, and expenses, including, without limitation, reasonable attorney fees arising out of IERCD's entry onto the Property or any activity thereon by IERCD or its agents, employees, or contractors prior to the Closing except to the extent any such claims, losses, costs, damages, liabilities, and expenses arise out of the gross negligence or willful acts of Donor. The Parties acknowledge that IERCD is insured by the Special Districts Risk Management Authority. Any entry onto the Property by IERCD or its agents, employees, or contractors shall be at reasonable times. The provisions of this Section shall survive the Closing. Notwithstanding anything herein to the contrary, IERCD and Donor agree that IERCD shall not incur any liability hereunder merely by the discovery of an "Existing Adverse Condition" (as defined below) regardless of whether such Existing Adverse Condition, once revealed, negatively impacts the value of the Property or otherwise causes Donor to incur liabilities, costs or expenses. The term "Existing Adverse Condition" shall mean an adverse condition existing on or with respect to the Property that is discovered or revealed by IERCD in the course of its Property inspection hereunder. 5.2 In addition to the provisions of Section 4.1, IERCD and its agents, employees, or contractors shall have the right, from the date of this Agreement until the Closing Date, whether or not within the Feasibility Period or any applicable extension thereof, to contact any federal, state, or local governmental authority or agency to investigate any matters relating to the Property. Donor agrees to cooperate reasonably with IERCD and its agents, employees, or contractors in the inspection of the Property and agrees to deliver to IERCD all information in Donor's possession or control pertaining to the condition of the Property, including engineering and environmental reports, studies, tests, monitoring results, and related documentation, if Donor has not already done so. 6. Title. 6.1 Immediately following the execution of this Agreement by both Parties, IERCD shall cause Escrow Agent to issue to IERCD (with a copy to Donor) a preliminary report for an ALTA Standard Policy of Title Insurance, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting Donor's title to the Property ("Preliminary Report"), together with copies of all documents relating to title exceptions referred to in the Preliminary Report. 6.2 Following the full execution of this Agreement by both Parties, IERCD may cause a survey and/or an ALTA Survey of the Property to be prepared by a registered surveyor or professional engineer ("Survey"), at IERCD's expense. Donor agrees to deliver to -6- P123 IERCD, promptly following the full execution and delivery of this Agreement, copies of any prior survey of the Property in the possession of Donor, if Donor has not already done so. 6.3 IERCD shall approve or disapprove, in writing to Donor with a copy to Escrow Agent, each exception shown on the Preliminary Report and each encroachment, overlap, or boundary line dispute, or any other matter that materially and adversely affects title to the Property or that violates any law, rule, or regulation reflected on the Survey (each an "Exception") within twenty (20) business days following the receipt of the Preliminary Report or the Survey, whichever is later. IERCD's failure to object within the twenty (20) day period shall be deemed to be a disapproval of the Exceptions. The Exceptions approved by IERCD hereunder shall be referred to as the "Approved Exceptions." 6.4 If any Exception is disapproved or deemed ' disapproved (each a "Disapproved Exception"), Donor shall have the right, but not the obligation, within thirty (30) days following expiration of the twenty (20) day period provided under Section 6.3 above, to cause each Disapproved Exception to be discharged, satisfied, released, or terminated, as the case may be, and in a form that is reasonably satisfactory to IERCD and Escrow Agent, all at Donor's sole cost and expense. Donor agrees to deposit into Escrow the sum sufficient to discharge any Disapproved Exception that may be discharged only by the payment of money. If Donor is unable or unwilling to obtain a discharge, satisfaction, release, or termination of any Disapproved Exception within the period specified above, then this Agreement shall automatically terminate ten (10) business days after expiration of the 30 -day period for curing the Disapproved Exceptions or after Donor advises IERCD in writing that Donor is unable or unwilling to cause such discharge, satisfaction, release, or termination, whichever occurs first, unless within such 10 -business -day period IERCD waives in writing such Disapproved Exception, in which event such Disapproved Exception shall be deemed an Approved Exception under this Agreement and this Agreement shall not terminate pursuant to this sentence. If this Agreement terminates pursuant to the foregoing sentence, then Donor shall pay all charges of the Escrow Agent in connection with this transaction, including the charges of the surveyor and environmental engineering company; and the Parties shall be relieved of all further obligations and liabilities to each other under this Agreement except as otherwise provided herein, and all funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing Party. Anything above to the contrary notwithstanding, it is understood and agreed that IERCD's indemnity obligations under Section 5 shall not terminate upon termination of this Agreement pursuant to this or any other provision hereof. 7. Installation of Markers. Donor shall install survey markers at the corners of the Property prior to the Closing Date in accordance with San Bernardino County survey marker standards. 8. Closing. 8.1 Title. Simultaneously with the Closing, Escrow Agent shall issue an ALTA Standard Policy of Title Insurance (formerly referred to as a CLTA Title Policy) ("Title Policy") in the amount of $680,000, subject only to (i) liens for real property taxes, bonds, and assessments not then due, and (ii) the Approved Exceptions, as designated by way of the procedures described in Sections 6.3 and 6.4, above. -7- P124 8.2 Donor's Deposits into Escrow. Donor shall deposit with Escrow Agent on or prior to the Closing the following documents: (i) a grant deed in the form attached hereto as Exhibit "B" executed and acknowledged by Donor, conveying to IERCD fee simple title to the Property, subject only to the Approved Exceptions, as designated by way of the procedures described in Sections 6.3 and 6.4, above; (ii) an executed copy of the Access Easement required by Section 9(vi). (iii) all funds required to be placed in escrow by Donor under the terms of this Agreement; and (iv) Donor's approval of the draft of Escrow Agent's closing statement. 8.3 IERCD's Deposits into Escrow. Prior to Closing, IERCD shall deposit with Escrow Agent IERCD's approval of the Survey, if any, IERCD's approval of the draft of Escrow Agent's closing statement, and an executed copy of the Access Easement required by Section 9(vi). 8.4 Closing Date. The conveyance of the Property to IERCD and the closing of this transaction ("Closing") shall take place within one hundred twenty (120) days ("Closing Date") following the establishment of an Escrow pursuant to Section 3 of this Agreement. However, if the Feasibility Period, as discussed in Section 4, is extended by IERCD by sixty (60) days as prescribed therein, then Closing shall also be extended sixty (60) days. Closing may also be extended by written agreement of the Parties at any time. 8.5 Closing Statements. No more than two days prior to the Closing Date, Escrow Agent shall deliver to IERCD and to Donor, for their respective approvals, drafts of Escrow Agent's closing statement showing proposed receipts and disbursements of the Escrow. 8.6 Closing Instructions. On the Closing Date (or any extension thereof), Escrow Agent shall close Escrow as follows: Bernardino County Recorder; (i) record the Deed (marked for return to IERCD) with the San (ii) issue the Title Policy; (iii) prorate taxes, assessments, rents, and other charges as provided in Section 8.7 below; (iv) record the Access Easement required by Section 9(vi); (v) prepare and deliver signed copies of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow to both IERCD and Donor; and -8- P125 (vi) If Escrow Agent is unable to perform all of the instructions set forth above prior to or on the Closing Date, Escrow Agent shall notify IERCD and Donor and retain all funds and documents pending receipt of further instructions jointly issued by IERCD and Donor. 8.7 Closing Costs and Prorations. The Parties understand that there shall be no governmental conveyancing fees and taxes due upon transfer of the Property pursuant to Revenue and Taxation Code Section 11922. The Parties further understand that there shall be no recording charges in connection with recordation of the Deed pursuant to Government Code Section 27383 because the Deed is for the benefit of a public agency. Donor and IERCD shall agree to evenly split the following closing costs through the Closing: (i) All charges in connection with issuance of the Title Policy in the amount of $680,000; and (ii) All fees and charges levied by Escrow Agent. 8.8 Real Estate Taxes, Bonds. and Assessments. IERCD understands that the Donor is exempt from real property taxes. All installments of any bond, assessment, or past due real property taxes that constitutes a lien on the Property at the Closing shall be paid by Donor. 8.9 Possession. Possession of the Property shall be delivered to IERCD at the Closing. 9. Acceptance. The acceptance of the Property by IERCD, as embodied by IERCD's execution of the Certificate of Acceptance, and the Closing of Escrow (as defined in Section 8) are subject to the satisfaction of the following no later than the Closing Date: (i) IERCD's approval of the condition of the Property as provided in Section 4 and title to the Property as provided in Section 6; (ii) The representations and warranties of Donor set forth in Section 2.2 shall be true and accurate as of the Closing Date; (iii) Donor's performance of all obligations under this Agreement; (iv) No adverse material change shall have occurred with respect to the condition of the Property from the end of the Feasibility Period through the Closing Date; (v) Escrow Agent being prepared to issue the Title Policy on the Closing, subject only to the Approved Exceptions; and (vi) Donor shall arrange for the granting of an access easement through the adjacent property in a form approved by the IERCD ("Access Easement"). 10. The performance by IERCD of its obligations under this Agreement shall relieve IERCD , upon Closing, of any and all further obligations or claims on account of the acceptance -9- of the offer of dedication. IERCD agrees to use the Property for the purposes of preservation, restoration, and enhancement of native species and their habitats and prevent any use of the Property that will impair or interfere with such purposes. 11. This Agreement and Escrow may be terminated by IERCD upon three (3) days' written notice to Donor and Escrow Agent if the conditions to closing set forth in Section 9 relating to Donor have not been fulfilled on or before the Closing Date. Upon termination by IERCD pursuant to this Section, Donor shall be responsible for all costs and expenses of Escrow Agent if the Agreement and Escrow is terminated due to a default by the Donor. 12. As used in this Agreement, notice includes but is not limited to, the communication of any notice, request, demand, approval, statement, report, acceptance, consent, waiver or appointment. All notices must be in writing. Notice is given either (i) when delivered in person to the person or company intended named below, (ii) when delivered via certified mail (return receipt requested; or (iii) when sent via reputable overnight courier (such as Federal Express), addressed by name and addressed to the party or persons intended, as follows: To IERCD: With copy to: To Donor: With copy to: until such time as a party gives notice of the this section. 13. This Agreement shall not be written consent of the Parties hereto. Inland Empire Resource Conservation District 25864-K Business Center Drive Redlands, CA 92374 Phone: (909) 799-7407 Attention: Executive Director Best Best & Krieger LLP 3390 University Avenue, 5th Floor Riverside, CA 92501 Phone: (951) 686-1450 Attention: Steve Anderson City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 92730 Phone: (909) 477-2700 Attention: City Manager Richards Watson Gershon, a Professional Corporation 1 Civic Center Circle P.O. Box 1059 • Brea, CA 92822-1059 Phone: (714) 990-0901 Attention: James L. Markman change of address in accordance with the terms of changed, modified or amended except upon the -10- P126 P127 14. This Agreement is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the matters herein contained. This Agreement supersedes any and all other prior agreements and understandings, oral or written, in connection therewith. No provision contained herein shall be construed against IERCD solely because it prepared this Agreement in its executed form. 15. The Parties, their assigns and successors in interest, shall be bound by all the terms and conditions contained in this Agreement. 16. This Agreement is not binding until executed by the President of the Board of Directors of IERCD. 17. Notwithstanding any other provision of this Agreement or any other agreement between any of the Parties hereto, once the Property is conveyed to and accepted by IERCD pursuant to this Agreement, IERCD shall have no obligation to return the Property to the Donor under any circumstances, except in the sole and exclusive discretion of IERCD. 18. If for any reason any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement. If any provision of this Agreement shall be held invalid or unenforceable in part, such invalidity or unenforceability shall in no way affect the rest of such provision not held so invalid, and the rest of such provision, together with all other provisions of this Agreement, shall to the full extent consistent with law continue in full force and effect 19. This Agreement has been drafted and negotiated in California and shall be governed by and construed in accordance with the laws of the State of California, excluding those provisions pertaining to conflict of laws. 20. Each person signing this Agreement warrants and represents that they have the proper authority and power to execute this Agreement for the party on whose behalf this Agreement has been signed. 21. This Agreement may be executed and transmitted by .pdf or .tif digital file format, in which case the .pdf or .tif copy and the signature set forth thereon shall be deemed to be an original, and shall have the same legal force as an original. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN THE WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly -authorized representatives on the date and year written above. CITY OF RANCHO CUCAMONGA, a Inland Empire Resource Conservation District California municipal corporation By: By: Tim Johnson, Director L. Dennis Michael, Mayor Board of Directors -11- P128 ATTEST: ATTEST: By: By: City Clerk District Manager APPROVED AS TO FORM: By: City Attorney -12- P129 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Real property in the City of Fontana, County of San Bernardino, State of California. described as follows: DOU PROPERTY (APNs 0226-401-01 and 0226-421-07) PARCEL NO. 1: THE WEST 30 ACRES OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 14. TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF LOS ANGELES BY DEED RECORDED AUGUST 19, 1987, INSTRUMENT NO. 87-286120, OFFICIAL RECORDS. AND ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO CASTLE RISING, LLC BY GRANT DEED RECORDED JANUARY 17, 2006 AS INSTRUMENT NO. 2006-0031778 OF OFFICIAL RECORDS AND BY CORRECTION DEED RECORDED SEPTEMBER 28, 2007 AS INSTRUMENT NO. 2007-0553147 OF OFFICIAL RECORDS. PARCEL NO. 2: AN EASEMENT FOR THE CONTINUED USE AND MAINTENANCE OF AN EXISTING CONCRETE WATER TUNNEL AT A SUBSURFACE DEPTH OF APPROXIMATELY 100 FEET, AND RIGHTS TO THE WATER THEREIN, AS RESERVED IN THE DEED TO THE CITY OF LOS ANGELES RECORDED AUGUST 19, 1987, INSTRUMENT NO. 87-286120, OFFICIAL RECORDS. PARCEL NO. 3: AN EASEMENT FOR ACCESS AND PUBLIC UTILITY PURPOSES, AS RESERVED IN THE DEED TO THE CITY OF LOS ANGELES, FOR THE BENEFIT OF AND APPURTENANT TO THE PROPERTY HEREIN DESCRIBED, AS RESERVED IN THE DEED TO THE CITY OF LOS ANGELES, RECORDED AUGUST 19, 1987, INSTRUMENT NO. 87-286120, OFFICIAL RECORDS. -13- P130 CLARK PROPERTY (APNs 0226-061-16 and 0226-061-62) PARCEL NO. 1: THAT PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, LYING NORTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN STRIP OF LAND, 450 FEET IN WIDTH, AS CONVEYED TO THE CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, BY DEED RECORDED AUGUST 19, 1987, INSTRUMENT NO. 87- 286120, OFFICIAL RECORDS. PARCEL NO. 1 A: AN EASEMENT FOR THE CONTINUED USE AND MAINTENANCE OF AN EXISTING CONCRETE WATER TUNNEL AT A SUBSURFACE DEPTH OF APPROXIMATELY 100 FEET, AND RIGHTS TO THE WATER THEREIN, AS RESERVED IN THE DEED TO THE CITY OF LOS ANGELES RECORDED AUGUST 19, 1987, INSTRUMENT NO. 87-286120, OFFICIAL RECORDS. PARCEL NO. 1B: AN EASEMENT FOR ACCESS AND PUBLIC UTILITY PURPOSES, AS RESERVED IN THE DEED TO THE CITY OF LOS ANGELES, FOR THE BENEFIT OF AND APPURTENANT TO THE PROPERTY HEREIN DESCRIBED, AS RESERVED IN THE DEED TO THE CITY OF LOS ANGELES, RECORDED AUGUST 19, 1987, INSTRUMENT NO. 87-286120, OFFICIAL RECORDS. -14- EXHIBIT B FORM OF GRANT DEED Recorded at request of and return to: Inland Empire Resource Conservation District 25864-K Business Center Drive Redlands, CA 92374 Attn: District Manager APN: 0226-401-01, 0226-421-07, 0226-061- 62, 0226-061-16 (Space above this line reserved for Recorder's use) FREE RECORDING — This instrument is for the benefit of the Inland Empire Resource Conservation District, and is entitled to be recorded without fee. (Gov. Code, § 27383) GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF RANCHO CUCAMONGA, a California municipal corporation, herein called "Grantor", hereby GRANTS to INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, a governmental special district ("Grantee"), the real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as: See Exhibit "A" attached hereto and made a part hereof, subject to all matters of record and matters visible upon inspection. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date of the notary acknowledgment attached hereto. CITY OF RANCHO CUCAMONGA, a California municipal corporation L. Dennis Michael, Mayor -15- P131 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On ) ) P132 , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -16- P133 CERTIFICATE OF ACCEPTANCE This is to certify that the real property conveyed by CITY OF RANCHO CUCAMONGA, a California municipal corporation, on the Grant Deed dated , 2017, to the INLAND EMPIRE RESOURCE CONSERVATION DISTRICT (Grantee), is hereby accepted by the undersigned officer on behalf of the Grantee, pursuant to authority conferred by resolution of the Board of Directors adopted on , 2017, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: , 2017 GRANTEE: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On ) ) INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, a governmental special district By: Tim Johnson, Director Board of Directors, Inland Empire Resource Conservation District , before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -17- P134 DATE: TO: June 7, 2017 Mayor and Members of the City Council STAFF REPORT FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager / Acting Community Services Directo Lonnie Shipman, Community Services Superintendent SUBJECT: CONSIDERATION OF SECOND READING OF ORDINANCE NO. 908 AMENDING CHAPTER 12.04.010 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AS IT RELATES TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SPECIFICALLY DESIGNATED PARK AND OTHER RECREATION FACILITIES. RECOMMENDATION: Staff recommends the City Council conduct second reading of Ordinance No. 908 Amending Chapter 12.04.010 of the Rancho Cucamonga Municipal Code as it relates to possession and consumption of alcoholic beverages at specifically designated park and other recreation facilities. BACKGROUND: The Rancho Cucamonga Municipal Code allows for the open container of an alcoholic beverage and consumption of an alcoholic beverage at specific recreation facilities and parks: LoanMart Field at the Rancho Cucamonga Sports Complex; David Drier Hall, Rancho Cucamonga Hall, and Mesa Courtyard at Central Park; and throughout various rooms and spaces at the Victoria Gardens Cultural Center. The Municipal Code is specific to the requirements of requiring insurance, security and all ABC liquor license laws are followed as needed. Currently, the Community Services Department requires a licensed bartender at all rentals where alcohol is served. The Community Services Department receives numerous requests by interested renters to hold events at additional recreation facilities where alcohol cannot be possessed and consumed. ANALYSIS: Second reading of Ordinance 908 is the next step toward adopting the proposed changes to the Municipal Code to allow for the possession and consumption of alcoholic beverages at additional recreation facilities, and the expansion of locations and rooms at currently approved facilities and parks. Addressed in Section 12.04.010, items B1, B2, B3 and B5 of Attachment 1, Ordinance No. 908, the following changes are recommended: any facility leased to a private party located at the Epicenter Adult Sports Complex; the Rancho Cucamonga Family Sports Center at the Rancho Cucamonga Sports Complex; Creative Corner room at Central Park; the Brookside room at Lions West Community Center exclusively on Saturday and Sunday only; the Regina room at Lions East Community Center exclusively on Saturday and Sunday only. Page 1 of 2 P135 FISCAL IMPACT: Anticipated overall increase in revenue for use of City facilities. All additional staffing costs incurred as a result of increased rentals are passed on to renter per current fee resolution. COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Attachment 1 — Ordinance No. 908 (with proposed changes) Page 2 of 2 P136 ORDINANCE NO. 908 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 12.04.010 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AS IT RELATES TO POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SPECIFICALLY DESIGNATED PARK AND OTHER RECREATION FACILITIES. The City Council of the City Of Rancho Cucamonga does ordain as follows: Section 1. Section 12.04.010. of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "B. Possess an open container of an alcoholic beverage or consume any alcoholic beverage, except as follows: 1. Beer and wine that is sold within the interior of the stadium building located in the sports complex on the west side of Rochester Avenue, south of Foothill Boulevard, or any other facility leased to a private party at the Epicenter Adult Sports Complex. 2. Beer and wine that is sold within the interior of the Rancho Cucamonga Sports Center, during city -permitted or -operated functions, so long as city -required insurance and security is provided, and, if required by state law, an ABC liquor license is first obtained and proof thereof provided to the city; 3. In the following areas of the James L. Brulte Senior Center and Goldy S. Lewis Community Center in Central Park: The David Dreier Hall, the Rancho Cucamonga Hall, the Creative Corner room, the Mesa Courtyard, and in any lobby and patio area immediately adjacent to these areas, during city - permitted or -operated functions, so long as city -required insurance and security is provided, and, if required by state law, an ABC liquor license is first obtained and proof thereof provided to the city; 4. In the Victoria Gardens Cultural Center, including Celebration Hall and adjoining patio and lobby, Lewis Family Playhouse and adjoining lobby and mezzanine, Studio Theatre, Imagination Courtyard and Library Main Street during city -permitted or -operated functions, so long as city -required insurance and security is provided, and, if required by state law, an ABC liquor license is first obtained and proof thereof provided to the city; 5. In the following areas of Lions Park: the Brookside room at the Lions West Community Center, the Regina room at the Lions East Community Center; exclusively on Saturday and Sunday only, and only during city -permitted or -operated functions, so long as city -required insurance and security is provided, and, if required by state law, an ABC liquor license is first obtained and proof thereof provided to the city; by law. 6. Within any other areas in city parks specifically permitted city council resolution, otherwise Section 2. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this 7th day of June 2017. ATTACHMENT 1 CITY OF RANCHO CUCAMONGA June 07, 2017 City Council Meeting ITEM 11: Verbal Update by Southern California Gas Company on the Archibald (near La Gloria and Jadeite Streets) Gas Leak Cleanup. Thank you, The City Clerk's Office Rancho Cucamonga Leak Repair and Extraction City Council Meeting June 7, 2017 SoCalGas A A)Sempra Energy utility� 1 Glad to be of service.® Timeline for Rancho Cucamonga Gas Leak Repair, Extraction and Monitoring May 9, 2017 SoCalGas makes repair to 3" gas line and begins to extract residual natural gas in the ground. 71M May 8, 2017 SoCalGas responds to suspected natural os leak approx . 8:00 PM May 12-14, 2017 SoCalGas crews continued to extract natural gas with Internal Combustion Extraction Unit. May 18-21, 2017 SoCalGas crews resume extraction of natural gas with Internal Combustion Extraction Unit May 10-11, 2017 SoCalGas continues to extract natural gas. May 15 17, 2017 Crews remove internal Combustion Extraction Unit, observe increase in methane levels. MAY 22, 2017 GEM unit 1 & 2 mobilized extracting gas started approx. at 5 and 9 P.M. May 2,2017 SoCalGas hires third party environmental consulting group, Geosyntec, to bring in additional equipment for larger extraction effort May 26, 2017 Rebound test successful on Archibald Unit 2 May 27, 2017 First GEM Unit 2 Geosyntec machine demobilized and removed from site. East side of Archibald cleared of natural gas. May 28, 2017 Unit 1 on La Gloria continues to operate June 2&5,2017 Geosyntec conducts indoor air testing in residents' homes, finds normal readings. GEM - The GEM unit is a thermal oxidizer that extracts gas from the ground and safely burns it off. This process is very similar to the process that occurs inside a residential furnace where the natural gas is burned, heating the air that is then circulated through the home to warm the home interior. SoCalGas o C a a s A Sempra Energy utility" Glad to be of service.® RANCHO CUCAMONGA LEAK REPAIR AND EXTRACTION MONITORING LOCATIONS RANCHO LEAK BELOW THE PIPE EXTRACTION WELL TYPICAL NATURAL GAS LEAK _dal MSoCalGas A Sempra Energy utirty` 3 Glad to be of service.® About the Extraction Equipment The thermal oxidizer units at the Rancho Cucamonga site are vacuuming residual natural gas in the ground using vapor extraction wells. 20 extraction wells have been installed at depths ranging from 5-20 feet The extracted natural gas is safely burned off. This process is very similar to the process that occurs inside a residential furnace. This is a common practice and does not pose any health or safety concerns to the community or environment. So C a I a s A Sempra Energy uti�ity� 4 Glad to be of service.® Next Steps - Gas Line Replacement Sail Vapor Probe (5 ft hgs) 1 Extraction Well (10 ft Ings) ! Extraction Well (20 ft bgs) Bar Hole Survey Point Repaired Gas Leak Gas Distribution Pipes Lateral Gas Line Replacement R bgs = feet below ground surface All Locations are Approximate. These are locations for monitoring gas concentrations in the subsurface. Monitoring results are not indicative of surface or ambient methane levels. 50 25 Q 50 Fee: S o C a I G a s A Sempra Energy utility' 1 �� • i31110 *-P4t3 UNIT 1 La Gloria Dr Archibald Ave 2Vi-4.1 4 1� ILA Glad to be of service.® Next Steps - Reported Distressed Vegetation f 1] • A w a) La Gloria Dr Reported Distressed Vegetation Soil Vapor Probe (5 ft bgs) Extraction Well (10 ft bgs) Extraction Well (20 ft bgs) Bar Hole Survey Point Repaired Gas Leak Parcel Boundary Gas Distribution Pipes o. ft bgs = feet below ground surface All Locations are Approximate. These are locations for monitoring gas concentrations in the subsurface. Monitoring results are not indicative of surface or ambient methane levels. 70 35 0 70 Feei SoCalGas ASempraEnergy utirty` 6 Glad to be of service.® Updates on SoCalGas.com MSoCalGas A eempra Energy Luny' Report a Gas Leak En Espanoi Contact Us Search Help Center Log In/Register r -'S1 Pay 6111 Schedule Service O Newsroom Rancho Cucamonga Stay Safe Save Money & Energy For Your Business Smart Energy Our Community Natural Gas Extraction Update Latest News (as of 12:00 p.m. Tuesday, June 6, 2017) • SoCalGas crews made significant progress over the weekend extracting natural gas from the soil near Archibald Ave., La Gloria Dr., and Jadeite Ave. The ongoing work does not present a safety or health risk to the community. • The extraction unit located at La Gloria Dr. and Jadeite Ave. continues to operate and is expected to remain on until we have satisfactory readings at all monitoring points. • Yesterday an additional extraction unit was placed on Lemon Ave. at Archibald Ave. where the gasline main was replaced in May. It is common for low levels of residua( gas to occur after such line replacements, and these low levels of gas are being extracted. • There is no indication that indoor methane levels are above normal levels. Last week, SoCalGas offered nearby SoCalGas A Sempra Energy utility' 7 Report a Gas Leak If you suspect a gas leak or pipe damage, evacuate the area and call us from a safe location. 1-N0-427.22011 Glad to be of service.® For more information visit socalgas.com/newsroom/rancho-Cucamonga https://www.cityofrc. us/news Questions? M D 0 a as A A)SempraEnergy utility' 8 Glad to be of service.® CITY OF RANCHO CUCAMONGA June 07, 2017 City Council Meeting Correspondence/ Item Attachments Submitted at the Meeting Thank you, The City Clerk's Office June 5, 2017 6/6/17- Transmitted via email: dhaines@semprautilities.com and overnight mail Ms. Deana Haines Sempra Energy 555 W. 5th Street Los Angeles, CA 90013 Attn: Ms. Deanna Haines Dear Ms. Haines: Thank you for your meeting with our representative, Mr. Robert Hansen of ALTA EM, Inc., on 6/5/17. As a follow-up to the issues discussed during that meeting, we are requesting the following: • Laboratory results of any ambient air samples, or exhaust/outlet samples from the soil gas extraction oxidizers, which have been collected between the start of the project and present. This was previously requested at the neighborhood meeting on 5/24/17, but no information was provided. • Brief, regular update meetings ever other day with our designated representative, to be attended by a senior supervisor of Sempra Energy knowledgeable of the cleanup activities, and a technical representative with knowledge of the subsurface conditions and operations of the soil gas extraction equipment These regular meetings were requested on Wed 5/31/17, but we had not gotten a commitment until today. Thank you. • Updated natural gas concentrations from the wells, soil vapor monitoring points and bar holes prior to future, update meetings (beyond the 6/3/17 data already received). • There has been a great deal of uncertainty during the assessment and mitigation efforts over the past four weeks regarding the location of leaked subsurface natural gas, requiring numerous expansions and revisions to the cleanup efforts, areas and depths, as well as the new testing of lines for leakage. To assess and confirm the adequacy of the on-going natural gas cleanup, and to provide advance warning of a potential rebound of residual, or previously undetected, natural gas in the shallow subsurface, or its potential upward movement toward outdoor/indoor surface air, we are requesting your agreement to complete cleanup confirmation monitoring for a minimum period of six weeks following removal of the last soil gas extraction equipment. Wells should be monitored for natural gas concentrations at least three times per week, and our representative allowed to witness and record these readings, or collect their own split readings. We request the following subset of wells and soil gas points, at a minimum, be retained in a covered/sealed condition that allows for these future readings: EW -17, EW -11, EW -12, EW -13, EW -14, EW -4, EW -2, EW -15, EW -5, EW -6, EW -7, EW -8, SVP -5, SVP -3, SVP -2, SVP -1A, SVP- 11 & SVP -6. We do not believe monitoring only shallow bar holes is adequate for these purposes, as has been suggested by Sempra Energy representatives. • In consideration of the lack of environmental regulatory agency oversight re. the subsurface conditions and subsurface cleanup activities, and concerns with consistency of information regarding past activities, we have needed to retain an independent environmental consultant. This has caused additional burden, and we are requesting your agreement to reimburse us for the costs associated with this environmental representation. • It has been previously communicated that the criteria for ceasing active cleanup activities will be 0.5% natural gas in the shallow subsurface (measured at sub -slab or similar depth). Please confirm this cleanup criteria. Thank you for your on-going efforts and assistance with this difficult matter. Very Truly Yours mi e_s HiQ �e�ecce lDc v).2s Leit°117 -17 Janet C. Luke 6245 Archibald Ave Rancho Cucamonga, CA 91737 June 7, 2017 City of Rancho Cucamonga Mayor City Council Please help our Archibald Community. Our household has been under extreme mental stress caused by the on going gas leak and extraction on Archibald Ave. We fear the quality of life has deteriorated due to this problem. Constant noise, heavy equipment, street disruptions, and concern for residual gas in the air with possible medical consequences are major concerns. The Southern California Gas Company employees have bombarded us with confusing and misleading facts resulting from misinformation. They did not inform us about the gas extraction until 2 weeks later after they started. We continue to ask for updates daily. The whole situation has been such a nuisance to us and our community. This incident was caused by the Southern California Gas Company not checking an old gas line in our street and could have been alleviated by better quality control techniques. We now fear lower property values because of the gas company mistakes. They are not willing to write us a letter of restitution and repairs done. Several of us have filed nuisance complaints with AQMD. Sincerely, Janet (-4 P6• A +4 * .4 OF .w P137 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Planned Communities Citizens' Oversight Committee y Lori Sassoon, Deputy City Manager/Administrative Service Tamara L. Layne, Finance Director �p Noah M. Daniels, Finance Manager Kip SUBJECT: SUMMARY OF REVIEW OF RESULTS OF ANNUAL INDEPENDENT AUDIT OF LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA FOR FISCAL YEAR 2015/16 RECOMMENDATION: Staff recommends that the City Council receive and file the results of the Committee's review of the annual independent audit of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda (collectively "the Districts") for Fiscal Year 2015/16. BACKGROUND: Established by Resolution 13-079, the Planned Communities Citizens' Oversight Committee is made up of five members of the public that reside, and own property, within the Districts, and do not serve on any other standing City Commission or Committee. A primary purpose of the Committee is to review the annual audit after it is prepared and report the results of its review to the City Council and the community on an annual basis. The Committee has neither budgetary nor operational decision-making authority, nor the authority to allocate financial resources or direct staff. ANALYSIS: At its meeting of April 18, 2017, Tamara Layne, Finance Director, and Frank North, Senior Audit Manager, from the accounting firm of Lance, Soli & Lunghard LLP, provided the results of the annual audit of the Districts. The reports generated from the audit include: • Statement of Revenues, Expenditures and Changes in Fund Balances for the Districts for the year ended June 30, 2016 • Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters • Audit Communication Letter Page 1 of 2 P138 The auditor provided an overview for how they consider internal controls when determining the appropriate audit procedures to express an opinion about whether the Districts' financial report is free from material misstatement. As these processes were reviewed, the Committee discussed the audit process, and how the City ensures that funds collected for the Districts are spent for the operations. The staff from the City's Finance Department and the auditor confirmed that the revenues received were accurately recorded and were expended for the maintenance and operations of the Districts. The Committee noted that, in accordance with the law, the City accounts for each individual district's revenue and expenditures in separate funds. The auditor also communicated information about their professional responsibilities, which includes communication about significant aspects of the audit and other matters. Staff is pleased to inform the Council that there were no audit findings, misstatements identified during the audit, or other difficulties in performing the audit. FISCAL IMPACT: There is no fiscal impact. COUNCIL GOAL ADDRESSED: MID AND LONG RANGE PLANNING Develop a fiscal sustainability plan for the City's special districts — this continues the Committee's responsibility for providing additional financial oversight of the Districts. ATTACHMENTS: Attachment 1 — Statement of Revenues, Expenditures and Changes in Fund Balances for the Districts for the year ended June 30, 2016 Attachment 2 — Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Attachment 3 — Audit Communication Letter Page 2of2 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2016 P139 Attachment 1 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2016 P140 Attachment 1 P141 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA YEAR ENDED JUNE 30, 2016 TABLE OF CONTENTS Page Number INDEPENDENT AUDITORS' REPORT 1 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES 3 NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES 4 Attachment 1 P142 INDEPENDENT AUDITORS' REPORT To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Report on the Statement of Revenues, Expenditures and Changes in Fund Balances We have audited the accompanying statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6 Caryn Community and #7 North Etiwanda of the City of Rancho Cucamonga (collectively, the Districts), for the year ended June 30, 2016, and the related notes to statement of revenues, expenditures and changes in fund balances as listed in the table of contents. Management's Responsibility for the Statement of Revenues, Expenditures and Changes in Fund Balances Management is responsible for the preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of statement of revenues, expenditures and changes in fund balances that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on the statement of revenues, expenditures and changes in fund balances based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the State Controller's Minimum Audit Requirements for California Special District. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of revenues, expenditures and changes in fund balances are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the statement of revenues, expenditures and changes in fund balances. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the statement of revenues, expenditures and changes in fund balances, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the statement of revenues, expenditures and changes in fund balances. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Attachment 1 LSL:: To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Opinions In our opinion, the statement of revenues, expenditures and changes in fund balances referred to above present fairly, in all material respects, the respective financial position of the revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6 Caryn Community and #7 North Etiwanda of the City of Rancho Cucamonga for the year ended June 30, 2016, in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 29, 2016, on our consideration of the Districts' internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Districts' internal control over financial reporting and compliance. 7eita, Jet Se -4444 01?4*561 Brea, California November 29, 2016 2 P143 Attachment 1 P144 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2016 Revenues: Taxes Intergovernmental Charges for services Use of money and property Contributions from City Landscape Maintenance District #2 Victoria $ 3,214,343 122,924 3,531 47,265 328,570 Total Revenues 3,716,633 Expenditures: Current: Community development: Personnel services Operating costs: Operations and maintenance Contract services Tree maintenance Utilities Assessment administration General overhead allocation lnterfund allocation Total Expenditures 803,689 62,769 1,169,293 130,560 721,133 34,870 223,250 75,020 3,220,584 Excess (Deficiency) of Revenues Over (Under) Expenditures 496,049 Net Change in Fund Balances Fund Balance, Beginning of Year Fund Balance, End of Year See Notes to Financial Statements 496,049 2,808,796 $ 3,304,845 3 Landscape Maintenance District #4R Terra Vista $ 2,840,277 3,142 60,005 2,903,424 854,624 113,936 560,747 70,583 290,370 22,990 179,300 2,092,550 810,874 810,874 3,616,478 Landscape Maintenance District #6R Caryn Community $ 471,484 4,014 475,498 16,786 8,208 197,136 35,650 98,370 7,020 23,840 387,010 88,488 88,488 228,557 $ 4,427,352 $ 317,045 Landscape Maintenance District #7 North Etiwanda $ 915,528 602 40,729 50,000 1,006,859 179,834 26,447 293,343 6,950 272,462 15,430 72,200 866,666 140,193 140,193 824,775 $ 964,968 Attachment 1 P145 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES JUNE 30, 2016 Note 1: Description of the Reporting Entity The City of Rancho Cucamonga was incorporated on November 30, 1977, under the laws of the State of California and enjoys all the rights and privileges applicable to a General Law City. It is governed by an elected five -member board. The City of Rancho Cucamonga, California, has formed certain maintenance districts and authorized the levy of assessments pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). The City levies annual assessments to finance the costs and expenses necessary for maintenance and improvements in each assessment district. The City cannot levy and collect annual assessments within an assessment district without complying with the procedures specified in the Landscaping and Lighting Act of 1972. On an annual basis, an Engineer's Report must be prepared for each assessment district which contains a full and detailed description of the improvements and the proposed assessments upon assessable lots and parcels of land within the district. The City Council must also adopt a resolution of intention which: Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein. Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. Refers to the assessment district by its distinctive designation and indicates the general location of the district. Refers to the Engineer's Report for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. States whether the assessment is proposed to increase from the previous year. The improvements for the maintenance districts include, but are not limited to turf, ground cover, planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation controllers, hardscapes, entry signs, sound walls, and all associated appurtenant facilities. A description of the specific improvements to be maintained and serviced within each assessment district is set forth in the Annual Engineer's Report. Maintenance may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Service may include the furnishing of electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Attachment 1 4 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA P146 NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (CONTINUED) JUNE 30, 2016 Note 1: Description of the Reporting Entity (Continued) The accompanying statement of revenues, expenditures and changes in fund balances contains information relative only to the Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda of the City of Rancho Cucamonga, which are an integral part of the City of Rancho Cucamonga. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) was formed in 1982 and consists of 5,859 single family homes, 559 condominiums, 589 multi -family units, 42.33 acres of commercial/industrial, 70.27 acres of public service parcels, and 48.01 acres of vacant land, six parks, and trails. On June 5, 2013, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: Single family home Condominium unit Multi -family unit Commercial/industrial parcel per acre Public service parcel per acre Undeveloped parcel per acre Fiscal year Fiscal year Percentage 2015-16 2016-17 Change $ 464.97 $ 476.19 342.18 350.65 325.47 333.33 2,198.04 2,251.08 126.81 129.87 92.99 95.24 2.41% 2.48% 2.41% 2.41% 2.41% 2.42% Landscape Maintenance District No. 4R (LMD 4R) was formed in 1984 and consists of 2,652 single family homes, 1,395 condominiums, 3,641 multi -family, 35.41 acres of schools, 176.28 acres of commercial/industrial, and 77.96 acres of vacant land. On December 2, 2009, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: Single family home Condominium unit Multi -family unit Commercial/industrial parcel per acre Undeveloped parcel per acre School parcel per acre Fiscal year Fiscal year Percentage 2015-16 2016-17 Change $ 408.21 $ 418.05 326.57 334.44 285.75 292.64 1,326.68 1,358.66 102.05 104.51 102.05 104.51 2.41% 2.41% 2.41% 2.41% 2.41% 2.41% Landscape Maintenance District No. 6R (LMD 6R) was formed in 1986 and consists of 963 single family homes in Zone 1, 310 single family homes in Zone 2, 5.35 acres of schools, and 0.54 acres of vacant land. On September 1, 2010, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: Fiscal year Fiscal year Percentage 2015-16 2016-17 Change Single family home - Zone 1 Single family home - Zone 2 School parcel per acre Undeveloped parcel per acre $ 393.17 $ 402.65 294.88 301.99 98.29 100.66 98.29 100.66 2.41% 2.41% 2.41% 2.41% Attachment 1 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (CONTINUED) JUNE 30, 2016 Note 1: Description of the Reporting Entity (Continued) Landscape Maintenance District No. 7 (LMD 7) was formed in 1989 and currently consists of 2,969 single family homes. The assessment rates are as follows: Single family home Fiscal year Fiscal year Percentage 2015-16 2016-17 Change $ 307.05 $ 307.05 0.00% Note 2: Measurement Focus, Basis of Accounting and Financial Statement Presentation The statement of revenues, expenditures and fund balances is reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are generally recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Assessment Revenue Assessment revenue is recognized on the modified accrual basis, that is, in the fiscal year for which the assessments have been levied providing they become available. Available means then due, or past due and receivable within the current period and collected within the current period or expected to be collected soon enough thereafter to be used to pay liabilities of the current period. The County of San Bernardino collects the assessments for the Landscape Maintenance Districts. Assessment liens attach annually as of 12:01 A.M. on the first day in January proceeding the fiscal year for which the assessments are levied. Assessments are levied on real property as it exists on that date. The assessment levy covers the fiscal period July 1 to June 30. One-half of the assessment is due November 1; the second half of the assessment is due February 1. All assessments are delinquent if unpaid on December 10 and April 10, respectively. Fund Type All of the funds included in this report are accounted for in the City's financial records as special revenue funds. Special revenue funds account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes. Special revenue funds are designed to help determine and demonstrate resources that must be used for a specified purpose are, in fact, used for that purpose. 6 P147 Attachment 1 P148 INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda of the City of Rancho Cucamonga, California, (collectively, the Districts) as of and for the year ended June 30, 2016, and the related notes to statement of revenues, expenditures and changes in fund balances, and have issued our report thereon dated November 29, 2016. Internal Control over Financial Reporting In planning and performing our audit of the statement of revenues, expenditures and changes in fund balances, we considered the Districts' internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the statement of revenues, expenditures and changes in fund balances, but not for the purpose of expressing an opinion on the effectiveness of the Districts' internal control. Accordingly, we do not express an opinion on the effectiveness of the Districts' internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Districts' statement of revenues, expenditures and changes in fund balances will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Districts' statement of revenues, expenditures and changes in fund balances are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Attachment 2 LSL:: Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Districts' internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Districts' internal control and compliance. Accordingly, this communication is not suitable for any other purpose. oeial,..die;e-4414e.'ee Brea, California November 29, 2016 P149 Attachment 2 P150 November 29, 2016 To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited the statement of revenues, expenditures and changes in fund balances of the Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda (collectively, the Districts) of the City of Rancho Cucamonga for the year ended June 30, 2016. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to the City Council of Rancho Cucamonga dated May 11, 2016. Professional standards also require that we communicate the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Districts are described in the notes to the financial statements. No new accounting policies were adopted that impacted the statement of revenues, expenditures and changes in fund balances of the Districts, and the application of existing policies was not changed during fiscal year 2015/16. We noted no transactions entered into by the Districts during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. No misstatements were found. Attachment 3 P151 LSL1H:: ' To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated November 29, 2016. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Districts' statement of revenues, expenditures and changes in fund balance or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Districts' auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain audit procedures related to the audit. These procedures include, but are not limited to, the following: Proposed Segmentation of the Engagement We utilize a governmental audit program which we will tailor to the Districts' operations. The tailoring is necessary to accommodate specific client circumstances and to recognize differences in organizational structure. Our audit programs are organized by financial statement category. This approach takes full advantage of our accumulated experience. The primary benefit is that the risk of omitting important procedures is substantially reduced. We believe that this approach tends to be the most effective and efficient for an entity such as the Districts. The audit procedures are listed in the most logical sequence which improves efficiency. The savings in effort and time gained by using our audit program can free an auditor's attention for unusual or difficult situations that may arise. The audit programs are designed to increase audit efficiency by linking financial statement assertions, audit objectives, and procedures that are basic to most governmental audit engagements. Attachment 3 P152 LSL::•° To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Sample Size and Extent of Statistical Sampling Our approach may be to utilize statistical sampling in the areas of receipts, disbursements, utility billing and payroll. Here we develop a statistical conclusion based upon an initial computer selected random sample which is based on the population and other risk factors identified. If errors are noted in the sample, the sample size will be expanded. We believe that a random selection can be efficient, while providing each item in the population an equal chance of being selected. Additionally, we may select a stratified sample of all transactions over a specified dollar limit for review. This allows us to cover all high dollar value transactions not otherwise selected in the random sample. Our samples are selected randomly utilizing IDEA data analysis software. Extent of EDP Software Our traditional approach is to "audit around" the computer, which means that we verify output by agreeing it, through our audit tests, with corresponding source input transactions. We do not choose to use audit software that runs through the Districts' computer system, such as a test deck. Like other aspects of the internal control structure, computer controls are documented in our memoranda and questionnaires. We will consider whether specialized skills are needed to consider the effect of computer processing on the audit, to understand the internal control structure policies and procedures or to design and perform audit procedures. The decision to use a computer specialist in audit planning is a matter of our professional judgment. We will consider the complexity of the computer system and assess whether we can identify the types of misstatements that might occur. LSL's IT Specialist will be involved in the planning and performance of the audit and also in assessing the IT controls of the District. Analytical Procedures We use analytical procedures as an overall review of the financial information in the preliminary and final stages of the audit. These procedures are designed to assist us in planning our audit and in assessing the propriety of the conclusions reached and in the evaluation of the overall financial statement presentation. The procedures to be utilized consist of determining expectations for percentage increases and decreases between significant revenue, expenditure and balance sheet accounts, reading the financial statements and related notes, and we focus on overall relationships within the financial statements. Once determined, these are reviewed to determine if the changes appear reasonable or require further analysis. For all significant differences, explanations are obtained as to why the situation occurred and additional substantive procedures may be applied and related evidence gathered to resolve concerns and questions. Approach to Understanding District's Internal Control Structure To gain an understanding of the Districts' internal control structure, we will perform procedures as required by the new Auditing Standards, primarily SAS 104-111. This will include documenting the major transaction classes, purpose of funds, the structure of the District and to quantify materiality. We will review and make recommendations on the internal control structure, which consists of Control Environment, Accounting System and Control Procedures. We will review internal controls in the area of cash; investments; revenues and receivables; expenditures and accounts payable; payroll; inventories; property and equipment, debt and debt service; insurance and claims. Based on the result of our review, we will issue a formal internal control report (SAS 115 Letter) that will identify any significant deficiencies and or material weaknesses which we identify. This report is required by the Government Auditing Standards issued by the Comptroller General of the United States. In addition, we will also issue a separate communication letter directly to the governing board. Attachment 3 P153 LSL':: •7' To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California This letter would communicate any significant deficiencies or material weaknesses we identify in the internal control system and other matters that we feel should be communicated to the governing board. All internal control issues will initially also be discussed with management of the District. Approach to Determining Laws and Regulations Subject to Audit The Laws and Regulations that will be subject to audit test work are determined from the applicable laws, regulations, contracts, and grant agreements which we identify through the understanding we obtain of the Districts and our extensive experience with governmental entities. Approach to be Taken in Drawing Audit Samples For the purpose of tests of controls and tests of compliances with laws and regulations, we use audit sampling. Tests of controls are procedures directed towards determining the effectiveness of the design or operation of an internal structure policy or procedures. Normally, audit sampling is used for tests of controls that involve inspection of documents and reports indicating performance of the policy or procedures and, in many cases, re -performance of the application of the policy or procedures. These sampling procedures test the operating effectiveness of an internal control structure policy or procedures by determining how the policy or procedure was applied, the consistency with which it was applied during the audit period, and by whom it was applied. To achieve this goal, we draw samples in the area of disbursements, receipts, utility billing and payroll. Each document selected will be tested for various attributes that are designed to verify compliance with different aspects of internal controls. Additionally, each sample item will be tested for coding to the proper accounts and posting to the general ledger. The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for the fiscal year 2015/16 audit: GASB Statement No. 72, Fair Value Measurement and Application. GASB Statement No. 76, The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments. GASB Statement No. 79, Certain External Investment Pools and Pool Participants. The following GASB pronouncements are effective in the following fiscal year audit and should be reviewed for proper implementation by management: Fiscal year 2016/17: GASB Statement No. 73, Accounting and Financial Reporting for Pensions and Related Assets That Are Not within the Scope of GASB Statement No. 68, and Amendments to Certain Provisions of GASB Statement Nos. 67 and 68. GASB Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans. GASB Statement No. 77, Tax Abatement Disclosures. GASB Statement No. 78, Pensions Provided through Certain Multiple -Employer Defined Benefit Pension Plans. Attachment 3 LSL':: • To the Landscape Maintenance Districts Citizens' Oversight Committee City of Rancho Cucamonga, California GASB Statement No. 80, Blending Requirements for Certain Component Units -an amendment of GASB Statement No. 14. GASB Statement No. 82, Pension Issues — an amendment of GASB Statement Nos. 67, No. 68, and No. 73. Fiscal year 2017/18: GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions. GASB Statement No. 81, Irrevocable Split Interest Agreements. Restriction on Use This information is intended solely for the use of the Landscape Maintenance Districts Citizens' Oversight Committee and management of the Districts and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, 'eat, „pettee st-074424 e:46' Brea, California P154 Attachment 3 DATE: TO: FROM: INITIATED BY: SUBJECT: P155 CITY OF RANCHO CUCAMONGA STAFF REPORT June 7, 2017 Mayor and Members of the City Council John R. Gillison, City Manager �" Candyce Burnett, City Planner Tabe van der Zwaag, Associate Planner ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — LVD TERRA VISTA. LLC - A request to modify the development standards within the Medium High (MH) District of the Terra Vista Community Plan related to the site plan and architectural review of a 214 -unit, multi -family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077-422-97. Related files: Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2016-00716, Minor Exception DRC2017-00159 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: The Planning Commission recommends the City Council take the following actions • Adopt a Mitigated Negative Declaration of environmental impacts. • Approve Terra Vista Community Plan Amendment DRC2016-00715. BACKGROUND: On May 10, 2017, the Planning Commission reviewed and approved Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215. Minor Exception DRC2016-00716 and Minor Exception DRC2017-00159 (Attachments 2 through 6, respectively) for the development of a 214 -unit for sale condominium project on 12.1 acres of land in the Medium High (MH) District of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway. The Planning Commission also reviewed and recommended City Council approval of Terra Vista Community Plan Amendment DRC2016- 00715 (Attachment 7) that is associated with the aforementioned applications. PROJECT AND SITE DESCRIPTION: A. Project Density: 17.7 dwelling units per acre (14 -24 units per acre permitted) B. Surrounding Land Use and Zoning: North - Attached and Detached Residences; Medium (M) District (8 — 14 dwelling units per acre), Terra Vista Community Plan CITY COUNCIL STAFF REPORT TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC June 7, 2017 Page 2 P156 South - Commercial Center; Neighborhood Commercial (NC) District, Terra Vista Community Plan East - Office Buildings; Office Park (OPK) District, Terra Vista Community Plan West - Approved Senior Care Facility and an Office Building; Mixed Use (MU) and General Commercial (GC) C. General Plan Designations: Project Site - Medium High (MH) North - Medium (M) South - Neighborhood Commercial (NC) East - Office (0) West - Mixed Use (MU) & General Commercial (GC) D. Site Characteristics: The project site is generally rectangular in shape with a street frontage of approximately 700 feet along Haven Avenue, 850 feet along Church Street, 875 feet along Terra Vista Parkway, and 160 feet along Town Center Drive. The site drains from north to south and is covered by non-native grasses. The site includes a 0.3 -acre triangular piece of land at the southeast corner of Haven Avenue and Church Street, which is maintained by the local Landscape Maintenance District. ANALYSIS: A. General: The project is for the development of a 214 -unit multi -family residential project (Design Review DRC2016-00713) on 12.1 acres on land and includes a tentative tract map (SUBTT20054) for residential condominium purposes (Attachment 1). The project site is within the Medium High (MH) District of the Terra Vista Community Plan, which permits 14 to 24 dwelling units per acre. The project has a density of 17.7 dwelling units per acre. B. Terra Vista Community Plan Amendment: The project includes a Terra Vista Community Plan Amendment (DRC2016-00715) to amend the development criteria for the Medium High (MH) District of the Terra Vista Community Plan. The development criteria for the Medium High (MH) District was created for the development of larger multi -family projects made up of larger multi - tenant buildings which are usually surrounded by a common perimeter wall, such as the multi- family project ("Santa Barbara") to the east of the project site. The current building setback and separation requirements in the Terra Vista Community Plan do not provide the flexibility necessary to create projects with entirely detached units or smaller multi -tenant buildings while still providing a density of 14 to 24 dwelling units per acre as required in the Medium High (MH) District. The current development criteria also does not permit placing the front doors of the units closer to the public right-of-way in order to create a more active street frontage, similar to a single-family neighborhood. The goal of the proposed changes in the development criteria is not to increase the number of units that may be constructed on a project site. They are intended to allow the flexibility to create a more urban neighborhood in which the street frontage is activated, with the front doors and windows of the units directly facing the public right -a -way. The proposed changes in the development criteria will provide developers with the opportunity to create projects that emphasize the public realm. These types of projects would allow residents to take ownership of the public street and increase public safety due to increased visibility as opposed to projects where the rear of each building faces the public street and are enclosed by a perimeter wall. CITY COUNCIL STAFF REPORT TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC June 7, 2017 Page 3 P157 The proposed project is designed in conformance with the proposed development criteria. The front entrances of the townhomes directly face Church Street, Terra Vista Parkway. or a common paseo, creating an active public space in which the pedestrians are in clear view of the front of each unit. The project is ungated with common walkways that provide direct pedestrian connection to the adjacent commercial development, along with easy access to the Terra Vista Town Center and to the adjacent multi -use trail along the Day Creek Channel. The project has a density of 17.7 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre. If the project was required to comply with the current standards, the buildings would need to be placed up to 43 feet from the curb face and up to 40 feet from each other, making it difficult to meet the required density, creating a large setback from the public street, and changing the overall feel of the neighborhood character of the project. The proposed amendment will permit new developments with greater than 200 units more flexible standards similar to the reduction in the recently approved mixed use standards. The new criteria will allow new larger projects to provide unique site plans that meet the needs of the community while integrating into the surrounding neighborhood and the unique circumstances of the project site. The appropriateness of the reductions in the required setback will be determined on a case-by-case basis and reviewed and approved by the Design Review Committee and the Planning Commission. The text in bold below will be inserted into the Medium High standards of the Terra Vista Community Plan (Attachment 8). The following development standards are required for new developments with greater than 200 units*: • Street Setback - Up to 75% reduction of streetscape requirements • Building Separations - Up to 75% reduction from the related building separation requirements • Wall Setbacks - Up to 75% reduction from the related wall setback requirements • Private Open Space - Up to 35% reduction from the related private open space requirements. Recreational amenities shall be enhanced to provide additional features and service to residents to offset the loss of private open space. *Subject to review and approval by the Design Review Committee and Planning Commission per Section 17.20.040 (Design Review) of the Development Code. The table below illustrates the proposed reductions in the existing development criteria in comparison to the related requirements in the Terra Vista Community Plan and the Development Code. Proposed Project Development Criteria Existing Terra Vista Community Plan Existing Development Code Proposed Development Standard Building Setbacks: -Church Street -Terra Vista Parkway 38 feet (minimum) 43 feet (average) 32 feet (minimum) 37 feet (average) not applicable not applicable 26 feet 21 feet CITY COUNCIL STAFF REPORT TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC June 7, 2017 Page 4 -Town Center Drive 32 feet (minimum) 37 feet (average) not applicable Building Separations: Two -Story Buildings -Front-to-Front - Side-to-Side 16 feet 8 feet not applicable Three -Story Buildings -Front-to-Front -Side-to-Side defers to the Development Code P158 24 feet 16 feet 8 feet 40 feet 25 feet Wall Setback — -Haven Avenue defers to the 30 feet (minimum) Development Code 45 feet (average) Private Open Space - Upper Floor defers to the Development Code 100 square feet 20 feet 14 feet 20 feet 68 square feet Due to site constraints, the building separations at a few locations have a greater reduction. C. Environmental Assessment: 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 related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and waste materials, hydrology, water quality, land use and planning and noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, 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. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the project, the project is consistent with the goals and policies of the General Plan and the objectives of the Development Code. FISCAL IMPACT: The vacant project site currently is assessed $62,447 annually in property tax by the county of San Bernardino, with a City share of $3,191 yearly. The proposed development will increase the value of the project site and the annual City share of the property tax will increase to approximately $7,443 annually. The project will also generate one-time impact fees, which are intended to offset services from the increased development. The following one-time impact fees will be collected by the Engineering Department and are subject to change: 1. Library - $86,884 2. Transportation - $1,204,606 3. Animal Center - $18,832 4. Police - $43,228 5. Park Land Acquisition - $426,860 CITY COUNCIL STAFF REPORT TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC June 7, 2017 Page 5 6. Park Improvement - $383,916 7. Community and Recreation Centers - $261,936 P159 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. No correspondence has been received in response to these notices. EXHIBITS: Attachment 1 - Planning Commission Staff Report Dated May 10, 2017 (with all attachments) Attachment 2 - Planning Commission Resolution No. 17-35 for Tentative Tract Map SUBTT20054 Attachment 3 - Planning Commission Resolution No. 17-36 for Design Review DRC2016-00814 Attachment 4 - Planning Commission Resolution No. 17-37 for Minor Exception DRC2016-00716 Attachment 5 - Planning Commission Resolution No. 17-38 for Minor Exception DRC2017-00159 Attachment 6 - Planning Commission Resolution No. 17-39 for Variance DRC2017-00215 Attachment 7 - Planning Commission Resolution 17-34 Recommending Approval of Terra Vista Community Plan Amendment DRC2016-00715 Attachment 8 - Existing and Proposed Terra Vista Community Plan Attachment 9 - Draft Ordinance Approving Terra Vista Community Plan Amendment DRC2016- 00715 CB:TV/Is LVD Terra Vista CITY OF RANCHO CUCAMONGA Project Overview • Applicant: LVD Terra Vista, LLC • Project Description: 214 -unit, for -sale multi -family development • Project Size: 12.1 acres of Land • Planning Commission Approval: May 10, 2017 • Pending Entitlement: Terra Vista Community Plan Text Amendment • Density: 17.7 dwelling units per acre (14 — 24 DUA permitted) CITY OF RANCHO CUCAMONGA fnytime Fitness • ss Valli Shop El CITY OF RANCHO CUCAMONGA f" n .•:•T'�—=gym. jwi �� -silWa `' CITY OF RANCHO CUCAMONGA 26' Proposed Building Setback Measured from Curh Subject to Approval of Community Plan Amendment 21' Proposed Building Setback Measured from Curb Subject to Approval of Community Phn Amendment CITY OF RANCHO CUCAMONGA r = r- r 21' Proposed Building Setback Measured from Curb Subject to .Approval of Community Plan .Amendment .14 r411, Gencer OTW8 5 ' 24' Proposed Building Setback Measured from Curb Subject to Approval of Community Plan Amendment Scale : I'= 30' CITY OF RANCHO CUCAMONGA Carriage Unit Bungalow Bungalow r 6 Carriage Unit CITY OF RANCHO CUCAMONGA Bungalows 1,536 to 1,549 square feet PLAN 3 PLAN I VARIATION I PLAt4 PLAN 3 PLAN I VARIATION 2 PLAN 2 PLAN 3 PLAN I VARIATION 3 PLAN 2 CITY OF RANCHO CUCAMONGA 7 Carriage Unit 1,464 square feet NE? r.mTimT m.■I.■i.■IAWN 1 _ 1 1 _.. _.. _.. _.. _.1 _.1 .11 �..1.■ I•• I•• 1..1 ..1..1..1■ 1.■ I • NE • om I.n on. ■i.■I.■ I.■ 1 _ 1 1 _.. _.. _.. _.. _.1 _.1 .11 • 0 ■■I.■I.■I.■n.■IU• 11011011 ■I• ■I • 11M 11M 11. 11_ 1 M_.._ ■■ INN INN INN INN IU•11•11•11 ■I• ■I • 11M 11M 11. 11_ 1 M_.._ • • 0 1 1 t' CITY OF RANCHO CUCAMONGA F Townhomes 1,414 to 1,857 square feet Optional Roof Deck 3 Unit Building CITY OF RANCHO CUCAMONGA VARIATION I VARIATION 2 4 Unit Building CITY OF RANCHO CUCAMONGA 5 Unit Building CITY OF RANCHO CUCAMONGA 1 6 Unit Building CITY OF RANCHO CUCAMONGA 7 Unit Building CITY OF RANCHO CUCAMONGA Recreational Amenities • Pool and spa • 2,712 square foot community center • Recreation area that includes multiple seating and lounge areas, BBQ facilities and ping pong tables • Recreation area with tot lot conversation areas, covered picnic tables with BBQs • Recreation area with open play area and seating • Landscaped paseos with seating and open grass areas CITY OF RANCHO CUCAMONGA i°1ffilifferaprommutarr7.4 -------111, irkirlaiit . ' - " 111111a11-7- 1§111/1111116101..-r— -17 _ In iti:,..11. IMF 'nati Ikerip-ma SIE Bill F • r .w wail -INVAVIN ni lillaiN - irjeLanin_.! EC' 111 firlarli 1 FP----:=.-:._ -:'—'= i v.r4rWIPi -�. 3 „ tr 11,0.` immin*- ._,00-. ofriLlim !qua art _ _ - •�4'� f- ,.i-,.;ii-,.,*..1i..t.:,..E...it _ ...i — — - w...:.._ nu 0 FRONT REAR CITY OF RANCHO CUCAMONGA Terra Vista Community Plan Amendment • Modify the development criteria of the Medium High (MH) District of the Terra Vista Community Plan • Current regulations: ➢ are designed for larger multi -family projects ➢ do not provide flexibility for unique projects with smaller buildings and detached units ➢ require large street setbacks, limiting connection to the public realm from each unit CITY OF RANCHO CUCAMONGA Terra Vista Community Plan Amendment (continued) • Goal of Amendment is not to increase density, but to provide greater flexibility to allow for creative project designs • Amendment will allow the street frontage to be building focused rather than perimeter wall focused • Encourage residents to take ownership of public street and, in turn, increase public safety • Amendment is for larger projects with greater than 200 units CITY OF RANCHO CUCAMONGA Terra Vista Community Plan Amendment Language The following development standards are required for new developments with greater than 200 units*: • Street Setback - Up to 75% reduction of streetscape requirements • Building Separations - Up to 75% reduction from the related building separation requirements • Wall Setbacks - Up to 75% reduction from the related wall setback requirements • Private Open Space - Up to 35% reduction from the related private open space requirements. Recreational amenities shall be enhanced to provide additional features and services to residents to offset the loss of private open space. *Subject to review and approval by the Design Review Committee and Planning Commission per Section 17.20.040 (Design Review) of the Development Code. CITY OF RANCHO CUCAMONGA Proposed Project Development Criteria Building Setbacks: Existing Terra Vista Community Plan Existing Development Code Proposed Development Standard -Terra Vista Parkway -Town Center Drive Building Separations Two -Story Buildings -Front-to-Front -Side-to-Side 38 -Foot Minimum 43 -foot Average 26 -Feet 32 -Foot Minimum 37 -Foot Average 21 -Feet 32 -Foot Minimum 37 -Foot Average 16 -Feet 8 -Feet 24 -Feet 16 -Feet 8 -Feet Three -Story Buildings -Front-to-Front -Side-to-Side Wall Setback — -Haven Avenue Private Open Space -Upper Floor 40 -Feet 20 -Feet 25 -Feet 14 -feet 30 -Feet Minimum 45 -Feet Average 100 Square Feet 20 -Feet 68 Square Feet Due to site constraints, the building separations at a few locations have a greater reduction. CITY OF RANCHO CUCAMONGA Recommendations Staff recommends the City Council take the following actions: • Adopt a Mitigated Negative Declaration of environmental impacts • Approve Terra Vista Community Plan Amendment DRC2016-00715 CITY OF RANCHO CUCAMONGA Parking • 524 parking spaces required • 524 parking spaces provided (base bedroom count) • 428 in garages, 89 uncovered spaces and 7 spaces in driveways • Each unit includes a 2 -car garage • 555 parking required if all 4th bedroom options are chosen (5.6 percent deficit) • 50 percent of 4th bedroom options are chosen per applicant's experience • 539 parking spaces required if 50 percent of the optional bedrooms are chosen (2.8 percent deficit) • Traffic study finds that 1 southbound lane of Terra Vista Parkway may be eliminated for use as street parking • Up to 29 parking spaces can be created along Terra Vista Parkway CITY OF RANCHO CUCAMONGA P16O STAFF REPORT DATE: May 10, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner (F) INITIATED BY: Tabe van der Zwaag. Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — LVD TERRA VISTA, LLC - A request to modify the development standards within the Medium High (MH) District of the Terra Vista Community Plan related to the site plan and architectural review of a 214 -unit, multi -family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077-422-97. Related files: Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2016-00716, Minor Exception DRC2017-00159 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT20054 — LVD TERRA VISTA, LLC - A request subdivide 12.1 acres of land for condominium purposes related to the site plan and architectural review of a 214 -unit, multi -family development within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077- 422-97. Related files: Terra Vista Community Plan Amendment DRC2016- 00715, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2016-00716, Minor Exception DRC2017-00159 and Pre - Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00713 — LVD TERRA VISTA, LLC - A request for site plan and architectural review of a 214 -unit, multi -family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077-422-97. Related files: Terra Vista Community Plan Amendment DRC2016-00715, Tentative Tract Map SUBTT20054, Variance DRC2017- 00215, Minor Exception DRC2016-00716, Minor Exception DRC2017-00159 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2017-00215 — LVD TERRA VISTA, LLC - A request to increase the maximum permitted wall height to over 8 feet for sound attenuation purposes related to the site plan and ATTACHMENT 1 PLANNING COMMISSION b AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 2 architectural review of a 214 -unit, multi -family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077-422-97. Related files: Terra Vista Community Plan Amendment DRC2016-00715, Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Minor Exception DRC2016- 00717, Minor Exception DRC2017-00717 and Pre -Application DRC2016- 00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2016- 00716 — LVD TERRA VISTA, LLC - A request to reduce the required on-site parking related to the site plan and architectural review of a 214 -unit, multi- family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077- 422-97. Related files: Terra Vista Community Plan Amendment DRC2016- 00715, Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2017-00159 and Pre - Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2017- 00159 — LVD TERRA VISTA, LLC - A request to increase the maximum permitted property line wall heights from 6 to 8 feet related to the site plan and architectural review of a 214 -unit, multi -family development on 12.1 acres of land within the Medium High (MH) District (14 - 24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway — APN: 1077-422-97. Related files: Terra Vista Community Plan Amendment DRC2016-00715, Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2016-00717 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends the Planning Commission take the following actions: • Recommend that the City Council adopt a Mitigated Negative Declaration of environmental impacts. • Recommend that the City Council approval of Terra Vista Community Plan Amendment DRC2016-00715. • Approve Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2016-00716, and Minor Exception DRC2017-00159. P161 PLANNING COMMISSION AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 3 ( PROJECT AND SITE DESCRIPTION: A. Proiect Density: 17.7 dwelling units per acre (14 -24 units per acre permitted) P162 B. Surrounding Land Use and Zoning: North - Attached and Detached Residences; Medium (M) District (8 — 14 dwelling units per acre), Terra Vista Community Plan South - Commercial Center; Neighborhood Commercial (NC) District, Terra Vista Community Plan East - Office Buildings; Office Park (OPK) District, Terra Vista Community Plan West - Approved Senior Care Facility and an Office Building; Mixed Use (MU) and General Commercial (GC) C. General Plan Designations: Project Site - Medium High (MH) North - Medium (M) South - Neighborhood Commercial (NC) East - Office (0) West - Mixed Use (MU) & General Commercial (GC) D. Site Characteristics: The project site is generally rectangular in shape with a street frontage of approximately 700 feet along Haven Avenue, 850 feet along Church Street, 875 feet along Terra Vista Parkway and 160 feet along Town Center Drive. The site drains from north to south and is covered by non-native grasses. The site includes a .3 acre triangular piece of land at the southeast corner of Haven Avenue and Church Street, which is maintained by the local Landscape Maintenance District. ANALYSIS: A. General: The applicant proposes developing a 214 -unit multi -family residential project (Design Review DRC2016-00713) on 12.1 acres on land at the southwest corner of Church Street and Terra Vista Parkway. The project includes a tentative tract map (SUBTT20054) for residential condominium purpose for 214 units, which includes 33 numbered Tots and 3 lettered lots. B. Zoning: The project site and the surrounding parcels to the north, south and west are all within the Terra Vista Community Plan area. The project site is within the Medium High (MH) District, which permits 14 to 24 dwelling units per acre. There is existing attached and detached residential development to the north within the Medium (M) District; to the south there is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, there is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site. C. Design: The proposed development is made up of 2 product types: bungalows (81 units) and row townhomes (133 units). The bungalows will be located within the core of the project site and are plotted in groups of three buildings, which consist of three plan types: two, 2 -story units and a carriage unit located above the garages. The open space for the two, 2 -story units is located on the ground level between the units and carriage unit, with the open space for the carriage PLANNING COMMISSION b 1AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 4 P163 units provided on a second story deck. Each unit is accessed from a common paseo or through the garages. The freestanding units include 3 to 4 bedrooms with an optional bonus room/bedroom and range in size from 1,536 to 1,549 square feet. The carriage units include 2 master bedrooms with an option to convert one of the master bedrooms to two smaller bedrooms and are 1,464 square feet in size. The height of the bungalows is 25 feet, which is below the 45 - foot permitted building height. The row townhomes are located around the perimeter of the project site and are made up of 2 and 3 -story buildings, with 3 to 7 units per building and 4 plan types. The units along Church Street and Terra Vista Parkway will have their front doors directly face the public street, with the remainder of the row townhomes facing common paseos. The units are 3 to 4 bedrooms with an optional bonus room/bedroom ranging in size from 1,414 to 1,857 square feet and each includes a two -car enclosed garage. Open space is either provided by a patio on the ground floor (end un'its) or by decks on the second floor. The townhome's include an optional roof deck. The maximum height of the townhouses is 43 feet including the roof top decks (37 feet without roof top decks), below the maximum permitted 45 feet. The homes have a contemporary architectural design theme that incorporates a mix of materials including flat tile roofs, metal awnings, stucco, stone veneer and cementitious horizontal siding. The bungalows include 3 unique elevations for each plan type and the townhomes include up to 2 unique elevation types per building configuration. Each plan type includes wall and roof plane articulation and multiple paint schemes. The garage doors carry over the contemporary design theme of the buildings and include windows to assist the Home Owners Association in verifying that the garage spaces are available for vehicle parking. The project will take vehicular access from Church Street and from Terra Vista Parkway and will not be gated. An Emergency Vehicle Access (EVA) gate will be located on Town Center Drive. The project will provide a pedestrian access path to the commercial development to the south and west. Private streets provide access to the enclosed garages and open parking. An internal sidewalk network provides access throughout the project site and to the public sidewalk. The Engineering Department is requiring that the applicant replace the existing 2 -way stop at the intersection of Terra Vista Parkway and Town Center Drive with a 4 -way stop. The project provides 40 percent common and private open space (35 percent required) and 50 trees per acre (50 trees per acre required). The project is also compliant with the parking lot tree planting requirement of 1 tree per 3 parking spaces and the screening requirements of the air conditioner units. D. Recreational Amenities: Projects between 200 and 300 units are required to provide at minimum 5 recreational amenities. The project provides the following recreational amenities: 1. A pool and spa; 2. A 2,712 square foot community center with fitness center, common seating areas, catering kitchen and business center; 3. An outdoor recreation area adjacent to pool area that includes multiple seating and lounge areas, a fireplace, BBQ facilities and ping pong tables; PLANNING COMMISSION 1AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 5 P164 4. A separate outdoor recreation area with a tot lot, conversation area with benches, and a covered picnic table with BBQ units; 5. A separate outdoor recreation area with open play areas, benches and covered picnic table; 6. A separate area with built in corn hole platforms; and 7. Landscaped paseos with open grass and seating areas. E. Terra Vista Community Plan Amendment: The project includes a Terra Vista Community Plan Amendment (DRC2016-00715) to amend the development criteria for the Medium High (MH) District of the Terra Vista Community Plan. The development criteria for the Medium High (MH) District was created for the development of larger multi -family projects made up of larger multi - tenant buildings which are usually surrounded by a common wall, such as the Santa Barbara project to the east of the project site. The current building setback and separation requirements in the Terra Vista Community Plan do not provide the flexibility necessary to create projects with entirely detached units or smaller multi -tenant buildings and that still maintain the 14 to 24 dwelling unit per acre density required in the Medium High (MH) District. The current development criteria also does not permit placing the front doors of the units closer to the public right-of-way in order to create a more active street frontage, similar to a single-family neighborhood. The goal of the proposed changes in the development criteria is not to increase the number of units that may be constructed on a project site, but rather to allow the flexibility to create a more urban neighborhood in which the street frontage is activated, with the front doors and windows of the units directly facing the public right - a -way. The proposed changes in the development criteria will provide developers with the opportunity to create projects that emphasize the public realm in which the residents take ownership of the public street, increasing the sense of public safety, rather than turning their back to the public street with a perimeter wall. The proposed project was designed to take advantage of the proposed development criteria. The front entrances of the townhomes directly face Church Street, Terra Vista Parkway or a common paseo, creating an active public space in which the pedestrians are in clear view of the front of each unit. The project is ungated with common walkways that provide direct pedestrian connection to the adjacent commercial development, along with easy access to the Terra Vista Town Center and to the adjacent multi -use trail along the Day Creek Channel. The project has a density of 17.7 dwelling units per acre, which is at the lower end of the permitted density range of 14 to 24 dwelling units per acre. If the project were required to comply with the current standards, the buildings would need to be placed up to 43 feet from the curb face and up to 40 feet from each other, making it difficult to meet the required density, creating a large setback from the public street and changing the overall feel of the neighborhood character of the project.. The proposed amendment will permit new developments with greater than 200 units more flexible standards similar to the reduction in the recently approved mixed use standards. The new criteria will allow new larger projects to provide unique site plans that meet the needs of the community while integrating into the surrounding neighborhood and the unique circumstances of the project site. The appropriateness of the reductions in the required setback will be determined on a case-by-case basis and reviewed and approved by the Design Review Committee and the PLANNING COMMISSION 5 AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716. ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10. 2017 Page 6 P165 Planning Commission. The text in bold below will be inserted into the Medium High standards of the Terra Vista Community Plan (Exhibit H). The following development standards are required for new developments with greater than 200 units*: • Street Setback - Up to 75% reduction of streetscape requirements • Building Separations - Up to 75% reduction from the related building separation requirements • Wall Setbacks - Up to 75% reduction from the related wall setback requirements • Private Open Space - Up to 35% reduction from the related private open space requirements. Recreational amenities shall be enhanced to provide additional features and service to residents offset the loss of private open space. *Subject to review and approval by the Design Review Committee and Planning Commission per Section 17.20.040 (Design Review) of the Development Code. The table below illustrates the proposed reductions in the existing development criteria as comparted to the related requirements in the Terra Vista Community Plan and the Development Code. Proposed Project Development Criteria 1 Existing Terra Vista Community Plan Existing Development Code Proposed Development Standard Building Setbacks: -Church Street 38 -Foot Minimum 43 -foot Average 26 Feet -Terra Vista Parkway 32 -Foot Minimum 37 -Foot Average 21 Feet -Town Center Drive 32 -Foot Minimum 37 -Foot Average 24 -Feet Building Separations 16 -Feet 8 -Feet Two -Story Buildings -Front-to-Front -Side-to-Side 16 -Feet 8 -Feet Three -Story Buildings -Front-to-Front -Side-to-Side 40 -Feet 25 -Feet 20 -Feet 14 -feet Wali Setback — -Haven Avenue 30 -Feet Minimum 45 -Feet Average 20 -Feet Private Open Space -Upper Floor 100 Square Feet 68 Square Feet Due to site constraints the building separations at a few locations have a greater reduction. PLANNING COMMISSION S AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054 DR DRC2016 00713. ME DRC2016-00716 ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA. LLC May 10, 2017 Page 7 P166 F. Parking: The project provides 524 parking spaces including 428 spaces in enclosed garages (2 garage spaces per unit), 89 uncovered spaces and 7 spaces in driveways. The base unit count and bedroom configuration is required to provide 524 parking spaces. The project is required to provide 555 parking spaces if all the 4th bedroom options are chosen, resulting in an up to 5.6 percent parking deficiency. The applicant has indicated that from their experience, approximately 50 percent of home buyers will select the 4th bedroom option, reducing the parking deficiency to less than 3 percent The parking study submitted for the project indicates that the current two south bound lanes on Terra Vista Parkway can be reduced to a single lane to provide on -street parking on the west side of the street. Street parking would theoretically add up to 29 parking stalls. A Minor Exception (DRC2016-00716) has been submitted to reduce the required number of on-site parking spaces by up to 5.6 percent. The table below illustrates the required and proposed parking fo the project. Number of Number Bedrooms of Units Code Standard Required Covered Parking Total Required Parking Spaces Total Provided Parking Spaces Two Bedroom Units ~Three 2 Spaces/Unit (1 Covered Space) 27 spaces 54 spaces 54 Bedroom Units 138 2 Spaces/Unit (2 Covered Space) 276 spaces 276 spaces 276 Four Bedroom Units 49 2.5 Spaces/Unit (2 Covered Spaces) 98 spaces 123 spaces 123 Guest Parking 214 1 per 3 units 71 Spaces 71 Required Parking with Base Bedroom Count 524 Provided Parking Spaces 524 Total Covered Spaces (Garage) 401 428 Required Parking with Optional 4'h Bedrooms 553 524 Parking Shortfall with Optional 4th Bedrooms* (-29) Potential Street Parking on Terra Vista Parkway 29 Percentage Parking Deficit with Maximum Number of 4t' Bedroom Options -5.6% Percentage Parking Deficit with 50 percent of 4th Bedroom Options -2.8% *112 Four (4) Bedroom Units with all 4t" Bedroom Option Chosen G. Parking Minor Exception: A Minor Exception (DRC2016-00716) has been submitted to reduce the total required parking by up to 29 parking spaces (5.6 percent). Minor Exceptions permit an up to 25 percent reduction in the required on-site parking. The findings of fact below support the necessary findings, which are required by the City's Development Code: 1. Fact: The Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. Finding: The proposed reduction in the required number of parking spaces is consistent with the General Plan, which has stated policies supporting development projects that require infill development to be designed for pedestrians and automobiles equally, and to provide connections to transit and bicycle facilities (Policy LU -2.2). The proposed project provides PLANNING COMMISSION I AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 8 P167 524 vehicle parking spaces as well as secured bicycle parking spaces, and provides convenient access for both pedestrians and automobiles. 2. Fact: The proposed development is compatible with the existing and proposed land uses in the surrounding area. Finding: The proposed for sale residential development is located at the intersection of two major streets and is adjacent to similar multi -family projects along with office and commercial land uses. 3. Fact: The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. Finding: The proposed reduction in the parking standards is necessary to allow increased residential density on the project site, which is located adjacent commercial and office land uses and provides convenient access to a transit stop. A parking study (Trames Solutions, Inc.; April 6, 2017) was submitted for the project verifying the adequacy of the proposed number of on-site parking spaces. The parking study provides a number of parking reduction initiatives that have been made conditions of approval including restricting the number of vehicles that may be parked on-site through a parking permit system, HOA inspections of the garage areas verifying that they are available to park two motor vehicles and providing secure bicycle storage areas. Additionally, the applicant will provide up to 29 additional on -street parking spaces that will offset the 29 parking space deficiency. 4. Fact: The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental to public health safety or welfare or materially injurious to properties or improvement in the vicinity. Finding: The proposed reduction in the required number of parking spaces is not a grant of special privilege in that the Development Code allows flexibility to reduce the required number of parking spaces where it can been demonstrated that the project will provide adequate on-site parking. A parking study (Trames Solutions, Inc.; April 6, 2017) was submitted for the project verifying the adequacy of the proposed number of on-site parking spaces. H. Sound Wall Variance: The project includes an up to 8.5 foot high property line wall along Haven Avenue and a portion of the south property line for noise attenuation purposes. The proposed sound wall was recommended by the Noise Assessment submitted for the project (Landrum and Brown, Inc., March 31, 2017). The applicant has submitted a Variance for the additional wall height (DRC2017-00215). The findings of facts below support the necessary findings, which are required by the City's Development Code: 1. Finding: Strict or literal interpretation and enforcement of the specified regulation would result in a difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. Fact: The increased wall height is necessary due to the project site being adjacent to a major thoroughfare, which greatly increase vehicle noise levels on the project site. Without the PLANNING COMMISSION b AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 9 P168 additional wall height, the project site would not be able to comply with the City's outdoor noise standards. 2. Finding: There are exceptional or extraordinary 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 zone. Fact: The project site is adjacent to a major thoroughfare with increased vehicle noise levels. The majority of residential development in the City is not exposed to vehicle noise levels in excess of City standards. 3. Finding: Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. Fact: Without an increase in the permitted wall heights, the proposed development would be required to increase the building setbacks from the adjacent roadways, reducing the developable portion of the project site. 4. Finding: The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact: It is common practice to grant a Variance for increased property line wall height for sound attenuation purposes where the project site is adjacent to a major thoroughfare. 5. Finding: The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Fact: The increased wall heights will not negatively impact the surrounding property owners as the walls will either face a public roadway or a commercial development owned by the same developer. The walls facing the public view will have a decorative finish. I. Wall Height Minor Exception: The project includes walls that are over the 6 -foot maximum height limit due to an up to 4 -foot grade difference between the project site and the existing commercial development to the south. The applicant has submitted a Minor Exception (DRC2017-00159) to permit an up to 8 -foot high combination wall along the south property line The findings of facts below support the necessary findings, which are required by the City's Development Code: 1. Fact: The Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. Finding: The increase in wall height is necessary due to an up to 4 -foot grade change between the project site and the existing commercial development to the south. Without the Minor Exception, the applicant would be required to step the retaining walls, reducing the developable portion of the lot and the number of units that could be constructed on the project site. 2. Fact: The proposed development is compatible with the existing and proposed land uses in the surrounding area. PLANNING COMMISSION a AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 10 P169 Finding: The proposed residential development is located on a major thoroughfare that is in close proximity to similar multi -family projects and commercial land uses. 3. Fact: The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. Finding: There is an up to 4 -foot grade change between the project site and the commercial development to the south, which requires the construction of a property line retaining wall. 4. Fact: The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental to public health safety or welfare or materially injurious to properties or improvement in the vicinity. Finding: It is common practice to permit additional wall height where there is a grade change between adjacent parcels of land. The increased wall height will not negatively impact the surrounding property owners as the developer will be required to install a wall with a decorative finish and the wall will not be out of keeping with other walls in the area. J. Design Review Committee: The project was reviewed by the Design Review Committee (DRC) on March 14, 2017. Staff raised two design issues related to requiring optional trellis structures on the bungalow units and adding additional pilasters around the community pool area. The DRC agreed with the applicant that trellis structures should not be required and with staff that additional pilasters should be included around the pool area. The DRC recommended that the project move forward to the Planning Commission with a requirement to add the additional pilasters around the pool area. K. Technical Review Committee: The project was reviewed and approved by the Technical Review Committee (TRC) on March 14, 2017. L. Neighborhood Meeting: On April 6, 2017, a neighborhood meeting was conducted by the applicant in the clubhouse at the Homecoming Apartment Community (11660 Church Street). No residents attended the meeting. M. SB18 and AB52 Tribal Consultation: In conformance with California State Bill (SB) 18, on December 13, 2016, staff sent a Tribal Consultation Request of the proposed project to a list of tribal communities provided by the Native American Heritage Commission. A letter dated December 16, 2016, was received by staff from the Gabrieleno Band of Mission Indians — Kizh Nation requesting that a certified Native American monitor be on site during any and all ground disturbances. Staff also sent out a Tribal Consultation request in conformance with California Assembly Bill (AB) 52, on February 22, 2017, of the proposed project to the Soboba Band of Luiseno Indians, the San Manuel Band of Mission Indians, the San Gabriel Band of Mission Indians and the Torres Martinez Desert Cahuilla Indians. The City was contacted on April 7, 2017 by a representative of the San Manuel Band of Mission Indians (SMBMI) requesting that a certified Native American monitor (chosen from a list maintained by SMBMI) be on site during all ground disturbances. A Mitigation Measure was added to the Initial Study requiring that a certified Native American monitor acceptable to both the Gabrieleno Band of Mission Indians — PLANNING COMMISSION 5 AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 11 P170 Kizh Nation and the San Manuel Band of Mission Indians be on site during any and all ground disturbances. N. Environmental Assessment: 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 related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and waste materials, hydrology, water quality, land use and planning and noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, 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. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the project, the project is consistent with the goals and policies of the General Plan and the objectives of the Development Code. FISCAL IMPACT: The vacant project site currently is assessed $62,447 annually in property tax by the county of San Bernardino, with a City share of $3,191 yearly. The proposed development will increase the value of the project site and the annual City share of the property tax will increase to approximately $7,443 annually. The project will also generate one-time impact fees, which are intended to offset services from the increased development. The following one-time impact fees will be collected by the Engineering Department and are subject to change: 1. Library - $86,884 2. Transportation - $1,204,606 3. Animal Center - $18,832 4. Police - $43,228 5. Park Land Acquisition - $426,860 6. Park Improvement - $383,916 7. Community and Recreation Centers - $261,936 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. No correspondence has been received in response to these notices. EXHIBITS: Exhibit A - Site Utilization Plan Exhibit B - Site Plans Exhibit C - Tentative Tract Map Exhibit D - Grading Plan Exhibit E - Landscape Plan Exhibit F - Architectural Plans (elevation, floorplans, roof plans) PLANNING COMMISSION b 1AFF REPORT TVCPA DRC2016-00715, TTM SUBTT20054, DR DRC2016-00713, ME DRC2016-00716, ME DRC2017-00159, and VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 12 P171 Exhibit G - Design Review Committee Action Agenda for March 14, 2017 Exhibit H - Existing and Proposed Terra Vista Community Plan Exhibit I - Initial Study Parts I, II, and III Draft Resolution Recommending Approval of Terra Vista Community Plan Amendment DRC2016- 00715 Draft Resolution of Approval for Tentative Tract Map SUBTT20054 Draft Resolution of Approval for Design Review DRC2016-00814 Draft Resolution of Approval for Minor Exception DRC2016-00716 Draft Resolution of Approval for Minor Exception DRC2017-00159 Draft Resolution of Approval for Variance DRC2017-00215 CB:TV/Is 111.02.0,14.9 011.1124.1.101, 11V-03 Met 0•11103 rlVmA wuw: U010311rd3.1 310 B Odd 337NV117 NV1d air NM .311 ON 0.1 13YY1 3A0YINu dVW NOI1VZIl11fl 311S £1k11103 stoirvt P17 O O Va: r•• f. 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REC CENTER a FLOOR AREA TABLE ttLE tLL "4-, 0 W 1 W 1— z w U z O 1- wwr U ww H N cc cc w P248 u Rancho Cucamonga c c .I•AI .0-9 F— z 0 LL .0-4' .1•41 .0.e w H z w U RECREATION P249 O ,61 F .I•,01 �p 8 1 P250 1 Roll Call: 7:00 P.M. Ray Wimberly X Rich Macias X Candyce Burnett Donald Granger X Alternates: Lou Munoz Rich Fletcher Francisco Oaxaca Additional Staff Present: Mike Smith, Senior Planner: Tabe van der Zwaag, Associate Planner; Dominick Perez, Associate Planner CITY OF RANCHO CUCAMONGA MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE A. CALL TO ORDER 1 B. PUBLIC COMMUNICATIONS None This is the time and place for the general public to address the Committee on any item listed on the agenda. State law prohibits the Committee from addressing any issue not previously included on the Agenda. The Committee may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Staff Coordinator, depending upon the number of individuals embers of the audience. This is a professional businessmeeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. C. PROJECT REVIEW ITEMS The following items will be presented by the applicant and/or their representatives. Each presentation and resulting period of Committee comment is limited to 20 minutes. Following each presentation, the Committee will address major issues and make recommendations with respect to the project proposal. The Design Review Committee acts as an advisory Committee to the Planning Commission. Their recommendations will be forwarded to the Planning Commission as applicable. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. EXHIBIT G Page 1 of 4 P252 MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE C1. SIGN PERMIT DRC2017-00106 - KIMLEY-HORN AND ASSOCIATES, INC. - A request to remove an existing illuminated wall sign and replace with two (2) new illuminated wall signs on an existing retail store (Target) located within the Community of the Terra Vista Community Plan at 10576 Foothill Boulevard - APN: 1077-423-15. The Committee briefly discussed the project and recommended approval with no issues. C2. DESIGN REVIEW MODIFICATION DRC2017-00071 - NASSEF ESKANDER FOR ALTA LOMA ANIMAL HOSPITAL - A request to modify Design Review DRC2008-00909 by deleting a Condition of Approval, in Planning Commission Resolution No. 14-05, that required an access easement on the subject property as part of the approval for the construction and operation of an animal hospital in the General Commercial (GC) located at 7289 Amethyst Avenue - APNs: 0202-161-10, -11, and -20. Related file: Design Review DRC2008-00909. Staff presented background on the Design Review application that was approved by the City in January 2014. The applicant's reason for requesting the deletion of the subject condition of approval was explained. The presentation included a background on the applicant's efforts to comply with the condition of approval, and the difficulty he encountered while attempting to acquire the signature of the neighboring property owner that was needed for access easement. Staff also explained his attempts to assist the applicant. The Committee recognized that the applicant and Staff had exhausted the available means for obtaining the signature. The Committee recommends to the Planning Commission the approval of the deletion of the subject condition of approval. C3. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00814 - NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request for site plan and architectural review of a 140 -unit affordable senior housing development on 4 acres of land within the Low - Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related records: General Plan Amendment DRC2016-00964, Development Agreement DRC2017-00156, Certificate of Appropriateness DRC2016-00966, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff provided a project overview to the Committee and raised 2 design issues regarding adding additional trellis structures of the select windows and additional board and batten siding on the south elevation. The applicant stated that they had no issue with addition of the requested architectural enhancements. The Commissioners recommended that the project move forward to the Planning Commission for final review with the agreed upon architectural enhancements. C4. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT20042 - NH WEAVER LANE, LLC - A request to subdivide 18.2 acres of land into 26 lots for the purposes of developing 26 single-family residences for a site located on the east side of Carnelian Street Page 2 of 4 CITY OF RANCHO CUCAMONGA MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE 1 and north of Hillside Road in the Very Low (VL) District (.1 — 2 Dwelling Units per Acre) and within the Hillside Overlay District - APN: 1061-261-01. Related records: Hillside Design Review DRC2016-00377, Variance DRC2016-00748, Variance DRC2017-00014 and Tree Removal Permit DRC2016-00376. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND HILLSIDE DESIGN REVIEW DRC2016-00377 — NH WEAVER LANE, LLC - A request for site plan and architectural review of 26 single-family residences on 18.2 acres of land related to Tentative Tract Map SUBTT20042, located on the east side of Carnelian Street and north of Hillside Road in the Very Low (VL) District (.1 — 2 Dwelling Units per Acre) and within the Hillside Overlay District - APN: 1061-261-01. Related records: Tentative Tract Map SUBTT20042, Variance DRC2016-00748, Variance DRC2017- 00014 and Tree Removal Permit DRC2016-00376. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff provided a project overview to the Committee Commissioner Macias asked staff whether each lot provided an adequate area for a horse corral that met the required 70 -foot buffer from the neighboring residences. He also stated that he wanted staff to provide the Commissioners with an update at the Planning Commission outlining how the future homeowner would be informed about the maximum permitted lot coverage. Staff informed the Committee that each lot would provide the required horse corral area at the required separation distance from the neighboring residences. The applicant. Bryan Avilla, then provided the Committee with a brief overview on the design of the project site and stated that they would provide the new property owners with a disclosure statement outlining the maximum lot coverage. The meeting was then opened for public comment. Joseph Cowan. president of the Alta Loma Riding Club. asked whether project density was calculated from gross lot size and stated that the Alta Loma Riding Club was concerned the project only provided 1 point of access, that the equestrian trail system did not loop and that the lots that were near maximum lot coverage would not be able to construct a covered corral area. Staff stated that lot coverage was calculated from gross lot size, as required by the Development Code. The applicant stated that the stream bed running through the site limited providing a loop trail and that the property owners of the public street to the east were opposed to a street connection with the project. A second member of the public. Mrs. Judith Brennan. asked whether the project would provide an equestrian connection to Carnelian Street and asked whether a horse trail could be provided adjacent to the east property line, so horses and walkers would not be required to walk in the street. Staff stated that the project would provide 2 equestrian connection points to Carnelian Street and would have the applicant investigate whether it was technically possible to provide an equestrian trail along the east property line. The Committee then recommended that the project move forward to the Trail Advisory Committee for their review and to Planning Commission for final review. Page 3 of 4 CITY OF RANCHO CUCAMONGA MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE C5. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00713 - LVD TERRA VISTA, LLC - A request for site plan and architectural review of a 214 -unit multi -family development on 12.1 acres of land within the Medium High (MH) District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway - APN: 1077-422-97. Related records: Terra Vista Community Plan Amendment DRC2016-00715, Tentative Tract Map SUBTT20054, Minor Exception DRC2016- 00716, Minor Exception DRC2017-00159 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff provided a project overview to the Committee and raised 2 design issues regarding adding additional pilasters around the pool areas and wood trellis structures to the front elevation of the carriage unit. which are currently a homebuyers option. The applicant agreed to add the pilasters around the pool area and wants to leave it up to the homeowners as to whether they wanted to purchase the trellis structure to the front elevation of the carriage unit as an option. They went on to state that at a similar project that they recently constructed. no homeowners selected the trellis structure option. The Commissioners agreed with the applicant that the trellis structures would not be required. The Commissioners recommended that the project move forward to the Planning Commission for final review with the addition of pilasters around the pool area. D. ADJOURNMENT 8:56 P.M. The Design Review Committee 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 Committee. I, Jennifer Palacios, Office Specialist II with the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on day, Thursday, March 2, 2017, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, CA. Jennifer Palacios Office Specialist II City of 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. Page 4of4 13uilding setbacks: As indicated in Table V-4. v O a) >. a) a a) O E �- vi O G7 a ' c�C �o }° aci c j a h E v- .5 E'� �o0`°v)a.>•c-m 0 > a� 2 u) mast o u) F t!) v- L O a C L U ca U a C E to to }' a E C> 0.°-' a IF O O o Cl/ 'O +.; o o D O c0 O +' L. 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O a� y -0 0 > O CD O .0 a) 0 C O, C E GC) Q4-' v E a a) -O v) y) C. .C) 04-,C i L >n�O vi a EQ> 3 O0 . cc CI) C. C_VoL 0O aCC I.- .8." f- i L0. O a. L > •„ ,O+ v.'�00�Loaai�..� ar 0 'a' es yU.O+0., 0 L ,-' a ca o 0 .fl �3cv�c,,CvoV)cCOcn a c.c c c a 0. 0 }- n a U c� -. _ cn CO cO 0 Pc slip EXHIBIT H Medium Hi v) o a co aE c a o o cc 0 it > c 0) co W C+-' oL 0) 00 1 E`er C. a) ~ > 41 CD co v) CO c C a) ao 11 a m 0 an C o aaaia) a 3 +� a J .a N Uses permitted: 42 c CO a a) At co E 0 o 'o C a .0 °) E43. la 0 U C U U . O .a U 0. as o � Q c0 ›+-' > 0 c7). E 2 (COI o Single family attached dwellings. Community facilities as specified below. Accessory uses as specified above. Site development standards: • Building site area: 1 acre minimum. (o P255 c c co a) co `6 o) a) cn Q) L c U co LA O r -C _° c .c U a) O c 12 5 a. •E +-' t Q 0 •y O ccG E o c c> _c c 6 O ca d >+ O a) E U +S+ O d a3 n3 0 0 x 3 0 cam) a) U >,V a5i m co 2-a 0 ca ai °p vai c LA U ca a) ca N 0 .0 "' >, a) ra c 'a L "O +. 2 cn to _o E > •C O co C >+ a) 0) N -p Q O c -vmE'rco a° o ca cn c O a) +. a ;� N Q n- 0 c Q. ° O c u 0-0 ,� > o O t6 ,O ... Nco c 0 O a) "O c _ co co as O • O'aL.c "0 ui•0-0 a) o a) d E �-- C 7 '� -a 3 d G •p a a) •5 6 C O r• O a N o U EO °a )U :0 CO •> r > O N a) 'a c Cv) 1- E L rc a) O O in bcn a) O6 O -p> o o +' V iE aL° co O a) uS a °ado nE81L+�Q-E 0. u)c � > � > ° � -a o _a -o akIJ ci >, �° o aci ° 7 d a) a) > O a) c ca co E CD C 0 N 0- CI ° w E * co co _� coc o cn p O- cn u) a) = 'v) ro a) o E > °- co .c m U .c5a)� . co.o.5 no°Q._4 (b)Building setbacks: As indicated in Table V-4. P256 LO E r co o soc o c c m E vi 0 0 U L (V O O O ci a) �j c •3 c V 7.1 E 4= d a a) to 0 ct Q 0 RS + 'L3 co" o O a) c N Q d +�+ L d i+ L c U4cri a co L L \ co Q LTC N Q cn E E c6 `° a% i ° m Qi o c E O •Q ii = In O d a) C 0 X U L c C V12 e4 lC 'D 'a 'C a) O •5 a) a) u7 cC > 12 O ti ar _ L •L E a E -o .� -c c. 2 o m o y s L a 6 O O a c cn .2 en D � •L c cn .� p O c �c Z` E a) 3 ti CL m ca in a� Q� 3 E a)17) o - acid ��y-a ,o Er 1,?c°;`-c U> Q a) 15 a) E L O E C E c R3 0 U mN •> O O L'++ cv9 w d C t c a a) j C iij p Ti 0. Y •� L a> E o MI O a) .c 5(firc (a O a) d IP°0 c 'd R 1- Q r Y y O •Q :0 to a 3 U Q c p a>i a) 0. N t a) = d C(0 O a� L CD a) .c �' rn0 �' c)U o c*• a) -0 E'er — >_ �'>= co a)i5 E c a `� r m CO o cr a� ca 1.) .L m cv m- 5m 5 5 .c o C� cn .- CO a m m m I- --. 4 • Q 0Q 4 0) i RANCHO CUCAMMONGA Planning Department (909) 477-2750 P25 Print Form ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. Upon review of the completed Initial Study Part 1 and the development application, additional information such as, but not limited to, traffic, noise, biological, drainage, and geological reports may be required. The project application will not be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Part 11 as required by CEQA. In addition to the filing fee, the applicant will be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, analysis, recommendations, mitigations, etc., of any special studies or reports. GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the lime 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: DRC 2016-00713 Project Title: Haven Avenue Name & Address of project owner(s): LVD Terra Vista, LLC 1156 N Mountain Ave • Upland, CA 91786 Name & Address of developer or project sponsor: LVD Terra Vista, LLC 1156 N Mountain Ave Upland, CA 91786 Updated 4/11/2013 Page 1 of 10 EXHIBIT I P258 Contact Person & Address: Adam Collier, Project Manager 1156 N Mountain Ave, Upland, CA 91786 Name & Address of person preparing this form (if different from above): Telephone Number: 909-946-7593 PROJECT INFORMATION & DESCRIPTION: Information indicated by an asterisk (*) is not required of non -construction CUP's unless otherwise requested by staff. *1) Provide a full scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): Southwest corner of Chuch and Terra Vista Parkway 4) Assessor's Parcel Numbers (attach additional sheet if necessary): 1077-422-97 *5) Gross Site Area (ac/sq. ft.): 12.1 *6) Net Site Area (total site size minus area of public streets & proposed dedications): 12.1 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): None Updated 4/11/2013 Page 2 of 10 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: Grading Permit, Encroachment Permit, Building Permit Stormwater Pollution Prevention Plan Water Quality Management Plan 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 currently vacant and was previously heavily disturbed and mass graded. The site contains a low stockpile of soil from when the adjacent retail center was constructed. The site undergoes quarterly land maintenance to manage weeds and rodents. Updated 4/11/2013 Page 3 of 10 P259 P260 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information (books, published reports and oral history): None, the site has been previously disturbed and mass graded 11) Describe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Adjacent roadway noise from Haven Avenue, Church St, Terra Vista Parkway, and Town Center Drive. See noise study. 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 contains 214 for -sale units on a 12.1 acre site. The product contains 81 detached bungalow units, and 133 attached townhome units on a condominium map. This results in a site density of 17.7 DU/AC. The project also includes multiple amenities in exceedance of Municipal Code requirements including a recreation center, pool, spa, tot lot, multiple bbq areas, pocket parks, etc. The project will construct the main backbone and perimeter improvement in Phase 1 with the models, while the remaining units will be built out in a phase approached. Grading is anticipated to start in late summer 2017. • • 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.): To the west of the site is Haven Avenue and an existing hard lined flood control channel. To the north is Church street and existing medium to low -medium density residential. To the east is existing office parks, and to the south is existing commercial centers. Updated 4/11/2013 Page 4 of 10 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? No, the proposed project is consistent with the scale and character of the surrounding development 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? Short-term noise will be due to construction, namely grading and earthwork. Long-term operational noise will be minor. See noise study for further information *16) Indicate proposed removals and/or replacements of mature or scenic trees: None 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: The site will convey storm water flows to an existing storm drain in Town Center Drive 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at (909) 987-2591. a. Residential (gal/day) 54,784 Peak use (gal/Day) b. Commercial/Ind. (gal/day/ac) Peak use (gal/min/ac) 19) Indicate proposed method of sewage disposal. + ❑ Septic Tank CI Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at (909) 987-2591. a. Residential (gal/day) 40,66 b. Commercial/Industrial (gal/day/ac) Updated 4/11/2013 Page 5 of 10 P261 A P262 RESIDENTIAL PROJECTS: 20) Number of residential units: 214 Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: Attached (indicate whether units are rental or for sale units): Units are detached and attached but proposed on a condo map. 21) Anticipated range of sale prices and/or rents: Sale Price(s) $TBD to $ Rent (per month) $ to $ 22) Specify number of bedrooms by unit type: Bungalows: P1 = 2, Plan 2 = 4, Plan 3 = 3 Townhomes: P1 = 3, P2 = 3, P3 = 3, P4 = 4 23) Indicate anticipated household size by unit type: size is 3. Per SCAG, Rancho Cucamonga's average household 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: Updated 4/11/2013 Page 6 of 10 P263 26) Total floor area of commercial, industrial, or institutional uses by type: 27) Indicate hours of operation: 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): 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): 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. CVWD is the water and sewer purveyor for the site and have provided will -serve letters. Updated 4/11/2013 Page 7 of 10 P264 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, 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. No 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 35) The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project. Al! checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission/Planning Director hearing: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: Signature: Title: Updated 4/11/2013 Page 8 of 10 P265 ATTACHMENT "A" CITY OF RANCHO CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single -Family Multi -Family Neighborhood Commercial General Commercial Office Professional Institutional/Government Industrial Park Large General Industrial Heavy Industrial (distribution) Sewer Flows Single -Family Multi -Family General Commercial Office Professional Industrial Park Large General Industrial Heavy Industrial (distribution) Source: 705 gallons per EDU per day 256 gallons per EDU per day 1000 gal/day/unit (tenant) 4082 gal/day/unit (tenant) 973 gal/day/unit (tenant) 6412 gal/day/unit (tenant) 1750 gal/day/unit (tenant) 2020 gal/day/unit (tenant) 1863 gal/day/unit (tenant) 270 gallons per EDU per day 190 gallons per EDU per day 1900 gal/day/acre 1900 gal/day/acre Institutional/Government 3000 gal/day/acre 2020 gal/day/acre 1863 gal/day/acre Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 Updated 4/11/2013 Page 9 of 10 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 6061 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909) 988-8511 4 Updated 4/11/2013 Page 10 of 10 P266 P267 BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1. Project File: Terra Vista Community Plan Amendment DRC2016-00715, Tentative Tract Map SUBTT20054, Design Review DRC2016-00713, Variance DRC2017-00215, Minor Exception DRC2016-00716 and Minor Exception DRC2017-00159. 2. Related Files: Pre -Application DRC2016-00361 3. Description of Project: The project is for the development of 214 multi -family residential units (Design Review DRC2016-00713) on 12.1 acres on land at the southwest corner of Church Street and Terra Vista Parkway. The project includes a tentative tract map (SUBTT20054) for condominium purposes, which includes 33 numbered Tots and 3 lettered lots. The project also includes a Terra Vista Community Plan Amendment (DRC2016-00715) to modify the development criteria for the Medium High (MH) District. Related files include a Minor Exception (DRC2016- 00716) to reduce the required on-site parking, a Minor Exception (DRC2017-00159) to increase property line wall heights due to on-site grades and a Variance (DRC2017-00215) for increased wall heights for sound attenuation purposes. 4. Project Sponsor Name and Address: LVD Terra Vista, LLC 1156 North Mountain Avenue Upland, CA 91786 5. General Plan Designation: Medium High (MH) District 6. Zoning: Medium High (MH) District 7. Surrounding Land Uses and Setting: The project site and the surrounding parcels to the north, south and west are all within the Terra Vista Community Plan area. The project site is within the Medium High (MH) District, which permits 14 to 24 dwelling units per acre. There is existing single-family residential development to the north within the Medium (M) District; to the south there is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and, to the west, across Haven Avenue, there is vacant land within the Mixed Use (MU) District that is under review for a senior care facility and a commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site. The site drains generally from north to south and is covered by non-native grasses. 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: Tabe van der Zwaag (909) 477-2750, extension 4316 P268 Initial Study for City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 2 10. Other agencies whose approval is required: (e.g., permits, financing approval, or participation agreement) GLOSSARY — The following abbreviations are used in this report: CALEEMOD — California Emissions Estimator Model CVWD — Cucamonga Valley Water District EIR — Environmental Impact Report FEIR — Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES — National Pollutant Discharge Elimination System NOx — Nitrogen Oxides ROG — Reactive Organic Gases PMKo — Fine Particulate Matter RWQCB — Regional Water Quality Control Board SCAQMD — South Coast Air Quality Management District SWPPP — Storm Water Pollution Prevention Plan ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than -Significant -Impact" as indicated by the checklist on the following pages. (1) Aesthetics (✓) Biological Resources (✓) Greenhouse Gas Emissions () Land Use & Planning ( ) Population & Housing (✓) Transportation/Traffic (✓) Agricultural Resources (✓) Cultural Resources () Hazards & Waste Materials () Mineral Resources () Public Services () Utilities & Service Systems (✓) Air Quality (✓) Geology & Soils (✓) Hydrology & Water Quality (✓) Noise () Recreation () Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: () 1 find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. V) () O I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Rev 3-17 Initial Study for City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 3 () 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 mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared By: Reviewed By: Rev 3-17 P269 P270 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 4 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? () () () V) 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. Haven Avenue, which runs adjacent to the project site, is a special boulevard and a designated view corridor according to General Plan Figure LU -6. The development of the project site will not negatively impact the Haven Avenue view corridor. Therefore, no adverse impacts are anticipated. 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 at the southwest corner of Church Street and Terra Vista Parkway and is characterized by residential development to the north and by commercial and office development to the east, west and south. The visual quality of the area will not degrade as a result of the project as the proposed multi -family development will become a larger part of the community. The project was reviewed by the City's Design Review Committee and is consistent with the Development Code and Terra Vista Community Plan design guidelines. 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 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 plans on file include a photometric exhibit illustrating that the design and placement of Tight fixtures are in conformance with City standards including providing required 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. Rev 3-17 P271 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 5 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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? () () () (v) c) Conflict with existing zoning for, or cause re -zoning of, forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? () () () (✓ ) d) Result in the loss of forest land or conversion of forest land to non -forest use? () () () (✓) e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? () () () (✓) Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located at the southwest corner of Church Street and Terra Vista Parkway and is characterized by residential development to the north and by commercial and office development to the east, west and 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 the General Plan and the California Department of Conservation Farmland Map 2010. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmland parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore no impacts would occur related to the conversion of forest land to Rev 3-17 P272 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 6 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. No mitigation is required. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore no impacts would occur related of the loss or conversion of forest land to non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. e) The site is located at the southwest corner of Church Street and Terra Vista Parkway and is characterized by residential development to the north and by commercial and office development to the east, west and south. The nearest agricultural use is more than 2.5 miles to the northeast of the project site. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non -forest use. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the 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? () (✓) () ( ) d) Expose sensitive receptors to substantial pollutant concentrations? () (✓) () ( ) e) Create objectionable odors affecting a substantial number of people? () () () (✓) Comments: a) As discussed in subsection b, the project would not exceed any air quality standards and 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. b) Both the State of California and the Federal government have established health -based ambient air quality standards (AAQS) for seven air pollutants. These pollutants include ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), coarse particulate matter with a diameter or 10 microns or less (PMio), fine particulate matter less than 2.5 (PM2.5) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PMio and PM2.5) are considered regional pollutants while the others Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 7 Issues and Supporting Information Sources: pp g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (H2S), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PMio), fine particulate matter less than 2.5 (PM2.5) microns in diameter, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by the EPA to classify regions as "attainment" or "non -attainment" depending on whether the regions met the requirements stated in the primary NAAQS. Nonattainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin's compliance with the FCAA. The South Coast Air Basin is in Non -Attainment Status for Ozone, PMio and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air• Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality Impact Analysis (date) was prepared by Landrum & Brown (March 16, 2017) that utilizes CaIEEMod (Version 2016.3.1) to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Rev 3-17 P273 P274 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 8 Issues and Supporting Information Sources:Potentially PP g Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Short Term (Construction): Project Emissions and Impacts The project is for the development of a 214 -unit multi -family project. The project site is currently vacant land. The potential emissions associated with construction of the project are described in the following sections. Summary of Peak Construction Emissions (Emissions Summary of Overall Construction with Best Available Control Measures) Table 5 Total Construction Emissions by Activity Activity Grading (2017) Paving (2017) Paving (2018) Construction (2018) Construction (2019) Architectural Coating (2018) Architectural Coating (2019) Significance Threshold Exceed Threshold? co 18.2 15.2 14.9 20.4 19.7 Daily Emissions (lbs/day) NOx VOC PMlo PMLs 34.8 20.7 17.5 27.4 25.0 3.1 2.0 1.7 3.3 2.9 8.0 1,2 1.0 1.6 1*4 4.9 1.1 0.9 1.4 1.2 SO: 0.0 0.0 0.0 0.0 Q.0 2.2 2.0 6.3 0.2 0.2 0.0 2.2 1.9 6.3 0.1 0.1 0.0 550 100 75 150 55 150 No No No No No No Construction activities associated with the project will result in emissions of CO, VOCs, NOx, SOX, PMio and PM25 and are expected from the following construction activities: demolition, grading (including soil import), building construction, painting (architectural coatings) paving (curb, gutter, fiatwork, and parking lot), and construction worker commuting. Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 9 Issues and Supporting Information Sources: pp g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Localized Significance Summary (Construction Emissions with Best Available Control Measures) Table 7 On -Site Emissions By Construction Activity Daily Emissions (lbs/day) Activity CO NO: PMtt PM7.5 Grading (2017) 18.0 34.8 8.0 4.9 Paving (2017) 15.0 20.7 1.2 1.1 Paving (2018) 14.8 17.5 1.0 0.9 Construction (2018) 17.6 23.4 1.5 1.4 Construction (2019) 17.2 21.1 1.3 1.2 Architectural Coating (2018) 1.9 2.0 0.2 0.2 Architectural Coating (2019) 1.8 1.8 0.1 0.1 Significance Threshold 2193 270 16.0 9.0 Exceed Threshold? No No No No Table 8 On -Site Emissions By Concurrent Construction Activities Daily Emissions (lbs/day) Activity CO NOx PMio PM2.5 Grading, Paving (2017) 33.1 55.5 9.2 6.0 Paving, Construction, Architectural Coating (2018) 34.2 42.9 2.6 2.4 Construction, Architectural Coating (2019) 19.0 22.9 1.4 1.3 Significance Threshold 2193 270 16.0 9.0 Exceed Threshold? . No No No No Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities envisioned on site would vary daily as construction activity levels change. The use of construction equipment on site would result in localized exhaust emissions; however, as shown in the tables above, the amount will not exceed any threshold of significance. Rev 3-17 P275 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 10 Issues and Supporting Information Sources: pP g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Fugitive Dust Fugitive dust emissions are generally emissions associated with land clearing and exposure of soils to the air and wind, and cut -and -fill grading operations. Dust generated during construction varies substantially on a project -by project basis, depending on the level of activity, the specific operation and weather conditions at the time of construction. Construction emissions can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions and other factors. The proposed project will be required to comply with SCAQMD Rules 402 and 403 to control fugitive dust. Architectural Coatings Architectural coatings contain VOCs that are similar to ROCs and are part of the 03 precursors. Based on the proposed project, it is estimated that the proposed project will result in a maximum of approximately 55 lbs of VOC per day (combined for all construction sources) during construction. Therefore, this VOC emission is the principal air emission and is less than the SCAQMD VOC threshold of 75 lbs/day. Odors Heavy-duty equipment in the project area during construction would emit odors. However, the construction activity would cease to occur after individual construction is completed. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402 the proposed uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on-site and existing off-site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos The proposed project is located in San Bernardino County and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestos (NOA) during project construction is small and Tess than significant. Based on the discussion above and with implementation of the following Best Available Control Measures (BACM) identified in the Air Quality Impact Analysis by Landrum & Brown (March 16, 2017) as mitigation measures, short-term, construction impacts will be less -than -significant: 1) All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at Rev 3-17 P276 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 11 and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Cumulative Impacts: Short -Term Construction Emissions Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.5 and PM10) would exceed SCAQMD thresholds for significance; therefore, they would all be cumulatively considerable if they cannot be mitigated on a project basis to a level less -than -significant. This city-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. With implementation of the following best practices and mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize short-term air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 4) 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. 5) 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. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. Rev 3-17 P277 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 12 Issues and Supporting Information Sources: PP g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 7) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 8) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) 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. 10) 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 25mph) 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. 11) 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. 12) 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. Project Long Term (Operational) Emissions and Impacts Long-term air pollutant emissions are those associated with stationary sources and mobile sources involving any project -related changes. The proposed project would result in a net increase in the amount of development in the area; therefore, the proposed project would Rev 3-17 P278 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 13 Issues and Supporting Information Sources: PP g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-site buildings and electricity for the lighting in the buildings and at the parking area. As shown in the following tables, project implementation will not exceed any significance thresholds. No long-term, operational impacts will occur as a result of the project. Summary of Peak Operational Emissions Table 9 Total Operational Emission Daily Emissions (lbs/day) Activity CO NOx VOC PMxo PM 2.5 SOX Vehicular Emissions 20.0 12.0 2.0 3.9 1.1 0.1 Energy 0.4 0.8 0.1 0.1 0.1 0.0 Architectural Coating 0.0 0.0 0.0 0.0 0.0 0.0 Landscaping 17.7 0.2 0.5 0.1 0.1 0.0 Regional Significance 550 55 55 150 55 150 Threshold Localized 2,193 270 -- 4 2 -- Significance Thresholdf Exceed Thresholds? No No No No No No Cumulative Impacts (Long Term/Operational Emissions) The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the potential impacts to air quality based on the future build out of the City. In the long-term, continued development would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, all developments would be cumulatively significant if they cannot be mitigated on a project basis to a less -than -significant level. This City-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. With implementation of the following mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize Tong -term, operational air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 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. Rev 3-17 P279 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 14 Issues and Supporting Information Sources: SSignfi a gnificanny t Impact Less Than Significant Wah Mitigation Incorporated Less Than Significant Impact No Impact 15) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 16) Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 17) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 18) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. c) As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. With implementation of mitigation measures listed in subsection b) above from the City's 2010 General Plan FPEIR, which are designed to minimize long-term, operational air quality impacts, cumulative impacts will be less -than -significant. 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: Tong -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 within 1/4 mile of single-family residences. The localized significance thresholds (LSTs) were calculated based on an observer distance of 82 feet. LSTs are the maximum emissions at a project site that are not expected to cause or contribute to an exceedance of the most stringent federal or state AAQS. LSTs are based on the ambient concentrations of that pollutant within the project SRA and the distance to the nearest sensitive receptor. SCQQMD's Final Localized Significance Threshold Methodology states that the LST methodology applies to project -specific level project. Construction and operation activities associated 'with the proposed project would generate emissions. However, the emissions were shown not to exceed the significance thresholds and therefore would not cause a significant air quality impact on nearby sensitive receptor. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under subsection b above and the following mitigation measure will reduce any potential impact to less -than -significant levels. 19) 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 Rev 3-17 P280 P281 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 15 Issues and Supporting Information Sources:Potentially PP g Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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. Operational odors (Long-term) are not typically associated with the type of use. Odors from the proposed multi -family residential development would most likely be from activities such as the cooking of food and the disposal of refuse, however, these odors would be minimal and not considered to be significant. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? () (✓) () ( ) b) Have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? () () () (✓) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? () () () (✓) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? () () () (✓) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? () () () (✓) f) Conflict with the provisions of an adopted Habitat 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, commercial and office uses. The site has been previously disrupted during construction of infrastructure and surrounding developments/annual discing for weed abatement. According to the General Plan Figure RC -4, and Section 4.4 of the General Plan FPEIR, the project site is not within Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 16 Issues and Supporting Information Sources: pp g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact an area of sensitive biological resources. A Biological Resources Survey (Dudek; October 14, 2016) was conducted on the project site. Literature and field reconnaissance surveys were conducted to determine the likelihood of occurrence of any special -status plant or wildlife species. Two vegetation communities, disturbed habitat and ornamental planting, were mapped within the project survey area. A total of 5 plant species, 3 native and (or naturalized) plants (60%) and 2 non-native plants (40%), were recorded during the survey. No special -status plant species were identified within the site during the reconnaissance survey. A total of 1 mammal, 6 birds, 2 reptiles and 1 invertebrate species were observed. There is no USFWS designated critical habitat or listed wildlife species within the study area. The project site did contain burrows that were suitable for burrowing owl occupation, though no burrowing owls or signs of their presence was observed. No jurisdictional wetland or non -wetland waters were identified. Additionally, no riparian habitats were identified. The Biological Resources Survey concluded that the proposed development will not contribute to long-term cumulative impacts to biological resources. The Survey did recommend that a burrowing owl and nesting bird survey be conducted prior to any earth moving activities. With implementation of the following mitigation measures, no adverse impacts are anticipated. 1) Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non- invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 3 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre -construction survey shall be provided to CDFW and the City. If the pre -construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre - Rev 3-17 P282 P283 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 17 Issues and Supporting Information Sources: PP g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 3 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non -migratory resident burrowing owls during a pre -construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 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 potentially may move through the north/south trending tributaries in the northern portion of the City and within the Sphere of Influence (SOI). The Biological Resources Survey (Dudek; October 14, 2016) states that the project site is not located within a wildlife movement corridor or habitat linkage area. Therefore, no adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC -1. No conflicts with habitat conservation plans will occur. Rev 3-17 P284 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 18 Issues and Su ortin Information Sources: PP g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? () () () (✓) b) Cause a substantial adverse change in the significance of an archeological resource pursuant to § 15064.5? () (✓) () ( ) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? () (✓) () ( ) d) Disturb any human remains, including those interred outside of formal cemeteries? () () () (✓) e) Directly or indirectly affect a Native American tribal cultural resource: () (✓) () ( ) 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). A Cultural Resources Survey (Dudek; October 7, 2017) was submitted for the project which included a records search at the South Central Coastal Information Center (SCCIC) for a one -mile radius around the project site. Two records were found that included surveys of the project site and the surrounding land. Neither study identified any cultural resources within or adjacent to the project site. The records search also identified 23 additional studies within one-half mile of the project site. No previously recorded cultural resources were identified within the project area, however 9 resources were identified within a 1 -mile radius. These historic -era resources included five residences, a winery, a ranch and a now vacant Pacific Electric Railway Corridor. Many of these resources have been demolished for new development. The nearest resources are a historic -era residence and winery building located approximately .5 miles from the project site. The Native American Heritage Commission (NAHC) was contacted to request a search of the Sacred Lands File to determine the presence of cultural resources within 1 mile of the site. The NAHC responded that that their records showed no previously identified sacred land or areas of cultural importance with the project area. The Survey also included an intensive pedestrian survey which showed signs of previous earthmoving activities including discing/plowing, grading and the stockpiling of construction spoils. The previous earthmoving activities limited the amount of vegetation within the APE, which allowed excellent ground visibility. No artifacts or features were identified. The Survey concluded that there is a low potential for the inadvertent discovery of cultural resources during ground moving activities. Based on these observations, no cultural monitoring is recommended during future ground disturbing activities related to the current project. No impact on cultural resources is expected. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 19 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact on the future build out of the City. The following mitigation measures as identified in the FPEIR shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 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: Rev 3-17 P285 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 20 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact • 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/annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. e) In conformance with California State Bill (SB) 18, on December 18, 2016 staff sent a Tribal Consultation Request of the proposed project to a list of tribal communities provided by the Native American Heritage Commission. A letter dated December 16, 2016, was received by staff from the Gabrieleno Band of Mission Indians — Kizh Nation requesting that a certified Native American Monitor be on site during any and all ground disturbances. Staff also sent out a Tribal Consultation request in conformance with California Assembly Bill (AB) 52 on February 22, 2017, of the proposed project to the Soboba Band of Luiseno Indians, the San Manuel Band .of Mission Indians, the San Gabriel Band of Mission Indians and the Torres Martinez Desert Cahuilla Indians. The City has not been contacted to date in regards to the (AB) 52 notification letter. With the following mitigation measure, impacts to the cultural resources will be less than significant. 3) A Gabrieleno Band of Mission Indians — Kizh Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Rev 3-17 P286 l P287 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 21 Issues and Supporting Information Sources: Pp g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. () () () (✓) ii) Strong seismic ground shaking? () () () (✓) iii) Seismic -related ground failure, including liquefaction? () () () (✓) iv) Landslides? () () () (/) b) Result in substantial soil erosion or the loss of topsoil? () (✓) () ( ) 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 .78 miles north of the site, and the Cucamonga Fault Zone lies approximately 3.5 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 Mw 7.5 earthquakes is 12 miles northeasterly of the site and the San Andreas, capable of up to Mw 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. 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 Rev 3-17 P288 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 22 Issues and Supporting Information Sources: Potentiallyigifnt Significant Impact Less Than Significant Witha Mitigation Incorporated Less Than Significant Impact No Impact exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less -than -significant levels: 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 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 SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The 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 loamy sand and 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 Tujunga loamy sand and Tujunga gravelly loamy sand/ Soil association according to General Plan FPEIR Exhibit 4.7-3. The Tujunga series are deep, excessively drained soils that formed in alluvium derived from granitic rock. They occur on alluvial fans and may include a thin layer of human -transported materials in urban areas. 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 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 23 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? () (✓) () ( ) b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? () () (✓) ( ) Comments: a) Regulations and Significance — The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas (GHG) emissions reduction target in Executive Order (EO) S-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009 the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1) that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines 6 key GHGs (carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SFs)). The combined emissions of these well -mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of 3 to 4 degrees Fahrenheit (°F) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State's infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in -State and out -of -State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping Rev 3-17 P289 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 24 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a qualitative analysis (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana -Arrow Highway station. The Upland station monitors all criteria pollutants except PMio, PM2.5, and SO2 which are monitored at the Fontana -Arrow Highway station. The ambient air quality in the project area for CO, NO2, and SO2 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PMio, and PM2.5 levels all exceed State and Federal standards regularly. Project Related Sources of GHG's — Based on the Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to an existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. The City of Rancho Cucamonga has not adopted a threshold of significance for GHG emissions. However, a screening threshold of 3,000 MTCO2e per year is based upon South Coast Air Quality Management District staffs proposed GHG screening threshold for stationary sources emissions for non -industrial projects, as described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans. Project related GHG's would include emissions from direct and indirect sources. Based on the Greenhouse Gas Analysis (Landrum & Brown; January 5, 2017), total project related emissions would be 2,507 MTCO2eq/year, as shown in the following table: Rev 3-17 P290 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 25 Issues and Supporting Information Sources: pp g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Table 4 Total Construction CO2 Emissions Annual Emissions (MT/Year) Activity CO2 CH4 N20 CO2EQ Grading (2017) 539.3 0.2 0.0 543.4 Paving (2017) 387.5 0.1 0.0 390.5 Paving (2018) 381.4 0.1 0.0 384.4 Construction (2018) 543.0 0.1 0.0 546.0 Construction (2019) 536.9 0.1 0.0 539.9 Architectural Coating (2018) 51.4 0.0 0.0 51.5 Architectural Coating (2019) 51.3 0.0 0.0 51.4 Total Emissions 2,490.9 0.7 0.0 2,507.2 Project Life Average Annual Construction Emissions* 83.0 0.02 Q.0 83.6 Screening Threshold: 3,000 Exceed Threshold? No *Based on 30 Year Project Life Per SCAQMD Significance Thresholds As shown in the table, direct and indirect operational emissions associated with the project as compared to the SCAQMD's interim threshold of significance of 3,000 MTCO2e per year would result in a less than significant impact with respect to GHG emissions. Cumulative Short Term (Construction) GHG Emissions - The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel -powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHG's occur during site preparation including demolition, grading and excavation. Construction related GHG's are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on site. The combustion of fossil - based fuels creates GHG's such as CO2, Ch4, and N20. CH4 is emitted during the fueling of heavy equipment. Based on the Greenhouse Gas Analysis (Landrum & Brown; January 5, 2017), no significant impacts to GHGs from short-term construction impacts would occur as a result of the project as shown in the table above. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant short-term cumulative impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: Rev 3-17 P291 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 26 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 5) Construction should be timed so as not to interfere with peak -hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for the construction crew. Cumulative Long Term (Operational) GHG's Emissions — The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off-site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project for "adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold. The project involves the construction of 214 multi -family residential units and therefore would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and Tess than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARB Scoping Plan mandated under AB 32. The proposed project will incorporate several design features including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. Additionally, the City is participating in the development of a Sustainable Communities Strategy (SCS) with SANBAG for the San Bernardino County area pursuant to Senate Bill (SB) 375. Rev 3-17 P292 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 27 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Based on the Greenhouse Gas Analysis (Landrum & Brown; January 5, 2017), no significant impacts to GHGs from long-term, operational impacts would occur as a result of the project as shown in the table above. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant long-term operational impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or Tight emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Rev 3-17 P293 P294 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 28 Issues and Supporting Information Sources: pp g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. b) The project involves the development of 214 multi -family residential units, which is consistent with the General Plan. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update includes adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re -use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project includes water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks and therefore is consistent with the sustainability and climate change policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant, unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. Based on the Greenhouse Gas Analysis (Landrum & Brown; January 5, 2017), no significant impacts to GHGs from short-term, construction impacts or long-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to GHGs from short-term construction and long- term operational cumulative impacts is also considered minimal. With implementation of the mitigation measures listed in subsection a), less than significant impacts would occur as a result of the project. In addition, the proposed project would not hinder the State's GHG reduction goals established by AB 32 and therefore would be less than a significant impact. 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? () () • () (✓) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? () () () (✓) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? () () () (✓) Rev 3-17 P295 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 29 Issues and Supporting Information Sources: pP gSignificant Potentially Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 or 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, which is considered a full service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less -than -significant. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive than any other in the 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 schools located within 1/4 mile of the project site. The nearest school, Ruth Musser Middle School (10789 Terra Vista Parkway), is located .17 miles from the project site. The project will be required to comply with existing State and Federal standards on the use and transport of hazardous materials. No impacts are anticipated. Rev 3-17 P296 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 30 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections 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 not within 2 miles of a public airport. The project site is located approximately 6 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 and 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 wind -driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS -1. No impact is anticipated. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge 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 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? () () () (✓) Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 31 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? () () () (✓) f) Otherwise substantially degrade water quality? () (✓) () ( ) g) Place housing within a 100 -year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? () () () (✓) h) Place within a 100 -year flood hazard area structures 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. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non -storm water discharges to storm sewer systems and other waters of the nation. • Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project's construction contractor will be required to prepare Rev 3-17 P297 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 32 Issues and Supporting Information Sources: PP gSignificant Potentially Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact an 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 exhibit, prepared by Madole and Associates (August, 2016), which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall 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) 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. Rev 3-17 P298 P299 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 33 Post -Construction Operational: 6) 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. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 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. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. 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. Rev 3-17 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Post -Construction Operational: 6) 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. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 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. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. 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. Rev 3-17 P300 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 34 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. With implementation of the mitigation measures specified under subsection a), less than significant impacts are anticipated. 8) The developer shall implement the BMPs identified in the Water Quality Management exhibit prepared by Madole and Associates (August, 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g) 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. 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 adequately convey floodwaters from a 100 -year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete -lined channels, and underground storm drains as shown in General Plan Figure PS -6. The project site is not located within a 100 -year flood hazard area according to General Plan Figure PS -5. No adverse impacts are expected. 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. Rev 3-17 P301 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 35 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () (✓) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? () () () (✓) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? () () () (✓) Comments: a) The site is located at the southwest corner of Church Street and Terra Vista Parkway and is characterized by residential development to the north and by commercial and office development to the east, west and south. This project will be of similar design and size to the multi -family development along Church Street to the east of the project site. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Medium High (MH) District The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, or SCAG's Regional Comprehensive Plan. The Medium High designation is characterized by condominium and apartment buildings with a density of 14 to 24 dwelling units per acre. The project is for the development of attached and detached multi -family residential units with a density of 17- 24 dwelling units per acre. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC -4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; 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. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? () () () (✓) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? () () () (✓) Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure RC -2 and Table RC -1; therefore, there is no impact. Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 36 Issues and Supporting Information Sources: pp g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact 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. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? () (✓) () ( ) b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? () () () (✓) c) A substantial permanent increase in ambient noise 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, would the project expose people residing or working in the project area to excessive noise levels? () () () (✓) Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Figure PS -9 at build out. A Noise Analysis (Landrum & Brown; March 27, 2017) was submitted for the project which reviewed both building exterior and interior noise levels as well as project construction noise levels. The study found that traffic noise levels will be the dominant noise source in the area. Traffic noise along the adjacent roadways (Haven Avenue, Church Street, Foothill Boulevard, Town Center Drive and Terra Vista Parkway) either approaches or exceeds 65 dB. The study determined that the exterior noise levels of the units facing Church Street, Terra Vista Parkway and Town Center Drive will not require noise remediation measures. The second floor decks are on the opposite side of the building from the adjacent roadways and will be screened by the roadways. The optional third floor decks on the row townhome buildings will require mitigation measures if they are located within the 65 dB contours of the roadways. Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue will require a noise barrier 5 feet in height around the perimeter of the deck. Rooftop decks on the buildings facing Terra Vista Parkway will not require noise mitigation as the buildings are located outside of the 65 dB noise contour. The project site will includes walls at least 6 -feet high along Haven Avenue. The results of the analysis indicate that higher noise barriers will be required along Haven Avenue. Rev 3-17 P302 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 37 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant wth Mitigation Incorporated Less Than Significant Impact No Impact These noise barriers will range in height from 7 to 8-1/2 feet in height (see Exhibit 3 of Noise Analysis by Landrum & Brown; March 27, 2017 for exact height and location). Upper floor building surfaces in the project will be exposed to noise levels as high as 71.4 dBA, and therefore will require more than 26 dBA of outdoor -to -indoor noise reduction in order to meet the 45 dBA interior noise standard. With construction practices common in California, residential buildings achieve an outdoor -to -indoor noise reduction of at least 20 dB. Windows with ratings as high as STC 32 may be required in order to meet the interior noise standard of 45 dB. Windows will be required to be closed in order to meet the interior standard. Subsequently, mechanical ventilation will also be required within any units where the windows need to be closed. A final acoustical report will be required to review the construction plans to verify that the recommended upgrades will meet the outdoor -to -indoor noise reduction requirements for the project. The nearest sensitive land uses are the existing residences to the north of the project site. These residences are approximately 100 feet from the construction zone. Based on this distance, the unmitigated peak construction noise levels would be in the 74 to 89 dBA range for short periods of time. The average noise levels are typically 5 to 15 dB lower than peak noise levels. Average noise levels at the closest residential properties will be in the range of 64 to 79 dBA (approximately 10 dB lower than peak noise levels). These noise levels are above current noise levels experienced in the area, and therefore, significant increases may occur due to construction noise. The resultant noise levels are higher than existing ambient conditions, but are not excessively high. This level of noise is common in many urban areas. Limiting construction noise to those hours consistent with the City's Noise Ordinance will be necessary and is required as well as providing temporary noise barriers for construction activities closet to residences. With the following mitigation measures, interior, exterior and construction related noise impacts will be Tess than significant: Exterior: 1) Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue shall provide a noise barrier 5 feet in height around the perimeter of the deck. 2) Solid block walls shall be provided along Haven Avenue and a portion of the south property line that range in height from 7 to 8-1/2 feet in height (see the Exhibit 3 in the acoustic report submitted for the project (Landrum & Brown; March 27, 2017 for the height and location of these walls). 3) 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. 4) Provide temporary noise barriers for all construction activities that take place in close proximity to the adjacent residences. Rev 3-17 P303 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 38 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than S'gnificant Impact No Impact Interior: 5) A final acoustical report shall be submitted prior to approval of building permits to review the construction plans to verify the incorporation of the sound reduction measures outlined in the acoustic study (Landrum & Brown; March 27, 2017) and any additional mitigation measures deemed necessary to bring the project interior noise levels into conformance with the City's indoor noise standards. 6) Submit a letter from an acoustic engineer verifying that the recommended noise mitigation measures were incorporated prior to final Planning Department approval of any building within the project. b) The normal operating uses associated with this type of project normally do not induce ground borne vibrations. With the exterior mitigation measures outlined above, the construction related vibration will be less than significant. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. Because the project will not significantly increase traffic as analyzed in Section 16 Transportation/Traffic; it will likely not increase 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: 7) 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. 8) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 9) 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 but do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: Rev 3-17 P304 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 39 10) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan is not within 2 miles of a public airport. The Project is 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. 13. POPULATION AND HOUSING. Would the project: Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than (✓) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Significant Mitigation Significant No c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Impact Incorporated Impact Impact 10) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan is not within 2 miles of a public airport. The Project is 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. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? () () () (✓) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? () () () (✓) 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. The project is located in a predominantly developed area and will include the construction of 214 multiple -family units. Although the project will increase the population growth in the area there will be a less than significant impact as the project is consistent • with the underlying Zoning and General Plan Designation. • The density was analyzed as part of the build out in the General Plan FPEIR. Construction activities at the site will be short-term and will not attract new employees to the area. No significant impacts are anticipated. b) Because the property is vacant, there will Therefore no adverse impact is expected. c) Because the property is vacant, there will Therefore no adverse impact is expected Rev 3-17 be no displacement of housing or people. be no displacement of housing or people. P305 P306 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 40 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () V) b) Police protection? () () () (✓) c) Schools? () () () (✓) d) Parks? () () () (✓) e) Other public facilities? () ( ) ( ) (✓) Comments: a) The site, located at the southwest corner of Church Street and Terra Vista Parkway, would be served by Rancho Cucamonga Fire Station #12 (9612 San Bernardino Road) located approximately 1.25 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) The increase in residential units may lead to an increase in calls for service. Although there may be an increase in calls, 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 Central 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, Spruce Avenue Park (7730 Spruce Avenue), is located .25 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. 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 Rev 3-17 P307 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 41 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 closest public library, the Paul A. Biane Library, recently completed a second floor addition that added 13,500 square feet of specialized programming space. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. 15. 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, Spruce Avenue Park (7730 Spruce Avenue), is located .25 miles from the project site. The project is for the development of 214 multi -family housing units. The project site is zoned Medium High (MH) District, which is a residential zoning district. The General Plan contemplated the development of residential units at the proposed density on the project site. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. b) See a) response above. 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? () (✓) () ( ) b) Conflict with an applicable congestion management program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? () () () (✓) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? () () () (✓) Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 42 Issues and Supporting Information Sources: PP g Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? () () () (✓) e) Result in inadequate emergency access? () () () (✓) f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. () () () (✓) Comments: a) A Trip Impact Evaluation (Trames Solutions, Inc.; January 23, 2017) was submitted for the project. The trip generation rates used for the evaluation were based on information collected by the Institute of Transportation Engineers (ITE), as provided by their Trip Generation manual (9th Edition, 2012). The ITE Residential Condo/Town House (133 units) and Single -Family Detached (81 units) land use categories were utilized to determine trip generation rates and peak hour trip generation. The proposed project is anticipated to generate a net total of approximately 1,544 based trip -ends per day with 118 AM peak hour trips and 151 PM peak hour trips. The City of Rancho Cucamonga does not maintain their own traffic study guidelines and instead defer to the County of San Bernardino Congestion Management Plan (CMP) traffic study guidelines. The County of San Bernardino CMP requires a traffic study be prepared if a project generates 250 two-way peak hour trips and that expects to add at least 50 peak our trips to a key intersection. Based on the analysis conducted for the proposed project, no study area intersections were determined to have a direct significant impact due to the proposed project. However, a cumulative impact is anticipated at the intersection of Terra Vista Parkway/Town Center Drive under Existing Plus Ambient Plus Cumulative Plus Project (EACP) 2019 conditions. The deficient intersection of Terra Vista Parkway/Town Center Drive is not anticipated to meet traffic signal warrants. Converting the two-way stop control to an all -way stop control at the deficient intersection is anticipated to mitigate the level of service to acceptable conditions (LOD "D" or better). 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. With the following mitigation measures, the traffic impact will be less than significant. 1) Provide an all -way stop control at the Terra Vista/Town Center Drive intersection. 2) Provide stop sign control at the project driveways. 3) On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. 4) Verify that minimum sight distance is provided at the project driveways. Rev 3-17 P308 P309 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 43 and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less ThanIssues Significant Impact No Impact b) The County of San Bernardino Congestion Management Plan (CMP) estimates that each Residential Condo/Townhouse units will generate 5.81 two-way peak hour trips daily and the Single Family Detached units will generate 9.52 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 6 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 during construction and upon completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The design of the project includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction including providing bicycle storage areas and being in close proximity to a transit stop. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? () () () (/) b) Require or result in the construction of new water or 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 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? () () () (✓) Rev 3-17 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 44 Issues and Supporting Information Sources: pp g potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 projects projected demand in addition to the provider's existing commitments? () () () (✓) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? () () () (✓) g) Comply with Federal, State, and local statutes and regulations related to solid waste? () () () (✓) Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP -1 and RP -4 treatment plants. The RP -1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP -4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for buildout of the General Plan. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. 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. The CVWD provides water treatment, storage and distribution of domestic water to Rancho Cucamonga and portions of the cities of Ontario and Fontana, and a tract in Upland. The current daily water usage in the CVWD service area is approximately 41.7 million gallons per day (mgd). Residential water use amounts to about 60 percent of the total water consumed. Landscaping (public and private) is the next largest consumer of water at 20 percent. Under Senate Bill 610 (SB 610), Water Supply Assessments are required for projects that exceed the following sizes: 1) residential development of more than 500 dwelling units; 2) shipping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet; 3) commercial office buildings employing more than 1,000 persons or having more than 250,000 square feet; 4) hotel or motel having more than 500 rooms; 5) industrial, manufacturing, processing plant, or industrial park housing more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet; 6) mixed use project including one or more of the projects specified above; 7) any other project that would demand an amount of water equivalent to or greater than the amount of water required by a 500 -dwelling unit project; and 8) any Rev 3-17 P310 P311 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 45 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system. Under SB 221, a Water Supply Assessment is required when: 1) A project that is a residential development of more than 500 dwelling units; 2) a project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system; and 3) applies to development agreements that Include such subdivision. The City has determined that the proposed project does not meet one of the requirements; therefore, a Water Supply Assessment is not required. As discussed, 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. No impacts are anticipated. 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. 18. 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 cause substantial adverse effects on human beings, either directly or indirectly? () () () (1) Rev 3-17 P312 Initial Study for: City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 46 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant Wh Mitigation Incorporated Less Than Significant Impact No Impact 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. A Biological Resources Survey (Dudek; October 14, 2016) was conducted on the project site. There is no USFWS designated critical habitat or listed wildlife species within the project area. The project site did contain burrows that were suitable for burrowing owl occupation, though no burrowing owls or signs of their presence was observed. No jurisdictional wetland or non -wetland waters were identified. Additionally, no riparian habitats were identified. The Biological Resources Survey concluded that the proposed development will not contribute to long-term cumulative impacts to biological resources. The Survey did recommend that a burrowing owl and nesting bird survey be conducted prior to any earth moving activities. With implementation of the mitigation measures outlined in Section 4 (Biological Resources), no adverse impacts are anticipated. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build -out in the City and Sphere -of -Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less -than -significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. 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 Rev 3-17 { Initial Study for City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 47 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): (T) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (T) Terra Vista Planned Community EIR (SCH #81082808, certified February 16, 1983) Technical Appendences (A) Air Quality Assessment (Landrum & Brown; January 5, 2017) (B) Biological Resources Letter (Dudek; October 14, 2016) (C) Cultural Resources Letter (Dudek, October7, 2016) (D) Greenhouse Gas Assessment (Landrum & Brown; January 5„ 2017) (E) Noise Analysis (Landrum & Brown; March 1, 2017) (F) Traffic Impact Analysis (Trames Solutions; January 23, 2017) Rev 3-17 P313 P314 Initial Study for City of Rancho Cucamonga TVCPA DRC2016-00715, SUBTT20054, DR DRC2016-00713, VAR DRC2017-00215, ME DRC2016-00716 AND ME DRC2017-00159 Page 48 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature: Date: ! e: -/C? /C? Print Name and Title. nrt-‘ Co Wt eq., ?Q -c--1 C 0 A'C-c(L Rev 3-17 1-1- a >- Cn 1— J 1-- z H J U W 2 U C.9 z_ 0 1— z 0 5 z 0 1- 0 1- 5 LVD Terra Vista. LLC 0 a Project File No.: DRC2016-00713/SUBTT20054 March 27, 2017 Initial Study Prepared by: Tabe van der Zwaa Sanctions for Non -Compliance v N v N v (-N N • Verified Date /Initials 00 a Review of Plans f A/C a 0 Timing of Verification Review of Plans Review of Plans u) c as a 0 3 a) .5 a) CL Monitoring Frequency 0 0 0 0 Mitigation Measures No. / Responsible Implementing Action for Monitoring Section 3 — Air Quality 0 a 0 a 4) All construction equipment shall be maintained PD 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. 5) Prior to the issuance of any grading permits, 1 PD/BO 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. 1) All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered at least three (3) times daily during dry weather 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 315 1 Sanctions for Non -Compliance dr N N dr N dr N dr N di- N dr N dr N V' -a- Verified Date /Initials Method of Verification 0 a a a s 0 0 a s 0 Q Q Timing of Verification Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans During Construction Monitoring Frequency U 0 m 0 0 0 0 0 0 0 0 Responsible for Monitoring O m 0 m 0 m 0 a 0 CO 0 CO 0 CO 0 CO 0 CO 0 CO 0 CO Mitigation Measures No. / Implementing Action 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use 8) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) 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 10) 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 var de•endirr• u•on the time of P316 1.0 4- 0 CN 4) 0) ca Sanctions for Non -Compliance v. cr C N Verified Date /Initials Q Q Q Q Method of Verification Q Q Q Q 0 Timing of Verification During Construction During Construction c 0 •++ U 7 L c o 0 0) c •c 0 c 0 Y 0 7 L c 0 0 0) c •c 0 During Construction During Construction During Construction During Construction Review of Plans Monitoring Frequency 0 0 0 0 0 0 0 0 0 0 Responsible for Monitoring o m 0 m m 0 m 0 16) Comply with the AQMP Miscellaneous BO Sources PRC -03, and • Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. m Mitigation Measures No. / Implementing Action year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24 -inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 12) 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 PMKo emissions. 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 planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 17) All residential and commercial structures shall be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, 317 4- 0 co N 0) co 0_ f Sanctions for Non -Compliance N { N I M Verified Date /Initials Method of Verification 0 Timing of Verification Review of Plans Review of Plans 0 0 0 ft 9- 0 0 .; 0 X Monitoring Frequency 0 U 0 U U Responsible for Monitoring O m O m 1) Three days prior to the removal of vegetation pp or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non- invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Mitigation Measures No. / Implementing Action and water heaters. 18) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 19) 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. Section 4 - Biological Resources 318 1.0 1-- 4- 0 - 0 co a. Sanctions for Non -Compliance ( M Verified Date /Initials Method of Verification 0 Timing of Verification t O 0 0) EC 4- 0 3 cu .> a) CC Monitoring Frequency 0 Responsible for Monitoring 0 (3_ Mitigation Measures No. / Implementing Action Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. c 3 t c O= -0 a T p C O Z. C "- 016 a) C v a) — a) E '. a CO a) w a3 0 O. ,- CO L CO Z O tCW On Q p d C L N O L O o) >, c0 N c T f) 75 X (n V a) 'OD a) r-. P _ •� N o) N 0 C ,` N co T co p •ca) O co a) L V' c c U "O a) L C L p +L., r,, .— L O 7 ''•' mc)= Z N >. O O CD 0 P 0 CO 7 co 0 E Q.c� �.. °,- U N O N 1-9 N O a) �'� a) C N a-p� O o (1) 2 o)=v. a) m" .E a) E v, -F- = E m 3 y .L.. a) c .c o >. N o — N •- Ei co v .` N L. p E U c (� 3 a) O O c� m o3L a) 3 o a) c� �}> 0 0 c = a) 0 t +..'E " p+' "y -o (0 C rL ~ N O (n U >"..--- CO O = U L co O N 7 C U E T ao >gv� E 0 a E 0) C j y m o) m 73 Z 0 cc a) s a) C m `) a)su a H L_ u) p) O 0 c o)a) o_a c co -c}, m o3 3 ccoo-0 =} N coi:E u w z� 3 =..r 3 0 o c c) u) c -c-.- Lac m y o O� p cn � 3 E 3 o C c L a) o,_ L (/) ._ N O N c o C c c p p i s c o '.- 0 0 a) m }. -o Q a) o �0 `'ui2 cn O)0a)0co0rnorn•cpO-0rna)o E -Dv)c .n = 3' C a)O °).-c5 c0 u) a) C L C coW U U L C D 0 Q(0 C a) �' •_ 'a) "6 Q a) co a) _ o)' >.. L >. 7 7 ' d 7 C '+• Q) a) •tA N -p to w c0 co c U 0 c C a) L 3 O— N to LL N O '~ O V) a) m ;_, _o O 2= O N L N c0 C N C 2 (0 D p f0 c0 C D C L ,_ O c> O 0. cc) p a+ U p a) a) O O) E L m O O= o= L O a) O E a) a) cn o L _ ig a) '+., c -o a) .- O m u) m m o U o L C L +. o "o U C .o d a) O o) O (0 v) E 0 „= co •c ( a C '0 U 0C -15 rn;, o- O = = Q N a°�aOo-cm.=.Ey • P319 U) 9- 0 1.0 a) 0) (0 11 Sanctions for Non -Compliance Verified Date /Initials Method of Verification 0 Timing of Verification Review of Report Monitoring Frequency 0 Responsible for Monitoring PD/BO Mitigation Measures No. / Implementing Action .: E"= LO 3 >;a) a) o al v, E -o CD CO (1.) "0 U) CO aW U).....- o� O a);13 O o u, a) cO _c oto. ca) • 4_2MZ' sc E °� cam~ .. ,_,ca) c o0,7cO..CO-0 a) c�°o 3v,o°v, E u) c' ".0 U N E 1-). N 4' O _ f0 Q0 +.,; a) C C c fn CD CD 0 O L 7 L ' a) C .� O N 7 E O CO N 0 O -o O c a) M .00 as.— C .& N .LO.� E c0 co c L O •V, C O '7) U) .... _ C E O - _ w .. • a) >' _ 'O -C 'O C y \O O a) a) E .c «.. 7 v, 0 7 O > N c my E v, u, •C aim a, _c o =n o m a) 3 >, a)c`O 'O 7 c O C O U C O , --� c�i N N 7 O O•- 'E rn m p ccn _ U c >. p c0 °c am a., � 'CO X 7? 3 3� N m a '3 c c ., -p U — ' L00 Ma)m0 CLL a)c�ojo : E='3.cnmc a) co c0 X .c >O N a) -o N -p O .. u) a a) O •0) U N 0 .. �+ U to p c0 yl -O U a) U a)E3 a)3 3a)a)c'- mu)ornLa)oOa)a)v�7 c - o.L c 2-0 o =µ-Vim ,'2.' 7 a)•`~ a.a) c-`~.-. a) n u_o>>a)) u)aloL 3.0 Cll mo �aE>EcOcn>c ocn.O C"O.0 7� U Cl" 0 0LL 0..'C_..0 o— c U QC CO U p Section 5 — 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. P320 O CD a) c0 Sanctions for Non -Compliance M M N M f Tr Verified Date /Initials Method of Verification 0 0 0 0 0 Timing of Verification Review of Report Review of Report 0 .= S O C U co 7 N Q+`-) w C Q' co o Review of Report 0 CD0 O N a) Q' Monitoring Frequency 0 0 0 m 0 m Responsible for Monitoring PD/BO PD/BO 0 a • Prepare a technical resources I pp 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. 0 a. Mitigation Measures No. / Implementing Action • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archeological sites, capping or covering site with soil, planning the site as a park or green space or paying an in-kind mitigation fee. 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: P321 Ln •t- 4- 0 4- 0 N rn co Sanctions for Non -Compliance v v rel cn cr v c Verified Date /Initials Method of Verification o Review of Report ND 0 0 0 a Q Q Timing of Verification Review of Report D Review of Report Review of Report Review of Report During Construction During Construction Monitoring Frequency M 0 m 0 m 0 0 Responsible for Monitoring o CL 0 m 0 a. 0 a. 0 a. 0 CO 0 m Mitigation Measures No. / Implementing Action • 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 (Le., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. 3) A Gabrieleno Band of Mission Indians — Kizh Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Section 6 — Geology and Soils 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMio emissions, in accordance with SCAQMD Rule 403 or re- planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMKo emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. P322 1.0 0 co rn CIS EL Sanctions for Non -Compliance Tr Ct rl d' Tr d' Tr N Verified Date /Initials Method of Verification Q Q Q Q < < < Q 0 Timing of Verification During Construction During Construction During Construction During Construction During Construction l During Construction During Construction During Construction During Construction Monitoring Frequency o 0 0 0 0 0 0 0 Q Responsible for Monitoring o m o m 1) The project must comply with all rules that BO assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 0 m BO 0 m BO 0 m 0 m Mitigation Measures No. / Implementing Action 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 PMio emissions. Section 7 — Greenhouse Gas Emissions Short Term (Construction) GHG Emissions 2) The construction contractor shall select construction equipment based on low - emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' s•ecification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 5) Construction should be timed so as not to interfere with peak -hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. Long Term (Operational) GHG Emissions 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials P323 Sanctions for Non -Compliance N Verified Date /Initials Method of Verification Q 0 Timing of Verification c 0 U to cc o o rn0.)c_ L.. 0 c 0 U 1_ 0 0 c *c 0 Monitoring Frequency U Q Responsible for Monitoring 8) Design all buildings to exceed California BO Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems . • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. 0 CO Mitigation Measures No. / Implementing Action that are resource efficient, recycled, and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and a g g fiances including low flow faucets, 324 L0 A- 0 0 0 N- CD ^ W 0) CD 0_ Sanctions for Non -Compliance N r N N Verified Date /Initials Method of Verification 0 0 a 0 a Timing of Verification Review of Plans w c CO EL ww o 3 a)a) .5 a) rY un c co 0 3 .5 a) CC Monitoring Frequency Q o U m 0 U m Responsible for Monitoring w o 0 m 2) An Erosion Control Plan shall be prepared, BO 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. Mitigation Measures No. / Implementing Action dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Section 9 — Hydrology and Water Quality Construction Activities 1) Prior to issuance of grading permits, the permit applicant shall 'submit to Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. P325 N- 9- 0 - 0 a) rn c6 0_ Sanctions for Non -Compliance N N N N I N Verified Date /Initials Method of Verification a a a 0 a Timing of Verification Review of Plans Review of Plans a o a, a 0 3 % .> Wrc re B/C/D ] Review of Plans Monitoring Frequency B/C/D B/C/D o U m 0 U m Responsible for Monitoring m m 5) Prior to issuance of .grading or paving BO 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. m m Mitigation Measures No. / Implementing Action 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 6) 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. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure ade•uate 326 Page 12 of 15 Sanctions for Non -Compliance ,:r N V V- V- Tr Verified Date /Initials Method of Verification 0 Q 0 Q 0 Q 0 0 Timing of Verification Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Monitoring Frequency B/C/D CO CO m 0 m Responsible for Monitoring 0 m 0 m Li a PD/BO 0 m a a PD/BO Mitigation Measures No. / Implementing Action coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole and Associates (August, 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Section 12 — Noise Exterior 1) Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue shall provide a noise barrier 5 feet in height around the perimeter of the deck. 2) Solid block walls shall be provided along Haven Avenue and a portion of the south property line that range in height from 7 to 8- 1/2 feet in height (see the Exhibit 3 in the acoustic report submitted for the project (Landrum & Brown; March 27, 2017 for the height and location of these walls). 3) 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. 4) Provide temporary noise barriers for all construction activities that take place in close proximity to the adjacent residences. P327 Page 13 of 15 Sanctions for Non -Compliance N N nr d N Verified Date /Initials Method of Verification 0 0 Q Q Q Timing of Verification U 0 During Construction c 0 0 7 N c O 0 rn c 0 During Construction Monitoring Frequency m m 0 0 0 Responsible for Monitoring 0 a 0 a 0 m 0 m PD Mitigation Measures No. / Implementing Action L. 0 c Q) c 5) A final acoustical report shall be submitted prior to approval of building permits to review the construction plans to verify the incorporation of the sound reduction measures outlined in the acoustic study (Landrum & Brown; March 27, 2017) and any additional mitigation measures deemed necessary to bring the project interior noise levels into conformance with the City's indoor noise standards. 6) Submit a letter from an acoustic engineer verifying that the recommended noise mitigation measures were incorporated prior to final Planning Department approval of any building within the project. 7) 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. 8) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 9) The perimeter block wall shall be constructed P328 Page 14 of 15 Sanctions for Non -Compliance ( r-- 4 d' co co co co Verified Date /Initials Method of Verification During Construction A 0 0 0 0 Timing of Verification Prior to Construction Prior to Construction Prior to Construction Prior to Construction Monitoring Frequency U m m m m Responsible for Monitoring 0 m 0 a 0 m 0 m 0 m 0 m Mitigation Measures No. / Implementing Action as early as possible in the first phase. 10) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), .then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Section 15 — Transportation/Traffic 1) Provide an all -way stop control at the Terra Vista/Town Center Drive intersection. 2) Provide stop sign control at the project driveways. 3) On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. 4) Verify that minimum sight distance is provided at the project driveways. Key to Checklist Abbreviations 0 m 2 To LL O c O as '0 O O a) CC v 0 L -c E a) d 0) '17) .= m O O) c U N 0 -0 0 L N T 0 C a) 0 O 0 0 0 O a) CO 0 la= a) m 0 v 0 L M a) 0 0 O 4 o O m O 00 w 0 c .(0 m UD 6 - Revoke CUP c O ca 0 r Method of Verification c O U a) 0 N) a) N 0 m 0 a 0 E a`) d T 0 c a) O) L_ 0 C - Plan Check D - Separate Submittal (Reports/Studies/ Plans) 0 w 0 - LL .0 0 2 c a) E 0. 0 > 0) 0 ID d z L 0 m w B - Prior To Construction c 0 0 7 cC O 0 O L 0) 7 0 L 1- 0 C 0 .17) 0. E O 0 c 0 0 Responsible Person CD m c 0) a) v 0 0 0 0 a) 0 C 0) E 0 0 0 a>) 0 T C 7 E E O 0 0 0 0 a) a) c 0) N a) v `o 0 `) 0 0) c c c a) d d 0) m c 0) 0) v a) 0) .0) c w 0 w 0 a) a) c 0) N a) V `O m 'U 0 0) c ' 0 m C 0) N a) v `o c 0. f0 0 .) 0 a O d a) 0) c 0) N a) O 0) 0 0 0 w P329 Page 15 of 15 P330 RESOLUTION NO. 17-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT20054 - A REQUEST SUBDIVIDE 12.1 ACRES OF LAND FOR AIRSPACE PURPOSES FOR 214 RESIDENTIAL CONDOMINIUM UNITS RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 - UNIT, MULTI -FAMILY DEVELOPMENT WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. LVD Terra Vista, LLC filed an application for the approval of Tentative Tract Map SUBTT20054, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a 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 May 10, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and c. The project is for the development of a 214 -unit, multi -family residential project (Design Review DRC2016-00713) on 12.1 acres on land; and d. The project includes a tentative tract map (SUBTT20054) for condominium purposes, which includes 33 numbered lots and 3 lettered lots; and ATTACHMENT 2 ( PLANNING COMMISSION RtSOLUTION NO. 17-35 TENTATIVE TRACT MAP SUBTT20054 LVD TERRA VISTA, LLC May 10, 2017 Page 2 e. The project includes a Terra Vista Community Plan Amendment (DRC2016-00715) to modify the development criteria for the Medium High (MH) District, a Minor Exception to reduce the required on-site parking (DRC2016-00716) and a Variance (DRC2017-00215) and Minor Exception (DRC2016-00159) for wall heights. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans. The tentative tract map is for the subdivision of 12.1 acres of land for airspace purposes for 214 residential condominium units and is consistent with the intent of the Medium High (MH) residential designation, which is characterized by condominiums and apartment buildings with a density of 14 to 24 dwelling units per acre. The project is for the development of a multi -family, for sale residential project with a density of 17.7 dwelling units per acre. b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans. The project site is within the Medium High (MH) District of the Terra Vista Community Plan. The intent for the Medium High (MH) District is for the development of multi -family dwellings with a range of 14 to 24 dwelling units per acre. The project is for the development of a multi -family, for sale residential project with a density of 17.7 dwelling units per acre. c. The site is physically suitable for the type of development proposed. The project site is well suited for the proposed 214 -unit multi -family development, which includes vehicle access from 3 public streets and is in an area developed with attached and detached residential development. d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. An environmental review was completed for the project which concluded that with the proposed mitigation measures, the project would have a less than significant impact on the environment. e. The tentative tract is not likely to cause serious public health problems. The project site is being subdivided for residential purposes and will not include the use of hazardous materials that would cause public health issues. f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. The subject property does not contain any easements that would limit access to or use of the project site. 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 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 P331 ( PLANNING COMMISSION RcSOLUTION NO. 17-35 TENTATIVE TRACT MAP SUBTT20054 LVD TERRA VISTA, LLC May 10, 2017 Page 3 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 adopt the Mitigated Negative. 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Tentative Tract Map application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for Tentative Tract Map SUBTT20054 for the subdivision of 12.1 acres of land for airspace purposes for 214 residential condominium units, which includes 33 numbered lots and 3 lettered lots for a site located at the southeast corner of Church Street and Terra Vista Parkway. APN: 1077-422-97. 2) Approval for Tentative Tract Map SUBTT20054 is contingent upon Planning Commission approval of Design Review DRC2016-00713 and City Council approval of Terra Vista Community Plan Amendment DRC2016-00715 and adoption of the related Mitigated Negative Declaration. 3) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. P332 PLANNING COMMISSION R,_oOLUTION NO. 17-35 TENTATIVE TRACT MAP SUBTT20054 LVD TERRA VISTA, LLC May 10, 2017 Page 4 4) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: rancisco Oaxaca, Chairman Candyc ($urnett, Secretary I, Candyce Burnett, 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 10th day of May 2017, by the following vote -to -wit: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NONE NONE NONE P333 RkNCI R) ( al'cA‘IONG Conditions of Approval ( Community Development Department Project #: SUBTT20054 DRC2016-00713, DRC2016-00715, DRC2016-00716, DRC2017-00159, DRC2017-00215 P334 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. A certified Native American monitor acceptable to both the Gabrieleno Band of Mission Indians Kizh Nation and the San Manuel Band of Mission Indians be on site during any and all ground disturbances. 2. Exterior Noise: 1) Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue shall provide a noise barrier 5 feet in height around the perimeter of the deck. 2) Solid block walls shall be provided along Haven Avenue and a portion of the south property line that range in height from 7 to 8-1/2 feet in height (see the Exhibit 3 in the acoustic report submitted for the project ( Landrum & Brown; March 27, 2017 for the height and location of these walls). 3) 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. 4) Provide temporary noise barriers for all construction activities that take place in close proximity to the adjacent residences Interior Noise: 5) A final acoustical report shall be submitted prior to approval of building permits to review the construction plans to verify the incorporation of the sound reduction measures outlined in the acoustic study (Landrum & Brown; March 27, 2017) and any additional mitigation measures deemed necessary to bring the project interior noise levels into conformance with the City's indoor noise standards. 6) Submit a letter from an acoustic engineer verifying that the recommended noise mitigation measures were incorporated prior to final Planning Department approval of any building within the project. www.CityofRC.us Pr.nted <V112017 2017 Project #: SUBTT20054 DR( 16-00713, DRC2016-00715, DRC2016-( , DRC2017-00159, DRC2017-00215 P335 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. Traffic: 1) Provide an all -way stop control at the Terra Vista/Town Center Drive intersection. 2) Provide stop sign control at the project driveways. 3) On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. 4) Verify that minimum sight distance is provided at the project driveways. Standard Conditions of Approval 4. 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. 5. 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. 6. Improve thermal integrity of the buildings and reduce thermal Toad with automated time clocks or occupant sensors. 7. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 8. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 9. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 10. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. www.CityofRC.us Printed 4/13/2017 Page 2 of 19 Project #: SUBTT20054 DR4 16-00713, DRC2016-00715, DRC2016-1 , DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P336 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 11. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 12. 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 Archaeological Information Center for permanent archiving. www.CityofRC.us Printed' 4/13/2017 Page 3 of 19 Project #: SUBTT20054 DR( 16-00713, DRC2016-00715, DRC2016-( , DRC2017-00159, P337 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 16. 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. 17. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 18. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 19. Trucks shall not idle continuously for more than 5 minutes. 20. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 21. Construction should be timed so as not to interfere with peak -hour traffic. 22. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 23. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 24. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. www.cityofRC.us Printed. 4/13/2017 Page 4 of 19 Project #: SUBTT20054 DJ 016-00713, DRC2016-00715, DRC2016( 6, DRC2017-00159, P338 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 25. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 26. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. 27. 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. 28. 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. 29. 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. www.CityofRC.us Printed: 4/13/2017 Page 5 of 19 Project #: SUBTT20054 DRC 16-00713, DRC2016-00715, DRC2016-C( DRC2017-00159, P339 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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. 31. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 32. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 33. 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. 34. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.CityofRC.us Printed: 4/13/2017 Page 6 of 19 Project#: SUBTT20054 Dr 016-00713, DRC2016-00715, DRC201( ,6, DRC2017-00159, P340 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 35. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 36. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Printed: 4/13/2017 Page 7 of 19 www.CityofRC.us Project #: SUBTT20054 D 016-00713, DRC2016-00715, DRC201 ,6, DRC2017-00159, DRC2017-00215 P341 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 37. 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. 38. 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. 39. 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. 40. 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. 41. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 42. 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. 43. The perimeter block wall shall be constructed as early as possible in the first phase. 44. 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. 45. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 46. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. Printed 4/13/2017 Page 8 of 19 www.CityofRC.us ( Project #: SUBTT20054 DR( )16-00713, DRC2016-00715, DRC2016( ,), DRC2017-00159, P342 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 47. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 48. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 49. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 50. 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. 51. 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. 52. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 53. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 54. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 55. 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. Engineering Services Department Please be advised of the following Special Conditions 1. Haven Avenue frontage improvements to be in accordance with City "Major Divided Arterial" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Remove existing drive approach and replace with curb and gutter and sidewalk. C. No driveways to Haven Avenue. D. Protect or replace existing signing and striping as required. www.CityolRC.us Printed 4/13/2017 Page 9 of 19 ( Project #: SUBTT20054 DR( )16-00713, DRC2016-00715, DRC2016- DRC2017-00215 ..,, DRC2017-00159, Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P343 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 2. Church Street frontage improvements to be in accordance with City "Modified Secondary with Median" standards including: A. Protect or repair existing curb and gutter as required. B. Provide sidewalk as required. C. Proposed driveway shall align with existing street on the opposite side and be in accordance with the City Driveway Policy. D. Provide adequate sight distance for proposed driveway on Church Street, which may include removal of street trees within the median upon approval of the City Public Works Department. E. Protect or replace existing signing and striping as required. 3. Terra Vista Parkway West frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Proposed driveway shall align with existing driveway on the opposite side a C. Protect or replace existing signing and striping as required. 4. Developer shall install a dark fiber conduit package fronting the development. Two 4" Schedule 40 PVC conduits, along with three 1 1/4" innerducts in one of the 4" conduits, per City Standard 145, with connection through the parkway to each lot or parcel (fiber -to -the curb, FTTC). The size, placement, and location of the conduit shall be shown on the Street Improvement Plans and subject to Engineering Services Department review and approval prior to issuance of Building Permits or final map approval, whichever comes first. 5. Development impact fees will be collected at the building permits. This development is not subject to the drainage nor park impact fee. Note: fees are subject to change annually. 6. The existing ramps located at the southeast corner of Church and Haven, the southwest corner Church and Terra Vista, and the north west corner of Town Center and Terra Vista shall be evaluated for conformance to current ADA regulations. If the ramps do not meet ADA regulations then the developer shall be responsible for providing design and reconstruction of the ramps for compliance. Design shall be completed and improvements secured for prior to issuance of Building permit or approval of final subdivision map whichever occurs first. The reconstruction along with all public improvements shall be completed prior to occupancy. 7. The northwest portion between the existing channel and Haven Avenue is currently publically maintained. Update the existing maintenance area to meet the low maintenance requirements. "Public landscape areas are required to incorporate substantial areas (40 percent) of mortared cobble or other acceptable non -irrigated surfaces." In -lieu of updating the current LMD area, the City may quitclaim the existing LMD area and dedicate to the HOA for maintenance. Standard Conditions of Approval www.CityofRC us Printed 4/13/2017 Page 10 of 19 Project #: SUBTT20054 DR( )16-00713, DRC2016-00715, DRC2016& s, DRC2017-00159, P344 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. Town Center Drive frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Protect or replace existing signing and striping as required. 9. This property has already joined the appropriate Landscape and Lighting Districts. 10. Corner property line cutoffs shall be dedicated per City Standards. Lines C7, C1, and C4 shall conform to City Standard 100-B. 11. Construct the following perimeter street improvements including, but not limited to: Church St: Side -walk Drive Appr. Street Trees Terra Vista: Street Trees 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. 12. 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. www.CityofRC.us Printed: 4/13/2017 Page 11 of 19 Project*: SUBTT20054 DR( 16-00713, DRC2016-00715, DRC2016- J, DRC2017-00159, P345 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3 -inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per ADA Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 14. 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. Drainage facilities on-site shall be privately maintained and transition to a public storm drain at the right-of-way on Town Center Drive. www.CityofRC.us Printed' 4/13/2017 Page 12 of 19 Project #: SUBTT20054 DR( 16-00713, DRC2016-00715, DRC2016- DRC2017-00215 DRC2017-00159, Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 P346 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 15. 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. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. 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. Street trees are to be planted per public improvement plans only. 16. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 17. 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. 18. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. www.CityofRC.us Printed 4113/2017 Page 13 of 19 Project #: SUBTT20054 DRC( .6-00713, DRC2016-00715, DRC2016-c( DRC2017-00215 DRC2017-00159, p347 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 19. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 20. The developer shall be responsible for the relocation of existing utilities as necessary. 21. 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. 22. 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. 23. 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. Building and Safety Services Department Please be advised of the following Special Conditions 1. Building and Fire Standard Conditions of Approval When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 1. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed 4/13/2017 Page 14 of 19 Project#: SUBTT20054 D( 1016-00713, DRC2016-00715, DRC204 ,6, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 P348 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 2. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Prior to issuance of a grading permit 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. 11. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 12. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. www.CicyofRC. us Printed 4/13/2017 Page 15 of 19 Project #: Project Name: Location: Project Type: SUBTT20054 DRI 16-00713, DRC2016-00715, DRC2016-6 , DRC2017-00159, DRC2017-00215 LewisNan Daele 214 P349 - - 107742297-0000 Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 13. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 14. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 15. 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. 16. All roof drainage flowing to the public right of way (Terra Vista Parkway) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 17. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 18. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 19. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. Printed: 4/13/2017 www.CityofRC.us Page 16 of 19 Project #: SUBTT20054 DRCf 16-00713, DRC2016-00715, DRC2016-El , DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 P350 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 20. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 21. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 22. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 23. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 24. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 25. Prior to the issuance of a grading plan for multi -family projects, the private streets and drive aisles within multi -family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 26. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 27. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 28. 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. The report shalt contain water surface profile gradient calculations for all storm drain pipes 12 -inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 29. Prior to approval of the Water Quality Management Pian (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 31. 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. Printed 4/13/2017 www.CityofRC.us Page 17 of 19 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-c DRC2017-00159, DRC2017-00215 P351 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 32. This project shall comply with the accessibility requirements of the current adopted California Building Code. 33. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 34. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 35. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 36. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 37. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 38. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. Printed 4/13/2017 Page 18 of 19 www.CityofRC. us Project #: SUBTT20054 DRC' .6-00713, DRC2016-00715, DRC2016-0&. . DRC2017-00159, P352 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 39. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 40. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 41. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. www.CityofRC.us Printed: 5/2/2017 Page 19 of 19 P353 RESOLUTION NO. 17-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2016-00713 - A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT, MULTI -FAMILY DEVELOPMENT ON 12.1 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1089- 031-36. A. Recitals. 1. LVD Terra Vista, LLC filed an application for the approval of Design Review DRC2016- 00713, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a 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, itis 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 May 10, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and c. The project is for the development of a 214 -unit, multi -family residential project (Design Review DRC2016-00713) on 12.1 acres on land; and d. The project includes a tentative tract map (SUBTT20054) for condominium purposes, which includes 33 numbered Tots and 3 lettered lots; and ATTACHMENT 3 P354 PLANNING COMMISSION RESOLUTION NO. 17-36 DESIGN REVIEW DRC2016-00713 LVD TERRA VISTA, LLC May 10, 2017 Page 2 e. The project includes a Terra Vista Community Plan Amendment (DRC2016-00715) to modify the development criteria for the Medium High (MH) District, a Minor Exception to reduce the required on-site parking (DRC2016-00716) and a Variance (DRC2017-00215) and Minor Exception (DRC2016-00159) for wall heights. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan. The General Plan Land Use designation of the project site is Medium High (MH) District. The Medium High residential designation is characterized by condominiums and apartment buildings with a density of 14 to 24 dwelling units per acre. The project is for the development of a multi -family, for sale residential project with a density of 17.7 dwelling units per acre. b. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. The project site is within the Medium High (MH) District of the Terra Vista Community Plan. The intent for the Medium High (MH) District is for the development of multi -family dwellings with a range of 14 to 24 dwelling units per acre. c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project includes a Terra Vista Community Plan Amendment (DRC2016- 00715) to create flexibility in the wall and building setbacks, building separations and private open space requirements for new projects with over 200 dwelling units. The project also includes, a Minor Exception to reduce the required on-site parking (DRC2016-00716) and a Variance (DRC2017-00215) and Minor Exception (DRC2016-00159) for wall heights. With approval of the Terra Vista Community Plan Amendment and the exceptions for parking and wall heights, the project will be compliant with the Development Code and the Terra Vista Community Plan. 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. An environmental review was completed for the project which concluded that with the proposed mitigation measures, the project would have a less than significant impact on the environment. 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 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. PLANNING COMMISSION RESOLUTION NO. 17-36 DESIGN REVIEW DRC2016-00713 LVD TERRA VISTA, LLC May 10, 2017 Page 3 b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Design Review application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for Design Review DRC2016-00713, for the site plan and architectural review of a 214 -unit, multi -family development located at the southeast corner of Church Street and Terra Vista Parkway. —APN: 1077- 422-97. 2) Approval for Design Review DRC2016-00713 is contingent upon Planning Commission approval of Tentative Tract Map SUBTT20054 and City Council approval of Terra Vista Community Plan Amendment DRC2016- 00715 and adoption of the related Mitigated Negative Declaration. 3) Add additional pilasters around the pool area to the satisfaction of the City Planner. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 P355 { i P356 PLANNING COMMISSION REaOLUTION NO. 17-36 DESIGN REVIEW DRC2016-00713 LVD TERRA VISTA, LLC May 10, 2017 Page 4 result of such action. The City 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Francisco Oaxaca, Chairman Candy urnett, Secretary I, Candyce Burnett, 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 10th day of May 2017, by the following vote -to -wit: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NONE NONE NONE Conditions of Approval Community Development Department Project #: SUBTT20054 DRC2016-00713, DRC2016-00715, DRC2016-00716, DRC2017-00159, DRC2017-00215 P357 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception. Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. A certified Native American monitor acceptable to both the Gabrieleno Band of Mission Indians — Kizh Nation and the San Manuel Band of Mission Indians be on site during any and all ground disturbances. 2. Exterior Noise: 1) Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue shall provide a noise barrier 5 feet in height around the perimeter of the deck. 2) Solid block walls shall be provided along Haven Avenue and a portion of the south property line that range in height from 7 to 8-1/2 feet in height (see the Exhibit 3 in the acoustic report submitted for the project (Landrum & Brown; March 27, 2017 for the height and location of these walls). 3) 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 4) Provide temporary noise barriers for all construction activities that take place in close proximity to the adjacent residences. Interior Noise: 5) A final acoustical report shall be submitted prior to approval of building permits to review the construction plans to verify the incorporation of the sound reduction measures outlined in the acoustic study (Landrum & Brown; March 27, 2017) and any additional mitigation measures deemed necessary to bring the project interior noise levels into conformance with the City's indoor noise standards. 6) Submit a letter from an acoustic engineer verifying that the recommended noise mitigation measures were incorporated prior to final Planning Department approval of any building within the project. www.CityofRC.us Printed 413/2017 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-C. .6, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P358 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. Traffic: 1) Provide an all -way stop control at the Terra Vista/Town Center Drive intersection. 2) Provide stop sign control at the project driveways. 3) On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. 4) Verify that minimum sight distance is provided at the project driveways. Standard Conditions of Approval 4. 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 10 emissions, in accordance with SCAQMD Rule 403. 5. 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. 6. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 7. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 8. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 9. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 10. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. www.CityofRC.us Printed 4/13/2017 Page 2 of 19 Project #: SUBTT20054 DRc 16-00713, DRC2016-00715, DRC2016-C 16, DRC2017-00159, P359 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 11. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 12. 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 Archaeological Information Center for permanent archiving. Printed 4/13/2017 Page 3 of 19 www. cityofRc. us Project #: SUBTT20054 DRC 16-00713, DRC2016-00715, DRC2016- 16, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P360 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 16. 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. 17. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 18. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 19. Trucks shall not idle continuously for more than 5 minutes. 20. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 21. Construction should be timed so as not to interfere with peak -hour traffic. 22. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 23. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 24. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, Tight fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. Printed 4/13/2017 Page 4 of 19 www.CityofRC.us Project #: SUBTT20054 DI( 016-00713, DRC2016-00715, DRC2016( 716, DRC2017-00159, P361 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 25. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Design irrigation to control runoff and to remove water to non- vegetated surfaces. 26. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. 27. 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. 28. 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. 29. 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. Printed 4/13/2017 Page 5 of 19 www.CityofRC.us Project#: SUBTT20054 DRC 6-00713, DRC2016-00715, DRC2016-C( ,6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 P362 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, 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 Targe 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. 31. All residential and commercial structures shall be required high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 32. All residential and commercial structures shall be required to incorporate thermal weather-stripping. 33. 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. 34. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. contractors to incorporate pane windows and If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Printed: 4/13/2017 www.CityofRC.us Page 6 of 19 Project #: SUBTT20054 DRC( 16-00713, DRC2016-00715, DRC2016-L. 6, DRC2017-00159, P363 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 35. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 36. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Printed 4/13/2017 Page 7 of 19 www.CityofRc.us Project #: SUBTT20054 DRc( 16-00713, DRC2016-00715, DRC20164 16, DRC2017-00159, P364 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 37. 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. 38. 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 (Le., 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. 39. 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. 40. 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. 41 The developer shall implement the BMPs identified in the Preliminary Water Quality Plan (Madole & Associates, February 2016) to reduce construction pollutants storm drain system to the maximum extent practical. 42. Construction or grading shall not take place between the hours of 8:00 p.m. weekdays, including Saturday, or at any time on Sunday or a national holiday. 43. The perimeter block wall shall be constructed as early as possible in the first phase. 44. 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. 45. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 46. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. from Management entering the and 6:30 a.m. on Printed: 4/13/2017 www.CityofRC.us Page 8 of 19 Project #: SUBTT20054 DRC( :6-00713, DRC2016-00715, DRC2016-d .6, DRC2017-00159, P365 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 47. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 48. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 49. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 50. 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. 51. 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. 52. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 53. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 54. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 55. 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. Engineering Services Department Please be advised of the following Special Conditions 1. Haven Avenue frontage improvements to be in accordance with City "Major Divided Arterial" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Remove existing drive approach and replace with curb and gutter and sidewalk. C. No driveways to Haven Avenue. D. Protect or replace existing signing and striping as required. Printed 4/13/2017 Page 9 of 19 www.CityofRC.us Project #: SUBTT20054 DRC( 16-00713, DRC2016-00715, DRC2016-U 6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P366 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 2. Church Street frontage improvements to be in accordance with City "Modified Secondary with Median" standards including: A. Protect or repair existing curb and gutter as required. B. Provide sidewalk as required. C. Proposed driveway shall align with existing street on the opposite side and be in accordance with the City Driveway Policy. D. Provide adequate sight distance for proposed driveway on Church Street, which may include removal of street trees within the median upon approval of the City Public Works Department. E. Protect or replace existing signing and striping as required. 3. Terra Vista Parkway West frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Proposed driveway shall align with existing driveway on the opposite side a C. Protect or replace existing signing and striping as required. 4. Developer shall install a dark fiber conduit package fronting the development. Two 4" Schedule 40 PVC conduits, along with three 11/4" innerducts in one of the 4" conduits, per City Standard 145, with connection through the parkway to each lot or parcel (fiber -to -the curb, FTTC). The size, placement, and location of the conduit shall be shown on the Street Improvement Plans and subject to Engineering Services Department review and approval prior to issuance of Building Permits or final map approval, whichever comes first. 5. Development impact fees will be collected at the building permits. This development is not subject to the drainage nor park impact fee. Note: fees are subject to change annually. 6. The existing ramps located at the southeast corner of Church and Haven, the southwest corner Church and Terra Vista, and the north west corner of Town Center and Terra Vista shall be evaluated for conformance to current ADA regulations. If the ramps do not meet ADA regulations then the developer shall be responsible for providing design and reconstruction of the ramps for compliance. Design shall be completed and improvements secured for prior to issuance of Building permit or approval of final subdivision map whichever occurs first. The reconstruction along with all public improvements shall be completed prior to occupancy. 7. The northwest portion between the existing channel and Haven Avenue is currently publically maintained. Update the existing maintenance area to meet the low maintenance requirements. "Public landscape areas are required to incorporate substantial areas (40 percent) of mortared cobble or other acceptable non -irrigated surfaces." In -lieu of updating the current LMD area, the City may quitclaim the existing LMD area and dedicate to the HOA for maintenance. Standard Conditions of Approval Printed 4/13/2017 Page 10 of 19 www.CityofRC.us Project #. SUBTT20054 DRC( .6-00713, DRC2016-00715, DRC2016-C9, .6, DRC2017-00159, P367 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. Town Center Drive frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Protect or replace existing signing and striping as required. 9. This property has already joined the appropriate Landscape and Lighting Districts. 10. Corner property line cutoffs shall be dedicated per City Standards. Lines C7, C1, and C4 shall conform to City Standard 100-B. 11. Construct the following perimeter street improvements including, but not limited to: Church St: Side -walk Drive Appr. Street Trees Terra Vista: Street Trees 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. 12. 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. www.CityofRC.us Printed 4/13/2017 Page 11 of 19 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-c 6, DRC2017-00159, P368 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3 -inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per ADA Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 14. 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. Drainage facilities on-site shall be privately maintained and transition to a public storm drain at the right-of-way on Town Center Drive. www.CityofRC.us Printed. 4/13/2017 Page 12 of 19 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P369 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 15. 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. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. 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 City inspector. Any unusual toxicities or nutrient deficiencies may as determined by the City inspector. 3) All street trees are subject to inspection and acceptance Department. Street trees are to be planted per public improvement plans only. 16. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 17. 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. 18. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. report shall be furnished to the require backfill soil amendments, by the Engineering Services www.CityofRC.us Printed 4/13/2017 Page 13 of 19 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, P370 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 19. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 20. The developer shall be responsible for the relocation of existing utilities as necessary. 21. 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. 22. 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. 23. 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. Building and Safety Services Department Please be advised of the following Special Conditions 1. Building and Fire Standard Conditions of Approval When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 1. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. Printed 4/13/2017 Page 14 of 19 www.CityofRC.us Project*. SUBTT20054 Dl 316-00713, DRC2016-00715, DRC2016. /16, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 P371 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 2. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Prior to issuance of a grading permit 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. 11. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 12. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. www.CityofRC.us Printed 4/13/2017 Page 15 of 19 Project #: SUBTT20054 DRC 16-00713, DRC2016-00715, DRC2016-1( 16, DRC2017-00159, DRC2017-00215 P372 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 13. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 14. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 15. 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. 16. All roof drainage flowing to the public right of way (Terra Vista Parkway) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 17. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 18. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 19. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. www CityofRC us Printed 4/13/2017 Page 16 of 19 Project #. SUBTT20054 DROr 16-00713, DRC2016-00715, DRC2016-16, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P373 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 20. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 21. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 22. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 23. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 24. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 25. Prior to the issuance of a grading plan for multi -family projects, the private streets and drive aisles within multi -family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 26. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 27. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 28. 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. The report shall contain water surface profile gradient calculations for all storm drain pipes 12 -inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 29. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 31. 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. www.CityofRC.us Printed: 4/13/2017 Page 17 of 19 Project*: SUBTT20054 DR{( 16-00713, DRC2016-00715, DRC2016-t 16, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P374 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 32. This project shall comply with the accessibility requirements of the current adopted California Building Code. 33. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 34. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 35. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 36. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 37. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 38. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed 4/13/2017 Page 18 of 19 Project #: SUBTT20054 DRd, .6-00713, DRC2016-00715, DRC2016-01 .6, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P375 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 39. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 40. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 41. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. www.CityofRC.us Printed 5/2/2017 Page 19 of 19 P376 RESOLUTION NO. 17-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2016-00716, A REQUEST TO REDUCE THE REQUIRED ON-SITE PARKING RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT, MULTI -FAMILY DEVELOPMENT ON 12.1 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1089- 031-36. A. Recitals 1. LVD Terra Vista, LLC filed an application for the approval of Minor Exception DRC2016- 00716, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a 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 May 10, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and c. The subject Minor Exception (DRC2016-00716) is to reduce the total required parking by up to 29 parking spaces (5.6 percent).related to the development of a 214 -unit, multiple -family for sale housing project (DRC2016-00713) on 21.1 acres of land; and ATTACHMENT 4 P377 PLANNING COMMISSION RLoOLUTION NO. 17-37 MINOR EXCEPTION DRC2016-00716 LVD TERRA VISTA, LLC May 10, 2017 Page 2 d. Minor Exceptions permit an up to 25 percent reduction in the required on-site parking. 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 Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. The proposed reduction in the required number of parking spaces is consistent with the General Plan, which has stated policies supporting development projects that require infill development to be designed for pedestrians and automobiles equally, and to provide connections to transit and bicycle facilities (Policy LU -2.2). The proposed project provides 524 vehicle parking spaces as well as secured bicycle parking spaces, and provides convenient access for both pedestrians and automobiles. b. The proposed development is compatible with the existing and proposed land uses in the surrounding area. The proposed for sale residential development is located at the intersection of two major streets and is adjacent to similar multi -family projects along with office and commercial land uses. c. The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. The proposed reduction in the parking standards is necessary to allow increased residential density on the project site, which is located adjacent commercial and office land uses and provides convenient access to a transit stop. A parking study (Trames Solutions, Inc.; April 6, 2017) was submitted for the project verifying the adequacy of the proposed number of on-site parking spaces. The parking study provides a number of parking reduction initiatives that have been made conditions of approval including restricting the number of vehicles that may be parked on-site through a parking permit system, HOA inspections of the garage areas verifying that they are available to park two motor vehicles and providing secure bicycle storage areas. Additionally, the applicant will provide up to 29 additional on -street parking spaces that will offset the 29 parking space deficiency. d. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental to public health safety or welfare or materially injurious to properties or improvement in the vicinity. The proposed reduction in the required number of parking spaces is not a grant of special privilege in that the Development Code allows flexibility to reduce the required number of parking spaces where it can been demonstrated that the project will provide adequate on-site parking. A parking study (Trames Solutions, Inc.; April 6, 2017) was submitted for the project verifying the adequacy of the proposed number of on-site parking spaces. 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 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 P378 PLANNING COMMISSION RL.6OLUTION NO. 17-37 MINOR EXCEPTION DRC2016-00716 LVD TERRA VISTA, LLC May 10, 2017 Page 3 imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Minor Exception application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for Minor Exception DRC2016-00716, to reduce the total required parking by up to 29 parking spaces (5.6 percent) related to the development of a 214 -unit, multi -family development located at the southeast corner of Church Street and Terra Vista Parkway. —APN: 1077- 422-97. 2) Approval for Minor Exception DRC2016-00716 is contingent upon Planning Commission approval of Tentative Tract Map SUBTT20054 and Design Review DRC2016-00713. 3) Approval for Minor Exception DRC2016-00716 is contingent on City Council approval of Terra Vista Community Plan Amendment DRC2016- 00715 and adoption of the related Mitigated Negative Declaration. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. PLANNING COMMISSION F SOLUTION NO. 17-37 MINOR EXCEPTION DRC2016-00716 LVD TERRA VISTA, LLC May 10, 2017 Page 4 5) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Francisco Oaxaca, Chairman urnett, Secretary I, Candyce Burnett, 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 10th day of May 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE P379 �RANctto (,UCANIONG Conditions of Approval P380 Community Development Department Project #: SUBTT20054 DRC2016-00713, DRC2016-00715, DRC2016-00716, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: PlanninQDepartment Please be advised of the following Special Conditions 1. A certified Native American monitor acceptable to both the Gabrieleno Band of Mission Indians — Kizh Nation and the San Manuel Band of Mission Indians be on site during any and all ground disturbances. 2. Exterior Noise: 1) Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue shall provide a noise barrier 5 feet in height around the perimeter of the deck. 2) Solid block walls shall be provided along Haven Avenue and a portion of the south property line that range in height from 7 to 8-1/2 feet in height (see the Exhibit 3 in the acoustic report submitted for the project (Landrum & Brown; March 27, 2017 for the height and location of these walls). 3) 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. 4) Provide temporary noise barriers for all construction activities that take place in close proximity to the adjacent residences. Interior Noise: 5) A final acoustical report shall be submitted prior to approval of building permits to review the construction plans to verify the incorporation of the sound reduction measures outlined in the acoustic study (Landrum & Brown; March 27, 2017) and any additional mitigation measures deemed necessary to bring the project interior noise levels into conformance with the City's indoor noise standards. 6) Submit a letter from an acoustic engineer verifying that the recommended noise mitigation measures were incorporated prior to final Planning Department approval of any building within the project. www.CityofRC.us Printed 4/1312017 Project #: SUBTT20054 DR )16-00713, DRC2016-00715, DRC2016-( 16, DRC2017-00159, P381 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. Traffic: 1) Provide an all -way stop control at the Terra Vista/Town Center Drive intersection. 2) Provide stop sign control at the project driveways. 3) On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. 4) Verify that minimum sight distance is provided at the project driveways. Standard Conditions of Approval 4. 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 10 emissions, in accordance with SCAQMD Rule 403. 5. 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. 6. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 7. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 8. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 9. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 10. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. www.CityofRC.us Printed 4/13/2017 Page 2 of 19 Project #: SUBTT20054 DR( 116-00713, DRC2016-00715, DRC2016 '16, DRC2017-00159, P382 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 11. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 12. 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 Archaeological Information Center for permanent archiving. www.CityofRc.us Printed: 4/13/2017 Page 3 of 19 Project #: SUBTT20054 DR( 116-00713, DRC2016-00715, DRC2016.( '16, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P383 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 16. 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. 17. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 18. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 19. Trucks shall not idle continuously for more than 5 minutes. 20. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 21. Construction should be timed so as not to interfere with peak -hour traffic. 22. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 23. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 24. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. www.CityofRC.us Printed. 4/13/2017 Page 4 of 19 Project #: SUBTT20054 DFS' '016-00713, DRC2016-00715, DRC2016. 716, DRC2017-00159, DRC2017-00215E Project Name: LewisNan Daele 214 P384 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 25. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Design irrigation to control runoff and to remove water to non- vegetated surfaces. 26. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. 27. 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. 28. 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. 29. 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. Printed 4/13/2017 Page 5 of 19 www.CityofRC us Project #: SUBTT20054 DRt" 16-00713, DRC2016-00715, DRC2016-( 16, DRC2017-00159, P385 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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. 31. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 32. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 33. 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. 34. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.CityofRC.us Printed: 4/13/2017 Page 6 of 19 Project #:' SUBTT20054 DR116-00713, DRC2016-00715, DRC2016- •16, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 P386 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 35. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 36. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. www.CityofRC.us Printed 4/13/2017 Page 7 of 19 Project #: SUBTT20054 DRC 16-00713, DRC2016-00715, DRC2016-i( 16, DRC2017-00159, P387 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 37. 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. 38. 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. 39. 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. 40. 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. 41. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 42. 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. 43. The perimeter block wall shall be constructed as early as possible in the first phase. 44. 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. 45. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 46. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. Printed: 4/13/2017 www.CityofRC.us Page 8 of 19 Project #: ' SUBTT20054 DRC( 16-00713, DRC2016-00715, DRC2016- 16, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P388 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 47. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 48. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 49. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 50. 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. 51 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. 52. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 53. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 54. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 55. 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. Engineering Services Department Please be advised of the following Special Conditions 1. Haven Avenue frontage improvements to be in accordance with City "Major Divided Arterial" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Remove existing drive approach and replace with curb and gutter and sidewalk. C. No driveways to Haven Avenue. D. Protect or replace existing signing and striping as required. www.CityofRC.us Printed 4/13/2017 Page 9 of 19 Project#: SUBTT20054 DRC '6-00713, DRC2016-00715, DRC2016-c( '6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P389 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 2. Church Street frontage improvements to be in accordance with Median" standards including: A. Protect or repair existing curb and gutter as required. B. Provide sidewalk as required. C. Proposed driveway shall align with existing street on the opposite the City Driveway Policy. D. Provide adequate sight distance for proposed driveway on Church Street removal of street trees within the median upon approval of the City Public Works Depart E. Protect or replace existing signing and striping as required. 3. Terra Vista Parkway West frontage improvements to be standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Proposed driveway shall align with existing driveway on the opposite side a C. Protect or replace existing signing and striping as required. 4. Developer shall install a dark fiber conduit package fronting the development. Two 4" Schedule 40 PVC conduits, along with three 11/4" innerducts in one of the 4" conduits, per City Standard 145, with connection through the parkway to each lot or parcel (fiber -to -the curb, FTTC). The size, placement, and location of the conduit shall be shown on the Street Improvement Plans and subject to Engineering Services Department review and approval prior to issuance of Building Permits or final map approval, whichever comes first. 5. Development impact fees will be collected at the building permits. This development is not subject to the drainage nor park impact fee. City "Modified Secondary with side and be in accordance with which may include ment. in accordance with City "Collector" Note: fees are subject to change annually. 6. The existing ramps located at the southeast corner of Church and Haven, the southwest corner Church and Terra Vista, and the north west corner of Town Center and Terra Vista shall be evaluated for conformance to current ADA regulations. If the ramps do not meet ADA regulations then the developer shall be responsible for providing design and reconstruction of the ramps for compliance. Design shall be completed and improvements secured for prior to issuance of Building permit or approval of final subdivision map whichever occurs first. The reconstruction along with all public improvements shall be completed prior to occupancy. 7. The northwest portion between the existing channel and Haven Avenue is currently publically maintained. Update the existing maintenance area to meet the low maintenance requirements. "Public landscape areas are required to incorporate substantial areas (40 percent) of mortared cobble or other acceptable non -irrigated surfaces." In -lieu of updating the current LMD area, the City may quitclaim the existing LMD area and dedicate to the HOA for maintenance. Standard Conditions of Approval www.CityofRC.us Printed 4/13/2017 Page 10 of 19 Project*: ' SUBTT20054 DR(( 16-00713, DRC2016-00715, DRC2016-c 16, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P390 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. Town Center Drive frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Protect or replace existing signing and striping as required. 9. This property has already joined the appropriate Landscape and Lighting Districts. 10. Corner property line cutoffs shall be dedicated per City Standards. Lines C7, C1, and C4 shall conform to City Standard 100-B. 11. Construct the following perimeter street improvements including, but not limited to: Church St: Side -walk Drive Appr. Street Trees Terra Vista: Street Trees 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. 12. 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. www.CityofRC.us Printed: 4/13/2017 Page 11 0(19 Project #: SUBTT20054 DRC(- '6-00713, DRC2016-00715, DRC2016-0( '6, DRC2017-00159, P391 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3 -inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per ADA Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 14. 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. Drainage facilities on-site shall be privately maintained and transition to a public storm drain at the right-of-way on Town Center Drive. Printed: 4/13/2017 Page 12 of 19 www.CityofRC.us Project #: SUBTT20054 DR( X16-00713, DRC2016-00715, DRC2016-( '16, DRC2017-00159, DRC2017-00215 P392 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 15. 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. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. 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. Street trees are to be planted per public improvement plans only. 16. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 17. 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. 18. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. www.CityofRC.us Printed. 4/13/2017 Page 13 of 19 Project #: SUBTT20054 DR( 116-00713, DRC2016-00715, DRC2016 '16, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 P393 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 19. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 20. The developer shall be responsible for the relocation of existing utilities as necessary. 21. 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. 22. 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. 23. 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. Building and Safety Services Department Please be advised of the following Special Conditions 1. Building and Fire Standard Conditions of Approval When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 1. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed 4/13/2017 Page 14 of 19 Project #:. SUBTT20054 DRr 916-00713, DRC2016-00715, DRC2016-( 716, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 P394 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 2. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Prior to issuance of a grading permit 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. 11. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 12. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. Printed 4/13/2017 Page 15 of 19 www.CityotRC.us Project #: ' SUBTT20054 DRC ` 5-00713, DRC2016-00715, DRC2016-0(' 5, DRC2017-00159, DRC2017-00215 P395 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 13. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 14. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 15. 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. 16. All roof drainage flowing to the public right of way (Terra Vista Parkway) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 17. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 18. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 19. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. www.CityofRC us Printed: 4/13/2017 Page 16 of 19 Project#: SUBTT20054 DRC( '6-00713, DRC2016-00715, DRC2016-0 6, DRC2017-00159, DRC2017-00215 P396 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 20. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 21 The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 22 Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 23. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 24. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 25. Prior to the issuance of a grading plan for multi -family projects, the private streets and drive aisles within multi -family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 26. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 27. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 28. 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. The report shall contain water surface profile gradient calculations for all storm drain pipes 12 -inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 29. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 31. 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. Printed: 4/13/2017 Page 17 of 19 www CityofRC us Project #: ' SUBTT20054 DRT 16-00713, DRC2016-00715, DRC2016-'Y -16, DRC2017-00159, DRC2017-00215 P397 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 32. This project shall comply with the accessibility requirements of the current adopted California Building Code. 33. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 34. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 35. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 36. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 37. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 38. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed 4f13/2017 Page 18 of 19 Project #: SUBTT20054 DRG 6-00713, DRC2016-00715, DRC2016-O( 6, DRC2017-00159, DRC2017-00215 P398 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 39. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 40. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 41. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. www.CityofRC.us Printed: 5/2/2017 Page 19 of 19 P399 RESOLUTION NO. 17-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MINOR EXCEPTION DRC2017-00159, A REQUEST TO INCREASE THE MAXIMUM PERMITTED PROPERTY LINE WALL HEIGHTS FROM 6 TO 8 FEET RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT, MULTI -FAMILY DEVELOPMENT ON 12.1 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals 1. LVD Terra Vista, LLC filed an application for the approval of Minor Exception DRC2017- 00159, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Minor Exception request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a 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, itis 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 May 10, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and c. The subject wall height Minor Exception (DRC2017-00159) is related to the development of a 214-unit,multiple-family for sale housing project (DRC2016-00713) on 21.1 acres of land; and ATTACHMENT 5 PLANNING COMMISSION RL.OLUTION NO. 17-38 MINOR EXCEPTION DRC2017-00159 LVD TERRA VISTA, LLC May 10, 2017 Page 2 d. The project includes walls that are over the 6 -foot maximum height limit due to an up to 4 -foot grade difference between the project site and the existing commercial development to the south. 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 Minor Exception is consistent with the General Plan or any applicable specific plan or development agreement. The increase in wall height is necessary due to an up to 4 -foot grade change between the project site and the existing commercial development to the south. Without the Minor Exception, the applicant would be required to step the retaining walls, reducing the developable portion of the lot and the number of units that could be constructed on the project site. b. The proposed development is compatible with the existing and proposed land uses in the surrounding area. The proposed residential development is located on a major thoroughfare that is in near proximity to similar multi -family projects and commercial land uses. c. The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or to accommodate unique site conditions. There is an up to 4 -foot grade change between the project site and the commercial development to the south, which requires the construction of a property line retaining wall. d. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental to public health safety or welfare or materially injurious to properties or improvement in the vicinity. It is common practice to permit additional wall height where there is a grade change between adjacent parcels of land. The increased wall height will not negatively impact the surrounding property owners as the developer will be required to install a wall with a decorative finish and the wall will not be out of keeping with other walls in the area. 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 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 P4O0 PLANNING COMMISSION R. _OLUTION NO. 17-38 MINOR EXCEPTION DRC2017-00159 LVD TERRA VISTA, LLC May 10, 2017 Page 3 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 adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Minor Exception application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for Minor Exception DRC2017-00159, to construct combination walls up to 8 -feet in height along the south property line of the project site related to the development of a 214 -unit, multi -family development located at the southeast corner of Church Street and Terra Vista Parkway. APN: 1077-422-97. 2) Approval for Minor Exception DRC2017-00159 is contingent upon Planning Commission approval of Tentative Tract Map SUBTT20054 and Design Review DRC2016-00713. 3) Approval for Minor Exception DRC2017-00159 is contingent upon City Council approval of Terra Vista Community Plan Amendment DRC2016- 00715 and adoption of the related Mitigated Negative Declaration. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 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. P4O1 PLANNING COMMISSION RL3LUTION NO. 17-38 MINOR EXCEPTION DRC2017-00159 LVD TERRA VISTA, LLC May 10, 2017 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Francisco Oaxaca, Chairman Candycqurnett, Secretary I, Candyce Burnett, 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 10th day of May 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE P402 �R\nctul Conditions of Approval { P403 Community Development Department Project # SUBTT20054 DRC2016-00713, DRC2016-00715, DRC2016-00716, DRC2017-00159. DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. A certified Native American monitor acceptable to both the Gabrieleno Band of Mission Indians - Kizh Nation and the San Manuel Band of Mission Indians be on site during any and all ground disturbances. 2. Exterior Noise: 1) Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue shall provide a noise barrier 5 feet in height around the perimeter of the deck, 2) Solid block walls shall be provided along Haven Avenue and a portion of the south property line that range in height from 7 to 8-1/2 feet in height (see the Exhibit 3 in the acoustic report submitted for the project (Landrum & Brown; March 27, 2017 for the height and location of these walls). 3) 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. 4) Provide temporary noise barriers for all construction activities that take place in close proximity to the adjacent residences. Interior Noise: 5) A final acoustical report shall be submitted prior to approval of building permits to review the construction plans to verify the incorporation of the sound reduction measures outlined in the acoustic study (Landrum & Brown; March 27, 2017) and any additional mitigation measures deemed necessary to bring the project interior noise levels into conformance with the City's indoor noise standards. 6) Submit a letter from an acoustic engineer verifying that the recommended noise mitigation measures were incorporated prior to final Planning Department approval of any building within the project. www.CityofRC us Printed 413.+2017 Project #: SUBTT20054 DRC; '6-00713, DRC2016-00715, DRC2016-0( '6, DRC2017-00159, DRC2017-00215 P404 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. Traffic: 1) Provide an all -way stop control at the Terra Vista/Town Center Drive intersection. 2) Provide stop sign control at the project driveways. 3) On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. 4) Verify that minimum sight distance is provided at the project driveways. Standard Conditions of Approval 4. 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. 5. 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. 6. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 7. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 8. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 9. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 10. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. www.CityofRC.us Pnnted 4/13/2017 Page 2 of 19 Project #: SUBTT20054 DRC,' '6-00713, DRC2016-00715, DRC2016-'6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P405 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 11. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 12. 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 Archaeological Information Center for permanent archiving. www.CityofRC us Printed: 4/13/2017 Page 3 of 19 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-0( 5, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P406 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 16. 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. 17. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 18. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 19. Trucks shall not idle continuously for more than 5 minutes. 20. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 21. Construction should be timed so as not to interfere with peak -hour traffic. 22. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 23. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 24. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. www.CityofRC.us Printed 4/13/2017 Page 4 of 19 Project #: SUBTT20054 DR( 116-00713, DRC2016-00715, DRC2016-( '16, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P407 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 25. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 26. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. 27. 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. 28. 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. 29. 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. Printed 4/13/2017 Page 5 of 19 www.CityofRC us Project #: SUBTT20054 DRC '6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 P408 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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 Targe 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. 31. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 32. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 33. 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. 34. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.cityofRc.us Printed: 4/13/2017 Page 6 of 19 Project #: SUBTT20054 DR '6-00713, DRC2016-00715, DRC2016-0 6, DRC2017-00159, P409 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 35. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 36. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Printed 4/13/2017 Page 7 of 19 www.CityofRC.us Project #: SUBTT20054 DRC( '6-00713, DRC2016-00715, DRC2016-C` '6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P410 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 37. 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. 38. 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. 39. 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. 40. 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. 41. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 42. 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. 43. The perimeter block wall shall be constructed as early as possible in the first phase. 44. 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. 45. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 46. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. Printed: 4/13/2017 Page 8 of 19 www.CityofRC us Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-0( 3, DRC2017-00159, P411 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 47. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 48. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 49. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 50. 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. 51. 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. 52. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 53. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 54. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 55. 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. Engineering Services Department Please be advised of the following Special Conditions 1. Haven Avenue frontage improvements to be in accordance with City "Major Divided Arterial" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Remove existing drive approach and replace with curb and gutter and sidewalk. C. No driveways to Haven Avenue. D. Protect or replace existing signing and striping as required. www.CityofRC.us Printed' 4/13/2017 Page 9 of 19 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-0! 3, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 P412 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 2. Church Street frontage improvements to be in accordance with City "Modified Secondary with Median" standards including: A. Protect or repair existing curb and gutter as required. B. Provide sidewalk as required. C. Proposed driveway shall align with existing street on the opposite side and be in accordance with the City Driveway Policy. D. Provide adequate sight distance for proposed driveway on Church Street, which may include removal of street trees within the median upon approval of the City Public Works Department. E. Protect or replace existing signing and striping as required. 3. Terra Vista Parkway West frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Proposed driveway shall align with existing driveway on the opposite side a C. Protect or replace existing signing and striping as required. 4. Developer shall install a dark fiber conduit package fronting the development. Two 4" Schedule 40 PVC conduits, along with three 1 '/4" innerducts in one of the 4" conduits, per City Standard 145, with connection through the parkway to each lot or parcel (fiber -to -the curb, FTTC). The size, placement, and location of the conduit shall be shown on the Street Improvement Plans and subject to Engineering Services Department review and approval prior to issuance of Building Permits or final map approval, whichever comes first. 5. Development impact fees will be collected at the building permits. This development is not subject to the drainage nor park impact fee. Note: fees are subject to change annually. 6. The existing ramps located at the southeast corner of Church and Haven, the southwest corner Church and Terra Vista, and the north west corner of Town Center and Terra Vista shall be evaluated for conformance to current ADA regulations. If the ramps do not meet ADA regulations then the developer shall be responsible for providing design and reconstruction of the ramps for compliance. Design shall be completed and improvements secured for prior to issuance of Building permit or approval of final subdivision map whichever occurs first. The reconstruction along with all public improvements shall be completed prior to occupancy. 7. The northwest portion between the existing channel and Haven Avenue is currently publically maintained. Update the existing maintenance area to meet the low maintenance requirements. "Public landscape areas are required to incorporate substantial areas (40 percent) of mortared cobble or other acceptable non -irrigated surfaces." In -lieu of updating the current LMD area, the City may quitclaim the existing LMD area and dedicate to the HOA for maintenance. Standard Conditions of Approval www.CityofRC.us Printed: 4/13/2017 Page 10 of 19 Project #: SUBTT20054 DRCf '6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P413 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. Town Center Drive frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Protect or replace existing signing and striping as required. 9. This property has already joined the appropriate Landscape and Lighting Districts. 10. Corner property line cutoffs shall be dedicated per City Standards. Lines C7, C1, and C4 shall conform to City Standard 100-B. 11. Construct the following perimeter street improvements including, but not limited to: Church St: Side -walk Drive Appr. Street Trees Terra Vista: Street Trees 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. 12. 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. www.CityofRC.us Printed: 4/13/2017 Page 11 of 19 Project #: SUBTT20054 DRC( 5-00713, DRC2016-00715, DRC2016-0 5, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P414 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3 -inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per ADA 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 Tots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 14. 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. Drainage facilities on-site shall be privately maintained and transition to a public storm drain at the right-of-way on Town Center Drive. www.CityotRC.us Printed 4/13/2017 Page 12 of 19 Project #: SUBTT20054 DRC( 5-00713, DRC2016-00715, DRC2016-0i( 5, DRC2017-00159, DRC2017-00215 P415 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 15. 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. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. 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. Street trees are to be planted per public improvement plans only. 16. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 17. 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. 18. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. www.CityofRC.us Printed 4/13/2017 Page 13 of 19 Project #: SUBTT20054 DRC( '3-00713, DRC2016-00715, DRC2016-01 3, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 P416 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 19. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 20. The developer shall be responsible for the relocation of existing utilities as necessary. 21. 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. 22. 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. 23. 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. Building and Safety Services Department Please be advised of the following Special Conditions 1. Building and Fire Standard Conditions of Approval When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 1. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed 4/13/2017 Page 14 of 19 Project #: SUBTT20054 DlK '016-00713, DRC2016-00715, DRC2016( 716, DRC2017-00159, DRC2017-00215 P417 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 2. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 CMI Engineer. 8. 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. 9. 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. 10. Prior to issuance of a grading permit 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. 11. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 12. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. www.CityofRC.us Printed. 4/13/2017 Page 15 of 19 Project #: SUBTT20054 DRC2` 3-00713, DRC2016-00715, DRC2016-03, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance P418 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 13. Prior to issuance of a grading permit, the grading and drainage plan shall parking stall gradient at 5 percent. Accessibility parking stall grades shall be current adopted California Building Code. 14. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, of Rancho Cucamonga Engineering Services Department. 15. Grading Inspections: a) Prior to the start pre -grading meeting. grading contractor and measures, etc. If a show the maximum constructed per the, of grading operations the owner The meeting shall be attended the Building Inspector to discuss about grading requirements and pre -grading meeting is not held within 24 hours from the start 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 Department at least 1 working day in advance to request the following grading 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 Technicians (Building and Safety Front Counter) an original and a City and grading contractor shall request a by the project owner/representative, the preventive of grading and Safety inspections prior to owner shall submit to the Permit 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. 16. All roof drainage flowing to the public right of way (Terra Vista Parkway) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 17. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 18. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 19. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. Printed: 4/13/2017 Page 16 of 19 www.CityofRC.us Project #: SUBTT20054 DRC( '3-00713, DRC2016-00715, DRC2016-0% '3, DRC2017-00159, DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 P419 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 20. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 21. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 22. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 23. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 24. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 25. Prior to the issuance of a grading plan for multi -family projects, the private streets and drive aisles within multi -family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 26. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 27. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 28. 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. The report shall contain water surface profile gradient calculations for all storm drain pipes 12 -inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 29. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 31. 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. www.CityofRC. US Printed 4/13/2017 Page 17 of 19 Project #: SUBTT20054 DRC2 9-00713, DRC2016-00715, DRC2016-0c 3, DRC2017-00159, DRC2017-00215 P420 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 32. This project shall comply with the accessibility requirements of the current adopted California Building Code. 33. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 34. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 35. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 36. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 37. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 38. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Pian (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed: 4/13/2017 Page 18 of 19 Project #: SUBTT20054 DRC2( -00713, DRC2016-00715, DRC2016-00 , DRC2017-00159, DRC2017-00215 P421 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 39. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 40. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 41. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. www.CityofRC.us Printed: 5/2/2017 Page 19 of 19 i P422 RESOLUTION NO. 17-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2017- 00215 - A REQUEST TO INCREASE THE MAXIMUM PERMITTED WALL HEIGHT TO OVER 8 FEET FOR SOUND ATTENUATION PURPOSES RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 - UNIT, MULTI -FAMILY DEVELOPMENT ON 12.1 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1089- 031-36. A. Recitals. 1. LVD Terra Vista, LLC filed an application for the approval of Variance DRC2017-00215, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a 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 May 10, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and c. The subject wall height Variance (DRC2017-00215) is related to the development of a 214 -unit, multiple -family for sale housing project (DRC2016-00713) on 21.1 acres of land; and ATTACHMENT 6 P423 PLANNING COMMISSION RLSOLUTION NO. 17-39 VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 2 d. The project includes up to 8.5 foot high property line wall along Haven Avenue and a portion of the south property line for noise attenuation purposes. The proposed sound wall was recommended by the Noise Assessment submitted for the project (Landrum and Brown, Inc., March 31, 2017). The applicant has submitted a Variance for the additional wall height (DRC2017- 00215). 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 strict or literal interpretation and enforcement of the specified regulation would result in a difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. The increased wall height is necessary due to the project site being adjacent to a major thoroughfare, which greatly increase vehicle noise levels on the project site. Without the additional wall height, the project site would not be able to comply with the City's outdoor noise standards. b. There are exceptional or extraordinary 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 zone. The project site is adjacent to a major thoroughfare with increased vehicle noise levels. The majority of residential development in the City is not exposed to vehicle noise levels in excess of City standards. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. Without an increase in the permitted wall heights, the proposed development would be required to increase the building setbacks from the adjacent roadways, reducing the developable portion of the project site. d. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. It is common practice to grant a Variance for increased property line wall height for sound attenuation purposes where the project site is adjacent to a major thoroughfare. e. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The increased wall heights will not negatively impact the surrounding property owners as the walls will either face a public roadway or a commercial development owned by the same developer. The walls facing the public view will have a decorative finish. 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 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 ( PLANNING COMMISSION RESOLUTION NO. 17-39 VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 3 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 adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Variance application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for Variance DRC2017-00215, to construct an up to 8.5 foot high wall for sound attenuation purposes related to the development of a 214 -unit, multi -family development located at the southeast corner of Church Street and Terra Vista Parkway. APN: 1077-422-97. 2) Approval for Variance DRC2017-00215 is contingent upon Planning Commission approval of Tentative Tract Map SUBTT20054 and Design Review DRC2016-008713. 3) Approval for Variance DRC2017-00215 is contingent upon City Council approval of Terra Vista Community Plan Amendment DRC2016-00715 and adoption of the Mitigated Negative Declaration. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 P424 PLANNING COMMISSION RLOLUTION NO. 17-39 VARIANCE DRC2017-00215 LVD TERRA VISTA, LLC May 10, 2017 Page 4 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Francisco Oaxaca, Chairman Candyie :urnett, Secretary I, Candyce Burnett, 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 10th day of May 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE P425 (;trcANtowc> 1 Conditions of Approval ( P426 Community Development Department Project #: SUBTT20054 DRC2016-00713, DRC2016-00715, DRC2016-00716, DRC2017-00159, DRC2017-00215 Project Name. Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. A certified Native American monitor acceptable to both the Gabrieleno Band of Mission Indians — Kizh Nation and the San Manuel Band of Mission Indians be on site during any and all ground disturbances. 2. Exterior Noise. 1) Any deck located within 93 feet of the centerline of Church Street and having direct line of site to the roadway or within 190 feet of the centerline of Haven Avenue shall provide a noise barrier 5 feet in height around the perimeter of the deck. 2) Solid block walls shall be provided along Haven Avenue and a portion of the south property line that range in height from 7 to 8-1/2 feet in height (see the Exhibit 3 in the acoustic report submitted for the project (Landrum & Brown; March 27, 2017 for the height and location of these walls). 3) 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. 4) Provide temporary noise barriers for all construction activities that take place in close proximity to the adjacent residences. Interior Noise: 5) A final acoustical report shall be submitted prior to approval of building permits to review the construction plans to verify the incorporation of the sound reduction measures outlined in the acoustic study (Landrum & Brown; March 27, 2017) and any additional mitigation measures deemed necessary to bring the project interior noise levels into conformance with the City's indoor noise standards. 6) Submit a letter from an acoustic engineer verifying that the recommended noise mitigation measures were incorporated prior to final Planning Department approval of any building within the project. www CityofRC us Printed 4.+1312017 Project #: ' SUBTT20054 DRC( 16-00713, DRC2016-00715, DRC2016-t( '6, DRC2017-00159, P427 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. Traffic: 1) Provide an all -way stop control at the Terra Vista/Town Center Drive intersection. 2) Provide stop sign control at the project driveways. 3) On-site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. 4) Verify that minimum sight distance is provided at the project driveways. Standard Conditions of Approval 4. 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. 5. 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. 6. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 7. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 8. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 9. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 10. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. Printed 4/13/2017 www.CityofRC.us Page 2 of 19 Project #: SUBTT20054 DRC` 16-00713, DRC2016-00715, DRC2016- 16, DRC2017-00159, P428 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 11. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 12. 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 Archaeological Information Center for permanent archiving. www.CityofRC.us Printed* 4/13/2017 Page 3 of 19 Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-c 6, DRC2017-00159 P429 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 16. 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. 17. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 18. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 19. Trucks shall not idle continuously for more than 5 minutes. 20. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 21. Construction should be timed so as not to interfere with peak -hour traffic. 22. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 23. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 24. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. www.CityofRC.us Printed 4/13/2017 Page 4 of 19 Project#: SUBTT20054 DRC '6-00713, DRC2016-00715, DRC2016-0( '6, DRC2017-00159, P430 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 25. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Design irrigation to control runoff and to remove water to non- vegetated surfaces. 26. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. 27. 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. 28. 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. 29. 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. www CityofRC.us Printed: 4/13/2017 Page 5 of 19 Project #: ' SUBTT20054 DU('',6-00713, DRC2016-00715, DRC2016-q' '6, DRC2017-00159, P431 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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. 31. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 32. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 33. 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. 34. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.CityofRC.us Printed: 4/13/2017 Page 6 of 19 Project #: SUBTT20054 DRC 16-00713, DRC2016-00715, DRC2016- 16, DRC2017-00159, P432 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 35. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 36. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. www.cityofRc us Printed 4/13/2017 Page 7 of 19 Project#: ' SUBTT20054 DRC '6-00713, DRC2016-00715, DRC2016-c( '6, DRC2017-00159, P433 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 37. 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. 38. 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. 39. 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. 40. 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. 41. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 42. 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. 43. The perimeter block wall shall be constructed as early as possible in the first phase. 44. 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. 45. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $ 2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 46. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. Printed: 4/13/2017 Page 8 of 19 www.CityofRC us Project#: ' SUBTT20054 DRCtti` '6-00713, DRC2016-00715, DRC2016-[ 6, DRC2017-00159, P434 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 47. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 48. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 49. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 50. 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. 51. 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. 52. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 53. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 54. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 55. 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. Engineering Services Department Please be advised of the following Special Conditions 1. Haven Avenue frontage improvements to be in accordance with City "Major Divided Arterial" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Remove existing drive approach and replace with curb and gutter and sidewalk. C. No driveways to Haven Avenue. D. Protect or replace existing signing and striping as required. Printed. 4/13/2017 Page 9 of 19 www.CityofRC.us Project #: SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, P435 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 2. Church Street frontage improvements to be in accordance with City "Modified Secondary with Median" standards including: A. Protect or repair existing curb and gutter as required. B. Provide sidewalk as required. C. Proposed driveway shall align with existing street on the opposite side and be in accordance with the City Driveway Policy. D. Provide adequate sight distance for proposed driveway on Church Street, which may include removal of street trees within the median upon approval of the City Public Works Department. E. Protect or replace existing signing and striping as required. 3. Terra Vista Parkway West frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Proposed driveway shall align with existing driveway on the opposite side a C. Protect or replace existing signing and striping as required. 4. Developer shall install a dark fiber conduit package fronting the development. Two 4" Schedule 40 PVC conduits, along with three 11/4" innerducts in one of the 4" conduits, per City Standard 145, with connection through the parkway to each lot or parcel (fiber -to -the curb, FTTC). The size, placement, and location of the conduit shall be shown on the Street Improvement Plans and subject to Engineering Services Department review and approval prior to issuance of Building Permits or final map approval, whichever comes first. 5. Development impact fees will be collected at the building permits. This development is not subject to the drainage nor park impact fee. Note: fees are subject to change annually. 6. The existing ramps located at the southeast corner of Church and Haven, Church and Terra Vista, and the north west corner of Town Center and evaluated for conformance to current ADA regulations. then the developer shall be responsible for providing the southwest corner Terra Vista shall be If the ramps do not meet ADA regulations design and reconstruction of the ramps for compliance. Design shall be completed and improvements secured for prior to issuance of Building permit or approval of final subdivision map whichever occurs first. The reconstruction along with all public improvements shall be completed prior to occupancy. 7. The northwest portion between the existing channel and Haven Avenue is currently publically maintained. Update the existing maintenance area to meet the low maintenance requirements. "Public landscape areas are required to incorporate substantial areas (40 percent) of mortared cobble or other acceptable non -irrigated surfaces." In -lieu of updating the current LMD area, the City may quitclaim the existing LMD area and dedicate to the HOA for maintenance. Standard Conditions of Approval Printed 4/13/2017 Page 10 of 19 www.CityofRC.us Project #: ' SUBTT20054 DRC` 6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, P436 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. Town Center Drive frontage improvements to be in accordance with City "Collector" standards including: A. Protect or repair existing curb, gutter, and sidewalk as required. B. Protect or replace existing signing and striping as required. 9. This property has already joined the appropriate Landscape and Lighting Districts. 10. Corner property line cutoffs shall be dedicated per City Standards. Lines C7, 01, and C4 shall conform to City Standard 100-B. 11. Construct the following perimeter street improvements including, but not limited to: Church St: Side -walk Drive Appr. Street Trees Terra Vista: Street Trees 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. 12. 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. Printed: 4/13/2017 Page 11 of 19 www.CityofRC.us Project #: ' SUBTT20054 DRC( 6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, P437 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 13. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3 -inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per ADA Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 14. 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. Drainage facilities on-site shall be privately maintained and transition to a public storm drain at the right-of-way on Town Center Drive. www.CityofRC.us Printed: 4/13/2017 Page 12 of 19 Project#: SUBTT20054 DR '6-00713, DRC2016-00715, DRC2016- '6, DRC2017-00159, P438 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 15. 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. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. 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. Street trees are to be planted per public improvement plans only. 16. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 17. 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. 18. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. www.CityofRC.us Printed 4/13/2017 Page 13 of 19 Project #: ' SUBTT20054 DRc 16-00713, DRC2016-00715, DRC2016-C( '6, DRC2017-00159, P439 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 19. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 20. The developer shall be responsible for the relocation of existing utilities as necessary. 21. 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. 22. 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. 23. 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. Building and Safety Services Department Please be advised of the following Special Conditions 1. Building and Fire Standard Conditions of Approval When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 1. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed 4/13/2017 Page 14 of 19 Project #: SUBTT20054 D � ?016-00713, DRC2016-00715, DRC201( 1716, DRC2017-00159, P440 DRC2017-00215 Project Name: Lewis/Van Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 2. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Prior to issuance of a grading permit 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. 11. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 12. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. Printed 4/13/2017 Page 15 of 19 www.CityofRC.us Project #: ' SUBTT20054 DRC 6-00713, DRC2016-00715, DRC2016-0( 6, DRC2017-00159, P441 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 13. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 14. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 15. 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. 16. All roof drainage flowing to the public right of way (Terra Vista Parkway) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 17. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 18. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 19. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. www.CdyofRC us Printed' 4/13/2017 Page 16 of 19 Project #: SUBTT20054 DRC ` '6-00713, DRC2016-00715, DRC2016-C( '6, DRC2017-00159, P442 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 20. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 21. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 22. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 23. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 24. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 25. Prior to the issuance of a grading plan for multi -family projects, the private streets and drive aisles within multi -family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 26. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 27. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 28. 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. The report shall contain water surface profile gradient calculations for all storm drain pipes 12 -inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 29. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 31. 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. Printed 4/13/2017 Page 17 of 19 www.CityofRC.us Project #: SUBT T 20054 DRC( 6-00713, DRC2016-00715, DRC2016-0 ' 6, DRC2017-00159, DRC2017-00215 Project Name: LewisNan Daele 214 P443 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 32. This project shall comply with the accessibility requirements of the current adopted California Building Code. 33. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 34. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 35. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 36. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 37. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 38. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed. 4/13/2017 Page 18 of 19 Project #: SUBTT20054 DR( )16-00713, DRC2016-00715, DRC2016-- 16, DRC2017-00159, P444 DRC2017-00215 Project Name: LewisNan Daele 214 Location: -- - 107742297-0000 Project Type: Tentative Tract Map Design Review, Minor Exception, Minor Exception, Specific Plan Amendment, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 39. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 40. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 41. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. www.CityofRC.us Printed: 5/2/2017 Page 19 of 19 P445 RESOLUTION NO. 17-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF TERRA VISTA COMMUNITY PLAN AMDENDMENT DRC2016-00715 - A REQUEST TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 - UNIT MULTI -FAMILY DEVELOPMENT ON 12.1 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14 - 24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1089- 031-36. A. Recitals. 1. LVD Terra Vista, LLC filed an application for the approval of Terra Vista Community Plan Amendment DRC2016-00715, as described in the title of this Resolution. Hereinafter in this Resolution, the Terra Vista Community Plan Amendment request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a 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 May 10, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and c. The project is for the development of a 214 -unit, multi -family residential project (Design Review DRC2016-00713) on 12.1 acres on land; and ATTACHMENT 7 P446 PLANNING COMMISSION RESOLUTION NO. 17-34 TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC May 10, 2017 Page 2 d. The project includes a Terra Vista Community Plan Amendment (DRC2016-00715) to modify the development criteria for the Medium High (MH) District, a Minor Exception to reduce the required on-site parking (DRC2016-00716) and a Variance (DRC2017-00215) and Minor Exception (DRC2016-00159) for wall heights; and e. Terra Vista Community Plan amendment DRC2016-00715 will amend the development criteria for the Medium High (MH) District of the Terra Vista Community Plan to provide larger projects with greater flexibility in order encourage unique layouts and a mix of housing types. 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 Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development, within the district, in a manner consistent with the General Plan and with related development. The proposed Amendment will modify the development criteria for new projects with greater than 200 units in the Medium High (MH) District of the Terra Visa Community Plan area. It will permit greater plan flexibility to allow for creative site planning and for a mix of housing types while staying true to the intent of the Medium High (MH) District, which is for the development of multi -family developments with a density range of 14 to 24 units per acre. b. This Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code. The Amendment will permit high quality development within the Medium High (MH) District, while providing larger projects with the flexibility necessary to provide for a wider mix of housing types and for unique site planning. c. The proposed Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, The amendment will modify the development criteria of the Medium High (MH) District to allow building and wall setback, building separations and the size of private open space areas to be determined through the development review process. The development review process will ensure that the resulting projects will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. d. The proposed Terra Vista Community Plan Text Amendment is consistent with the objectives the Development Code. The Amendment will allow greater plan flexibility when developing large multi -family developments in the Medium High (MH) District of the Terra Vista Plan area. e. The proposed Terra Vista Community Plan Text Amendment is in conformance with the General Plan. The Amendment will permit a wider variety of housing types to be constructed in the Medium High (MH) District, while maintaining the intent of the district which is for the development of multi -family projects with a density of 14 to 24 dwelling units per acre. 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 based upon the findings as follows: ( PLANNING COMMISSION RESOLUTION NO. 17-34 TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC May 10, 2017 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 adopt the Mitigated Negative Declaration prior to approving the requested Terra Vista Community Plan Amendment. 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends that the City Council approve the Terra Vista Community Plan Amendment application as shown in Attachment "A" subject to each and every condition set forth below. Planning Department 1) Approval is for Terra Vista Community Plan Amendment DRC2016-00715, to modify the development criteria for the Medium High (MH) District of the Terra Vista Community Plan related to the site plan and architectural review of a 214 -unit multi -family development located at the southeast corner of Church Street and Terra Vista Parkway. — APN: 1077-422-97. 2) Terra Vista Community Plan Amendment DRC2016-00715 requires final approval by the City Council along with adoption of the Mitigated Negative Declaration. 3) Approval of Terra Vista Community Plan Amendment DRC2016-00715 is contingent upon Planning Commission approval of Design Review DRC2016-00713 and Tentative Tract Map SUBTT20054. P447 ( PLANNING COMMISSION RESOLUTION NO. 17-34 TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC May 10, 2017 Page 4 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: ATTEST: rancisco Oaxaca, Chairman Candy urnett, Secretary I, Candyce Burnett, 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 10th day of May 2017, by the following vote -to -wit: P448 PLANNING COMMISSION RLOLUTION NO. 17-34 TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 LVD TERRA VISTA, LLC May 10, 2017 Page 5 AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE P449 Building setbacks: As indicated in Table V-4. 7.3 '' r U C Q co ? 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O d C t3 ,..,'D 'O o Q O �, ca fn t a)O C U Y a) N a) a) L N 0 3 O d L N d" L 2 �L. _ CD c co cu c 43 0 (n '- coc- m m m 4- 3 • • • • I— '6' 0 ^ '� E P452 ORDINANCE NO. 909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2016-00715 — A REQUEST TO MODIFY THE DEVELOPMENT STANDARDS WITHIN THE MEDIUM HIGH (MH) DISTRICT OF THE TERRA VISTA COMMUNITY PLAN RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 214 -UNIT MULTI -FAMILY DEVLEOPMENT ON 12.21 ACRES OF LAND WITHIN THE MEDIUM HIGH (MH) DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1089-031-36. A. Recitals. 1. LVD Terra Vista, LLC filed an application for Terra Vista Community Plan Amendment No. DRC2016-00715, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Terra Vista Community Plan Amendment is referred to as "the application." 2. On the 10th day of May, 2017, 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 by recommending approval of the application to the City Council for final action by adoption of their Resolution No. 17-34. 3. On the 7th day of June, 2017, the City Council conducted a duly noticed public hearing on the application and concluded the hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga 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 June 7, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to a property located at the southwest corner of Church Street and Terra Vista Parkway in the Medium High (MH) District of the Terra Vista Community Plan; and; b. There is existing attached and detached residential development to the north within the Medium (M) District; to the south is commercial development within the Neighborhood Commercial (NC) District; to the east is an office development within the Office Park (OPK) District; and to the west, across Haven Avenue, is vacant land within the Mixed Use (MU) District that is approved for a senior care facility and an existing commercial/office development within the General Commercial (GC) District. A flood control facility (Deer Creek Channel) runs along the northwest corner of the project site; and ATTACHMENT 9 P453 CITY COUNCIL ORDINANCE NO. 909 TVCPA DRC2016-00715 — LVD TERRA VISTA, LLC June 7, 2017 Page 2 c. The project is for the development of a 214 -unit, multi -family residential project (Design Review DRC2016-00713) on 12.1 acres on land; and d. The project includes a Terra Vista Community Plan Amendment (DRC2016-00715) to modify the development criteria for the Medium High (MH) District, a Minor Exception to reduce the required on-site parking (DRC2016-00716) and a Variance (DRC2017-00215) and Minor Exception (DRC2016-00159) for wall heights; and e. Terra Vista Community Plan Amendment DRC2016-00715 will amend the development criteria for the Medium High (MH) District, of the Terra Vista Community Plan to provide larger projects with greater flexibility in order to encourage unique layouts and a mix of housing types. Section 3: Based upon the substantial evidence presented to this Council during the above - referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development within the district, in a manner consistent with the General Plan and with related development. The proposed Amendment will modify the development criteria for new projects with greater than 200 units in the Medium High (MH) District of the Terra Vista Community Plan area. It will permit greater plan flexibility to allow for creative site planning and for a mix of housing types while staying true to the intent of the Medium High (MH) District, which is for the development of multi -family developments with a density range of 14 to 24 units per acre. b. This Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code. The Amendment will permit high quality development within the Medium High (MH) District, while providing larger projects with the flexibility necessary to provide for a wider mix of housing types and for unique site planning. c. This Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The amendment will modify the development criteria of the Medium High (MH) District to allow building and wall setbacks, building separations and the size of private open space areas to be determined through the development review process. The development review process will ensure that the resulting projects will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. d. The proposed Terra Vista Community Plan text amendment is consistent with the objectives of the Development Code. The Amendment will allow greater plan flexibility when developing Targe multi -family developments in the Medium High (MH) District of the Terra Vista Plan area. e. The proposed Terra Vista Community Plan Text Amendment is in conformance with the General Plan. The Amendment will permit a wider variety of housing types to be constructed in the Medium High (MH) District, while maintaining the intent of the district which is for the development of Multi -family projects with a density of 14 to 24 dwelling units per acre. SECTION 4: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the P454 CITY COUNCIL ORDINANCE NO. 909 TVCPA DRC2016-00715 — LVD TERRA VISTA, LLC June 7, 2017 Page 3 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; and 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; and 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; and 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 the City Planner of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 5: The Terra Vista Community Plan is hereby amended to read, in words and figures, as shown in Exhibit 1. 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. o �� p co 0 ai > a _ C caIn T- -; U a c ;,_C`~Oa(I)�C` ; 0 E`° C0 Oya >a G cn -c C N .�-0.—._ } co CCE ? C N ,- . - L C > p N y 12 '0 -0 U ? 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O c .� O E a) .c R, c o L co y ca) oa)Qaa) a)05a) > ❑ }O O>c(1) ,� > co a) 'C 6Q _t_ 0) ta) O O C c> o� c/ .0 Ta O • OQ) - C 7 � +_ CDC'a O_ a) .O vi b co O 4O c °=�—+=a E o > n � ca) 'O}aO)�U a) 73 CO�U > r ) ` O C*' a) .O Q. > CQ� vac C aia_0 co O a) OO V E a) L o •-• c ca Q) vi co O 0) . 0 Q. 3 a) as o-- c 'L m . a ) 3 a) o o 0 > > a) -O o ° c a)j >, a o c M m a) a) o a) m co E CZ c p -a Ce Q❑ _0 0.) 03 > N E as D (1) co c c a) cn �ca) D28a) rc L cn 7 a) O O co o) cV .-' Q I- Q 'O cn c0 ,L -o to O = O (b)Building setbacks: As indicated in Table V-4. Q O O = c N O O -6-' 0 % N O O O �, �+ O ai i/) U c O c U c9 4' V m c4 U >, Q c O 7 a0 = a V .0 Q co Q) Q i a) CCI .c U O L c to L Q rr a) '++ c9 _ U a. E E ca L. -a o U) _ = L N a) m OL H +) L a) d d O E O a) i •o ~ c C \° cC co o .0a cm ti O "a a) cu co — > �L cn c r� d cn G. c -Y z L E a) 3 ti a v cn 0 > o- ti 2 ai E o el 0 ❑ cn o a��i o �? o F. N Q. O a) O Q Y W d= a) cam � �f a s � a>) a) > O L :r c—° ❑ civ R a) c c co p a) '� > c lr) OC co d d R y y fA 'i cv o a) ach 0 a) .cam c� -cam �Ec -c> d _ �— CD 71 -10 a a) O H " a O CO o OD a) a) Q t d.0 Rs Q m = ca O om oc a)� mo m aE _'o �vuS �+'E+'3p�� a) _ U "0 W "o 'o c > L co C 3 a+ _ is: _i in :+ a) a1 71 C UCU � 0 a , , O = * • L. d a '� — ca > L v �5 'O Cto •C m n. m m m H 140. O • • • • CI E � E i c 2 CD 0 z E c m E 0 w w cC t 1 LIJ 0 a.0 a DATE: TO: FROM: INITIATED BY: SUBJECT: P457 CITY OF RANCHO CUCAMONGA STAFF REPORT June 7, 2017 Mayor and Members of the City Council John R. Gillison, City Manager Candyce Burnett, City Planner Tabe van der Zwaag, Associate Planner ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-00964 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request to modify General Plan Figure LU -8 related to the removal of the Historic Resource Designation of an on-site tree related to the site plan and architectural review of a 140 -unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: Design Review DRC2016-00814, Density Bonus Agreement DRC2017-00156, Certificate of Appropriateness DRC2016-00966, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DENSITY BONUS AGREEMENT DRC2017-00156 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA — A request for a Density Bonus Agreement between the City of Rancho Cucamonga and National Community Renaissance of California, for the purpose of providing a senior housing project in accordance with the Victoria Community Plan and the Development Code, including deviating from certain development standards, for the development of a 140 -unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031- 36. Related files: General Plan Amendment DRC2016-00964, Certificate of Appropriateness DRC2016-00966, Design Review DRC2016-00814, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends the City Council take the following actions: • Adopt a Mitigated Negative Declaration of environmental impacts. • Approve General Plan Amendment DRC2016-00964. • Approve Density Bonus Agreement DRC2017-00156 CITY COUNCIL STAFF REPORT GPA DRC2016-00964 & DBA DRC2017-00156, COMMUNITY RENAISSANCE OF CALIFORNIA June 7, 2017 Page 2 BACKGROUND: In September 2014, the Housing Successor Agency (HSA) entered into a Purchase and Sale Agreement with a developer for the 14 acre site located at the northwest corner of Base Line Road and Day Creek Boulevard. The land transaction provided for the sale of the 14 acre site with the intent that 10 acres would be developed as a neighborhood commercial shopping center currently under construction and 4 acres would be used to develop affordable senior housing. The property includes a recorded covenant that requires it to be built for affordable senior housing purposes. The City, in its capacity as the HSA, desires to convey the property to Community Renaissance of California (Day Creek Senior Housing Partners, LP) for of an affordable senior housing project. On May 24, 2017, the Planning Commission recommended the City Council approve the General Plan Amendment and Density Bonus Agreement and approved Design Review DRC2016-00814, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965 contingent on the City Council's approval of the related General Plan Amendment and Density Bonus Agreement applications. These entitlement applications were initiated by Community Renaissance of California for the development of 140 -unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard. PROJECT AND SITE DESCRIPTION: A. Project Density: 35 dwelling units per acre. P458 B. Surrounding Land Use and Zoning: North - Pacific Electric Trail & Single -Family Residences; Low (LM) District (8 — 14 dwelling units per acre), Victoria Community Plan South - Approved Commercial Center; Village Commercial (VC) District, Victoria Community Plan East - Single -Family Residences; Low (L) District (8 — 14 dwelling units per acre), Victoria Community plan West - San Bernardino County Flood Control District Maintenance Yard; Low Medium (LM) District (8 — 14 dwelling units per acre) & Flood Control/Utility Corridor C. General Plan Designations: Project Site - Low Medium (LM) North - Low Medium (LM) South - Neighborhood Commercial (NC) East - Low Medium (LM) West - Low Medium (LM) & Utility Corridor (UC) D. Site Characteristics: The project site is generally rectangular in shape and is approximately 340 feet from east to west and 600 feet from north to south. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District; to the east is Day Creek Fire Station #173; to the north is the Pacific Electric trail; and, to the south is land that is under construction with a new commercial center (Day Creek Village). The site drains roughly from north to south, with a grade change of approximately 10 feet from the north to south property lines. The site is highly disturbed with a total vegetation cover of approximately 60 percent. There is a Targe specimen Canyon Live Oak tree located at the southeast corner of the site. CITY COUNCIL STAFF REPORT GPA DRC2016-00964 & DBA DRC2017-00156, COMMUNITY RENAISSANCE OF CALIFORNIA June 7, 2017 Page 3 P459 ANALYSIS: A. General: The applicant is requesting to develop a 140 -unit affordable senior housing project on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard In order to facilitate the project, a Density Bonus Agreement is proposed between the City of Rancho Cucamonga and National Community Renaissance of California for the purpose of allowing deviations from certain development standards described in the Victoria Planned Community and the Development Code. Also, a General Plan Amendment is necessary to delete a historic tree from a map of historically designated sites in the General Plan. This subject tree is within the project site and deletion from the map will allow for its physical removal from the site. B. Density Bonus Agreement DRC2016-00964: Development Code Chapter 17.46 (Density Bonuses, Incentives and Concessions) provides incentives for the production of affordable housing, including the opportunity to provide reductions in the related development standards. The applicant can request up to 3 concessions based on the affordability factor of the project. In this case, the applicant is requesting 2 concessions, a reduction in the required number of parking spaces and a reduction in the size of the private recreation areas (decks). Density bonuses and concessions are considered in conjunction with any necessary development entitlements for the project and approved by a Density Bonus Agreement. The designated approving authority for the Density Bonus Agreement is the City Council. The project provides 119 parking stalls, 82 of which are in carport stalls and 37 in uncovered stalls. Projects that provide affordable housing units are required to provide 1 parking space for 1 bedroom units and 2 parking spaces for 2 bedroom units, which is inclusive of guest parking. This translates into a parking requirement of 149 parking spaces. The proposed 119 parking spaces is 30 parking spaces below the minimum requirement (a 20 percent reduction). Projects with affordable units may request a parking reduction as an incentive. The applicant has submitted a parking reduction request that includes a case study of 5 affordable senior housing projects managed by the applicant (National CORE). The average parking ratio of the projects studied was 0.92 stalls per unit and the average parking utilization was 63 percent. Additionally, there are a number of transportation options available for seniors in the City that reduce vehicle use. The project site is in close proximity to a transit stop and adjacent to many services, further reducing the parking demand. The applicant is requesting a parking ratio of 0.85 stalls per unit and is confident that the proposed parking ratio will adequately meet the projects parking demand. A 63 percent parking utilization based on the required 149 parking spaces, would be a parking demand of approximately 94 parking spaces, which translates into a parking buffer of approximately 25 parking spaces. Additionally, each unit includes a private deck ranging in size from 81 square feet for upper floor units and 107 square feet for ground floor units. The required upper floor deck size is 100 square feet and the required ground floor deck size is 100 square feet. Each deck also includes a 130 cubic foot storage area, greater than the required 125 cubic foot storage area. The applicant is requesting a concession for the deck size deficiency. The required Regulatory Agreement and Tax Credit restrictions for the project will require affordability covenants for a term of 55 -years on 139 of the 140 one and two bedroom units. The affordability restrictions for the 139 units are as follows: 15 units will be available to eligible senior households whose income does not exceed 30% of the area median income; 49 units will be CITY COUNCIL STAFF REPORT GPA DRC2016-00964 & DBA DRC2017-00156, COMMUNITY RENAISSANCE OF CALIFORNIA June 7, 2017 Page 4 P460 available for those whose income does not exceed 45% of the area median income; 43 units available to those whose income does not exceed 50% of area median income; and 32 units available for those whose income does not exceed 60% of area median income. Below is a summary of the unit breakdown by income restriction and the estimated affordable rent, exclusive of a utility allowance. As a comparison, current market rents in Rancho Cucamonga average $1,350 for a one -bedroom unit and $1,700 for a two-bedroom unit. Senior Housing Affordability Summary* % of Area of Median Income Number of Units Offered Maximum eligible income Maximum monthly rent 30 Percent 15 $15,600 $359 45 Percent 49 $23,400 $539 50 Percent 43 $26,000 $599 60 Percent 32 $31,200 $719 `Rents are based on one bedroom units. Income estimates are based on two -person household size and utilizing 2015 income limits The managing general partner for the project is National Community Renaissance (National CORE), one of the nation's largest non-profit affordable housing developers and has a proven track record of managing quality affordable housing developments in Rancho Cucamonga. National CORE owns and operates 8 sites totaling 1472 units (897 affordable housing units). The proposed project will also include related facilities, such as ADA access to the Pacific Electric Trail, and a community center to benefit and support the residential development. In addition to providing low income, affordable senior housing, the construction of this project will provide additional jobs, encourage new investment, and improve the economic and physical conditions in the city as well as serve our senior residents. C. General Pian Amendment DRC2016-00964: General Plan Figure LU -8 (Historic Resources) (Exhibit J of the Planning Commission report) illustrates the location of the Designated Historic Sites in the City including the Canyon Live Oak Tree located at the southeast corner on the project site. The applicant requests to amend General Plan Figure LU -8 to remove the subject tree from this figure. The large specimen Canyon Live Oak tree was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. The Historic Preservation Commission approved a Certificate of Appropriateness (DRC2016-00966), Tree Removal Permit (DRC2016-00965) to allow the removal of the tree. The Certificate of Appropriateness will remove the Historic Landmark designation from the subject Canyon Live Oak tree due to the declining health of the subject tree. A condition of approval has been added requiring the developer to install a plaque commemorating the historic tree. The applicant also will plant a 72 -inch box size canyon live oak tree to replace the existing tree. D. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study (IS) 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, Greenhouse Gas Emissions, Agricultural Resources, Cultural Resources, Air Quality, Geology and Soils, Hydrology and Water Quality, and Noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that CITY COUNCIL STAFF REPORT GPA DRC2016-00964 & DBA DRC2017-00156, COMMUNITY RENAISSANCE OF CALIFORNIA June 7, 2017 Page 5 P461 determination, a Mitigated Negative Declaration was prepared and was circulated on April 3, 2017. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration at a Planning Commission hearing that was scheduled for May 10, 2017. Because of a letter (Exhibit M Planning Commission Staff report) received on May 10, 2017 from the California Department of Fish and Wildlife (CDFW), staff requested a continuance to the next Planning Commission hearing date of May 24, 2017, to allow the applicant the time to prepare a response to the concerns described in the letter. At the May 24, 2017, Planning Commission meeting, the Planning Commission reviewed the Mitigated Negative Declaration along with comments received from CDFW and the related applicant and staff responses, and recommended final adoption of the Mitigated Negative Declaration by the City Council. The applicant and their consultant (LSA) have worked with staff to address CDFW's concerns, which includes the project's potential to impact sensitive species and natural communities. Below is a summary of each of CDFW's concerns, followed by LSA's response to those concerns. CDFW Comment #1. Sensitive Plant and Animal Species: CDFW raised concerns that the Initial Study (IS) identifies several special -status wildlife species with potential to occur on the project site, including Coast horned lizard, northwestern San Diego pocket mouse, and San Diego desert wood rat, but states that there is a low likelihood for these species to occur due to the habitat conditions on site. The IS further states that no small mammal burrows were observed on site. CDFW is concerned that the IS fails to identify the potential for the Los Angeles pocket mouse (LAPM) to occur onsite, particularly as the United States Fish and Wildlife Service has documented the occurrence of LAPM within close proximity to the project site. The IS also identifies special status plant species with potential to occur on the project site, including Parry's spineflower and mesa horkelia. However, despite the identification of suitable vegetation and/or soils, focused botanical surveys of the project area were not completed. Instead, the IS/MND concludes that because the site is disturbed, there is a low likelihood of these species being present. The LSA letter report (page 5) also concludes that "due to the small size of the proposed project site, existing disturbances, and proximity to surrounding development, impacts to these sensitive species are not considered significant." LSA Response to Comment #1: LSA maintains that the habitat on site is considered to be of low value for the subject species because the site is small in size (4 acres), has previously been subjected to onsite activities resulting in the degradation of native vegetation diversity and quality, and is isolated from other similar habitats in the region as a result of extensive surrounding development. Review of historical aerials from as early as 2004 (Google Earth) shows the site has intermittently been subjected to repeated ground disturbance and clearing of vegetation, and is isolated from fluvial events as a result of development and the channelization of Day Creek. As a result, native vegetation diversity has been altered. A re-evaluation of the project site was conducted by LSA Senior Biologist/Botanist, Stanley Spencer on May 12, 2017, between the hours of 8:30 am and 12:30 pm. During the site visit, Mr. Spencer conducted a focused rare plant survey for listed species and bloom periods. No sensitive plant species were observed and considered absent from the project site. Mr. Spencer also searched for sensitive animal species. No sensitive animal species or small mammal burrows were observed and it is very unlikely that individual sensitive animal species occur on the CITY COUNCIL STAFF REPORT GPA DRC2016-00964 & DBA DRC2017-00156, COMMUNITY RENAISSANCE OF CALIFORNIA June 7, 2017 Page 6 P462 project site. Although a few individual sensitive animal species are very unlikely to occur on the project site, the project site would not support their long term, continued existence because habitat on site is considered to be of low value for the sensitive species due to the reasons described above and as detailed in the response to the following comment below. Therefore, potential impacts to sensitive animal species are not considered significant under CEQA. CDFW Comment 2. Impacts to Sensitive Natural Communities [Alluvial Fan Sage Scrubl and Lack of City Mitigation Strategy/Conservation Program: The LSA letter report states that the project site supports two primary vegetation communities, one of which includes the presence of scale broom (Lepidospartum squamatum). The letter report, however, incorrectly classifies the community as California buckwheat scrub. Sawyer et al. (2009) has categorized vegetation communities with the presence of >1 % cover of Lepidospartum squamatum as scale broom scrub. Based on the presence of scale broom within the project site the Department has determined that this vegetation community is likely classified as Lepidospartum alliance, and not Buckwheat scrub. Scale broom scrub has an overall rarity ranking of G3 S3, with some associations within the scale broom scrub alliance (i.e., Riversidean alluvial fan sage scrub) as rare as G1 S1 .1. The Department considers all associations with State ranks of S1 -S3 to be highly imperiled. Based on cumulative impacts within the immediate vicinity of this project site APN 1089-031-37[10.18 acres], located immediately south is currently under development; and APN 1090-331-05 [31.99 acres] located south of Base Line Road is proposed for development under the City's "Day Creek Square" project [SCH No. 2017051019]), the Department considers the removal of up to 4 acres of alluvial fan scale broom scrub to be a significant impact (the LSA letter report fails to quantify the acreage of Lepidospartum alliance). LSA Response to Comment #2: As originally determined during the field visit in October 2016, and subsequently reconfirmed during the May 12, 2017, site revisit, hairy yerba santa (Eriodictyon trichocalyx) and California buckwheat (Eriogonum fasciculatum) are the dominant plant species occurring on the proposed project site. This can be attributed to historical disturbances occurring onsite as well as related to surrounding development, isolation from larger blocks of native habitat, and the lack of active soil transport on the site. Neither of these dominant plant species is intrinsically rare or valuable. Subsequently, LSA maintains the habitat onsite is best categorized as a monotypic stand of hairy yerba santa and as California buckwheat scrub (Eriogonum fasciculatum Shrubland Alliance). The hairy yerba santa and California buckwheat scrub habitats found on site are not considered suitable for the long term preservation of the non -listed sensitive species discussed in the response to Comment 1 above. Again, the habitat found onsite lacks connectivity with Alluvial Fan Sage Scrub habitat in the region by extensive development, and preservation of the habitat on this site would not contribute to the conservation effort of larger blocks of Alluvial Fan Sage Scrub habitat in the region. Thus, impacts to the habitats and any associated special status species potentially present, are not considered significant under CEQA. Staff Comments to LSA's Responses: Staff has reviewed LSA's responses to the issued raised by California Department of Fish and Wildlife and their conclusion that the impacts to special status animal species and their habitat are not considered significant under CEQA. Based on this finding, staff concludes that the original determination made in the Initial Study, which was circulated on April 3, 2017, is adequate and that no changes or additional mitigation measures are necessary to address the issues raised by CDFW. CEQA Section 15073.5 (Recirculation of a Negative Declaration Prior to Adoption) states that recirculation of the Initial Study is not required when new information is added to the mitigated CITY COUNCIL STAFF REPORT GPA DRC2016-00964 & DBA DRC2017-00156, COMMUNITY RENAISSANCE OF CALIFORNIA June 7, 2017 Page 7 negative declaration which merely clarifies, amplifies or makes insignificant negative declaration. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal project, the project is consistent with the goals and policies of the General Plan the Development Code. P463 modifications to the does not apply to the and the objectives of FISCAL IMPACT: The project site currently is assessed an annual property tax. A percentage of this annual tax is shared with the City. The proposed development will increase the value of the project site and the City's annual share of the property tax will increase accordingly. The project proponent also will be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. The City will benefit from approval of the project with the following: • The additional units will help the City meet its regional housing needs (RHNA) requirements, as identified in the Housing Element of the General Plan by providing additional very low, low, and moderate income housing opportunities in the City. • The additional units will address a significant and increasing community need for affordable senior housing. The Housing Element notes significant increases in the number of senior households in the City and the special needs of seniors with regard to living on limited incomes and accommodations for accessibility. An estimated 10% of the City's population is aged 65 or older, and an additional 10% of residents are between the ages of 55-65, indicating that the need for senior housing will only continue to increase with time. In addition, 25% of the senior households in the City are extremely low, very low or low income based on data from HUD. • A minimum 55 -year affordable housing agreement/covenant will be established to ensure continued affordability; the provision of the units identified as affordable units in the project remain as such (which will also ensure compliance with the RHNA requirements, as noted above). • The site will be developed with substantial amenities, including a community center, an indoor fitness center, laundry facilities, bike storage, swimming pool and spa, and outdoor courtyards with barbeque picnic areas and fireplaces as well as an ADA trail access, all of which contribute to the health and well-being of our senior residents. • Infrastructure improvements will be constructed in conjunction with the project. • Increased sales tax revenue generated by new residents of the project patronizing businesses in the community. • Additional direct and indirect jobs supported by apartment home construction, operations and resident spending, including hundreds of construction jobs over a two year period, four full time employees once operational plus landscape, maintenance and other weekly/monthly service jobs. CITY COUNCIL STAFF REPORT GPA DRC2016-00964 & DBA DRC2017-00156, COMMUNITY RENAISSANCE OF CALIFORNIA June 7, 2017 Page 8 P464 The project will also generate one-time impact fees, which are intended to offset services from the increased development. The following one-time impact fees will be accessed by the Engineering Department and are subject to change: 1. Library - $56,840 2. Drainage — $80,244 3. Transportation - $279,524 4. Animal Center - $12,320 5. Police - $28,280 6. Park Land Acquisition - $426,860 7. Park Improvement - $251,160 8. Community and Recreation Centers - $171,360 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. No correspondence has been received in response to these notices. EXHIBITS: Attachment 1 - Planning Commission Staff Report Dated May 24, 2017 Attachment 2 - Signed Planning Commission Resolution No. 17-29 for GPA DRC2016-00964 Attachment 3 - Signed Planning Commission Resolution No. 17-30 for Density Bonus Agreement DRC2017-00156 Attachment 4 - Signed Planning Commission Resolution No. 17-31 for Design Review DRC2016-00814 Attachment 5 - Signed Planning Commission Resolution No. 17-32 for Variance DRC2017-00032 Attachment 6 - Signed Planning Commission Resolution No. 17-33 for Tree Removal Permit DRC2016- 00965 Attachment 7 - Historic Preservation Commission Staff Report Dated May 24, 2107 Attachment 8 - Signed Historic Preservation Resolution for Certificate of Appropriateness DRC2016- 00966 Attachment 9 - Draft Resolution Approving General Plan Amendment DRC2016-00964 with the Existing and Proposed General Plan Land Use Figure LU -8 Attachment 10 - Draft Resolution Approving Density Bonus Agreement DRC2017-00156 with the Density Bonus Agreement CB:TV/Is P465 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 24, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Tabe van der Zwaag, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-00964 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request to modify General Plan Figure LU -8 related to the removal of the Historic Resource Designation of an on-site tree related to the site plan and architectural review of a 140 unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: Design Review DRC2016- 00814, Density Bonus Agreement DRC2017-00156, Certificate of Appropriateness DRC2016-00966, Variance DRC2017-00032 and Tree Removal Permit DRC2016- 00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND DENSITY BONUS AGREEMENT DRC2017-00156 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA — A request for a Density Bonus Agreement between the City of Rancho Cucamonga and National Community Renaissance of California, for the purpose of providing a senior housing project in accordance with the Victoria Community Plan and the Development Code, including deviating from certain development standards, for the development of a 140 unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: General Plan Amendment DRC2016-00964, Certificate of Appropriateness DRC2016-00966, Design Review DRC2016-00814, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00814 — NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request for site plan and architectural review of a 140 unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: General Plan Amendment DRC2016-00964, Certificate of Appropriateness DRC2016-00966, Density Bonus Agreement DRC2017-00156, Variance ATTACHMENT 1 PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 2 DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VARIANCE - DRC2017-00032 - NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request to permit walls over 8 feet in height due to on-site grades related to the site plan and architectural review of a 140 unit affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: General Plan Amendment DRC2016-00964, Certificate of Appropriateness DRC2016-00966, Design Review DRC2016-00814, Density Bonus Agreement DRC2017-00156 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENT ASSESSMENT AND TREE REMOVAL PERMIT - DRC2016- 00965 - NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request to remove 1 on-site tree related to the site plan and architectural review of a 140 unit affordable senior housing development on 4 acres of land within the Low - Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related files: General Plan Amendment DRC2016-00964, Certificate of Appropriateness DRC2016-00966, Design Review DRC2016-00814, Density Bonus Agreement DRC2017-00156 and Variance DRC2017-00032. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. P466 BACKGROUND: This item was previously scheduled for a Planning Commission public hearing on May 10, 2017. On the day of the Planning Commission hearing, the Planning Department received a letter (Exhibit M) from the California Department of Fish and Wildlife (CDFW) in response to the project's Mitigated Negative Declaration that was circulated on April 3, 2017. The letter provided comments and recommendations relating to the Biological Resources section of the proposed Mitigated Negative Declaration. Staff requested a continuance to allow the applicant the time to adequately prepare a response to CDFW's comments/recommendations. These comments and recommendations are discussed in further detail within the Environmental Assessment section below. The applicant and the applicant's biologist have since worked with staff and submitted a response that addresses the concerns described in the letter. RECOMMENDATION: Staff recommends the Planning Commission take the following actions: • Recommend the City Council adopt the attached Mitigated Negative Declaration of environmental impacts. • Recommend the City Council approve General Plan Amendment DRC2016-00964 and Density Bonus Agreement DRC2017-00156. • Approve Design Review DRC2016-00814, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 3 PROJECT AND SITE DESCRIPTION: A. Project Density: 35 dwelling units per acre. P467 B. Surrounding Land Use and Zoning: North - Pacific Electric Trail & Single -Family Residences; Low (LM) District (8 — 14 dwelling units per acre), Victoria Community Plan South - Approved Commercial Center; Village Commercial (VC) District, Victoria Community Plan East - Single -Family Residences; Low (L) District (8 — 14 dwelling units per acre), Victoria Community plan West - San Bernardino County Flood Control District Maintenance Yard; Low Medium (LM) District (8 — 14 dwelling units per acre) & Flood Control/Utility Corridor C. General Plan Designations: Project Site - Low Medium (LM) North - Low Medium (LM) South - Neighborhood Commercial (NC) East - Low Medium (LM) West - Low Medium (LM) & Utility Corridor (UC) D. Site Characteristics: The project site is generally rectangular in shape and is approximately 340 feet from east to west and 600 feet from north to south. The site drains roughly from north to south, with a grade change of approximately 10 feet from the north to south property lines. The site is highly disturbed with a total vegetation cover of approximately 60 percent. There is a Targe specimen Canyon Live Oak tree located at the southeast corner of the site. ANALYSIS: A. Background: In September 2014, the Housing Successor Agency (HAS) entered into a Purchase and Sale Agreement with a developer for the 14 acre site located at the northwest corner of Base Line Road and Day Creek Boulevard. The land transaction provided for the sale of the 14 acre site with the intent that 10 acres would be developed as a neighborhood commercial shopping center currently under construction and 4 acres would be used to develop affordable senior housing. The property includes a recorded covenant that requires it to be built for affordable senior housing purposes. The City, in its capacity as the HAS, desires to convey the property to Community Renaissance of California (Day Creek Senior Housing Partners, LP) for development of a 140 -unit, affordable senior housing. The proposed project will consist of 139 affordable senior housing units plus one manager unit. B. General: The applicant is requesting to develop a 140 -unit, affordable senior rental housing project on 4 acres of land at the terminus of Firehouse Court and west of Day Creek Boulevard. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District; to the east is Day Creek Fire Station #173; to the north is the Pacific Electric trail; and, to the south is land that is under construction with a new commercial center (Day Creek Village). The project will take vehicle and pedestrian access from Firehouse Court, with a secondary gated Emergency Vehicle Access (EVA) provided to the future commercial center to the south. The project will also provide a gated pedestrian connection to the Pacific Electric Trail PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814. DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 4 P468 and a pedestrian connection from Firehouse Court to the new commercial center under construction to the south. C. Zoning: The land use and zoning designation of the project site is Low -Medium (LM) District of the Victoria Community Plan, which permits 4 to 8 dwelling units per acre. The Victoria Community Plan includes a provision permitting the zoning designation to be increased by up to 2 density ranges in order to provide plan flexibility. The project site can thus be increased in density from Low -Medium (LM) District to either Medium (M) District (8 —14 dwelling units per acre) or Medium - High (MH) District (14 — 24 dwelling units per acre) The Victoria Community Plan also provides an incentive to build affordable housing, which awards property owners' one bonus unit in density for every affordable dwelling unit provided. The project will be 100 percent affordable and is thus eligible for a 100 percent increase in the permitted density level, or between 24 to 48 dwelling units per acre. The proposed density is 35 dwelling units per acre. D. Affordability. Concessions and Density Bonus Agreement: Development Code Chapter 17.46 (Density Bonuses, Incentives and Concessions) provides incentives for the production of affordable housing, including the opportunity to provide reductions in the related development standards. The applicant can request up to 3 concessions based on the affordability factor of the project. In this case, the applicant is requesting 2 concessions, a reduction in the required number of parking spaces and a reduction in the size of the private recreation areas (decks). Density bonuses and concessions are considered in conjunction with any necessary development entitlements for the project and approved by a Density Bonus Agreement. The designated approving authority for the Density Bonus Agreement is the City Council. The required Regulatory Agreement and Tax Credit restrictions for the project will require affordability covenants for a term of 55 -years on 139 of the 140 one and two bedroom units. The affordability restrictions for the 139 units are as follows: 15 units will be available to eligible senior households whose income does not exceed 30% of the area median income: 49 units will be available for those whose income does not exceed 45% of the area median income, 43 units available to those whose income does not exceed 50% of area median income: and 32 units available for those whose income does not exceed 60% of area median income. Below is a summary of the unit breakdown by income restriction and the estimated affordable rent. exclusive of a utility allowance. As a comparison, current market rents in Rancho Cucamonga average $1,350 for a one -bedroom unit and $1,700 for a two-bedroom unit. Senior Housing Affordability Summary* _ % of Area of Median Income Number of Units ib Offered Maximum eligible income Maximum monthly rent 30 Percent 15 $15,600 $359 45 Percent 49 $23,400 $539 50 Percent 43 $26,000 $599 60 Percent 32 $31,200 $719 *Rents are based on one bedroom units. Income estimates are based on two -person household size and utilizing 2015 income limits The managing general partner for the project is National Community Renaissance (National CORE), one of the nation's largest non-profit affordable housing developers and has a proven track record of managing quality affordable housing developments in Rancho Cucamonga. PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 5 P469 National CORE owns and operates 8 sites totaling 833 housing units. The proposed project will also include related facilities, such as access to the Pacific Electric Trail, and a community center to benefit and support the residential development. In addition to providing low income, affordable senior housing, the construction of this project will provide additional jobs, encourage new investment, and improve the economic and physical conditions in the city. E. Canyon Live Oak Tree and Tree Removal Permit: The large specimen Canyon Live Oak tree located at the southeast corner of the site was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. Removal of the tree requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965). Staff supports the removal of the tree due to the tree's declining condition. The applicant will plant a 72 -inch box size canyon live oak tree to replace the existing tree. F. General Plan Amendment: General Plan Figure LU -8 (Historic Resources) (Exhibit J) illustrates the location of the Designated Historic Sites in the City including the Canyon Live Oak Tree on the project site. General Plan Amendment DRC2016-00964 will amend General Plan Figure LU - 8 to remove the subject tree from this figure. G. Certificate of Appropriateness: Development Code Section 17.16.080 (Tree Removal Permit) requires that removal of a tree that was previously designated as a Historic Landmark shall include the approval of a Certificate of Appropriateness by the Historic Preservation Commission. The Certificate of Appropriateness will remove the Historic Landmark designation from the subject Canyon Live Oak tree due to the declining health of the subject tree. A condition of approval has been added requiring the developer to install a plaque commemorating the historic tree. H. Design: The proposed development has a Craftsman architectural design theme that includes the use of board and batten siding, stone veneer, wood framed awnings and trellis structures, flat tile roofs and exposed rafter tails. These design elements are carried to each elevation, including the inner courtyard and a small 595 square foot detached maintenance building. The project includes both wall and roof plane articulation along with a wood framed porte-cochere at the main entrance. All of the proposed 140 rental units will be in a single building on 3 floors and are built around a central courtyard. This includes 131 one bedroom units that range in size from 617 to 701 square feet and 9 two bedroom units that are 894 square feet in size. The development includes one unit that will be occupied by the on-site manager. The central courtyard includes a pool and spa, BBQ facilities, a fire pit, along with multiple fire places and lounge areas. A community room, warming area, multi-purpose room and technology areas are provided within the building. Shared laundry facilities are provided on each floor. I. Development Criteria: The project complies with all development criteria of the Victoria Community Plan and the Development Code, except for the 2 concessions for a reduction in the parking and private open space requirements and a request for a wall height Variance. The minimum side and rear setbacks provided for the carports is 6 feet (5 feet required) and the front PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 6 P470 setback is 96 feet (15 feet required). The building height is 39 feet — 4 inches, which is below the permitted 40 feet. Total private and common open space is 40 percent (35 percent required) and the total lot coverage is 24 percent (50 percent maximum). Each unit includes a private deck ranging in size from 81 square feet (upper floor) and 107 square feet (ground floor). The required upper floor deck size is 100 square feet and the required ground floor deck size is 100 square feet. Each deck also includes a 130 cubic foot storage area, greater than the required 125 cubic foot storage area. The applicant is requesting a concession for the deck size deficiency. The project complies with the landscape requirements including the parking lot landscaping and the tree planting requirement (200 trees). The perimeter of the project site includes columnar trees to screen the view of the adjacent maintenance yard. The replacement Canyon Live Oak tree (72 - inch box) will be located directly south of the main entrance, creating a focal point and will include a seat wall and the plaque commemorating the historic Canyon Live Oak tree. J. Parking: The project provides 119 parking stalls, 82 of which are in carport stalls and 37 in uncovered stalls. Projects that provide affordable housing units are required to provide 1 parking space for 1 bedroom units and 2 parking spaces for 2 bedroom units, which is inclusive of guest parking. This translates into a parking requirement of 149 parking spaces. The proposed 119 parking spaces is 30 parking spaces below the minimum requirement (a 20 percent reduction). Projects with affordable units may request a parking reduction as an incentive. The applicant has submitted a parking reduction request that includes a case study of 5 affordable senior housing projects managed by the applicant (National CORE). The average parking ratio of the projects studied was 0.92 stalls per unit and the average parking utilization was 63 percent. Additionally, there are a number of transportation options available for seniors in the City that reduce vehicle use. The project site is in close proximity to a transit stop and adjacent to many services, further reducing the parking demand. The applicant is requesting a parking ratio of 0.85 stalls per unit and is confident that the proposed parking ratio will adequately meet the projects parking demand. A 63 percent parking utilization based on the required 149 parking spaces, would be a parking demand of approximately 94 parking spaces, which translates into a parking buffer of approximately 25 parking spaces. K. Variance: The project includes property line walls that are over the 6 -foot maximum permitted wall height. The north property line wall includes a retaining wall that ranges in height from 4 to 6 feet topped by a 6 -foot high free standing wall, for a calculated height of 8 to 9 feet. Additionally, there is a 2.5 -foot retaining wall proposed adjacent to the existing 6 -foot high wall between the project site and the adjacent City fire station. In both cases, the additional wall height will only be visible on the applicant's side of the wall. The applicant has submitted a Variance for the additional wall height (DRC2017-00032). The findings of facts below support the necessary findings, which are required by the City's Development Code: Finding: Strict or literal interpretation and enforcement of the specified regulation would result in a difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. Fact: The increase in wall height is necessary due to a 4 to 6 foot grade change between the project site and the Pacific Electric Tail to the north and due to the necessity for a 2.5 foot retaining wall along the east property line, adjacent to an existing 6 foot high free standing wall. Without the PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 7 P471 Variance, the applicant would be required to step the retaining walls, reducing the developable portion of the lot and the number of units that could be constructed. Finding: There are exceptional or extraordinary 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 zone. Fact: There is an up to 6 -foot grade change between the project site and the Pacific Electric Trail to the north which requires the construction of a property line retaining wall. There is also a 2.5 foot grade change along the east property line which requires the placement of a retaining wall directly adjacent to an existing 6 foot high free standing wall. Finding: Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. Fact: Without an increase in the permitted wall heights, the developable portion of the project site would be reduced in order to step the retaining walls. In turn, reducing the number of units that could be constructed on the site. Finding,: The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact: It is common practice to grant a Variance for an increase in property line wall height where there is a grade change between a project site and the adjacent parcels of land. In this case, there is an up to 6 foot grade change along the north property line and 2.5 foot grade change along the east property line. The additional wall height will only be visible on the applicant's side of the wall. Finding: The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Fact: The increased wall heights will not negatively impact the surrounding property owners as the additional wall height will only be visible on the project site. L. Design Review Committee: The project was reviewed by the Design Review Committee (DRC) on March 14, 2017. The DRC recommended that the project move forward to the Planning Commission with the addition of two minor design changes, the addition of trellis structures over select windows and the addition of board and batten siding on the south elevation. The applicant was accepting of the proposed design changes and the attached plan have incorporated these changes. M. Technical Review Committee: The project was reviewed and approved by the Technical Review Committee (TRC) on March 14, 2017. N. Neighborhood Meeting: On March 1, 2017, a neighborhood meeting was conducted by the applicant at Goldy S. Lewis Community Center (11200 Base Line Road). No residents attended the meeting. PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 8 P472 O. SB18 and AB52 Tribal Consultation: In conformance with California State Bill (SB) 18, on November 9, 2016, staff sent a Tribal Consultation Request of the proposed project to a list of tribal communities provided by the Native American Heritage Commission. A letter dated December 5, 2016, was received by staff from the Gabrieleno Band of Mission Indians — Kizh Nation requesting that a certified Native American monitor be on-site during any and all ground disturbances. Staff also sent out a Tribal Consultation request in conformance with California Assembly Bill (AB) 52, on February 23, 2017, of the proposed project to the Soboba Band of Luiseno Indians, the San Manuel Band of Mission Indians, the San Gabriel Band of Mission Indians and the Torres Martinez Desert Cahuilla Indians. The City has not been contacted to date in regards to the (AB) 52 notification letter. A Mitigation Measure was added to the Initial Study requiring that a Gabrieleno Band of Mission Indians — Kizh Nation certified Native American be on site during any and all ground disturbances. P. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study (IS) 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, Greenhouse Gas Emissions, Agricultural Resources, Cultural Resources, Air Quality, Geology and Soils, Hydrology and Water Quality, and Noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared and was circulated on April 3, 2017. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration at a Planning Commission hearing that was scheduled for May 10 2017. Because of a letter (Exhibit M) received on May 10, 2017 from the California Department of Fish and Wildlife (CDFW), staff requested a continuance to the next Planning Commission hearing date of May 24, 2017 to allow the applicant the time to prepare a response to the concerns described in the letter. The applicant and their consultant (LSA) have worked with staff to address CDFW's concerns, which includes the project's potential to impact sensitive species and natural communities. Below is a summary of each of CDFW's concerns, followed by LSA's response to those concerns. CDFW Comment #1. Sensitive Plant and Animal Species: CDFW raised concerns that the Initial Study (IS) identifies several special -status wildlife species with potential to occur on the project site, including Coast horned lizard, northwestern San Diego pocket mouse, and San Diego desert wood rat, but states that there is a low likelihood for these species to occur due to the habitat conditions on site. The IS further states that no small mammal burrows were observed on site. CDFW is concerned that the IS fails to identify the potential for the Los Angeles pocket mouse (LAPM) to occur onsite, particularly as the United States Fish and Wildlife Service has documented the occurrence of LAPM within close proximity to the project site. The IS also identifies special status plant species with potential to occur on the project site, including Parry's spineflower and mesa horkelia. However, despite the identification of suitable vegetation and/or soils, focused botanical surveys of the project area were not completed. Instead, the IS/MND concludes that because the site is disturbed, there is a low likelihood of these species being present. The LSA letter report (page 5) also concludes that "due to the small size of the proposed project site, existing disturbances, and• proximity to surrounding development, impacts to these sensitive species are not considered significant." P473 PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 9 LSA Response to Comment #1: LSA maintains that the habitat on site is considered to be of low value for the subject species because the site is small in size (4 acres), has previously been subjected to onsite activities resulting in the degradation of native vegetation diversity and quality, and is isolated from other similar habitats in the region as a result of extensive surrounding development. Review of historical aerials from as early as 2004 (Google Earth) shows the site has intermittently been subjected to repeated ground disturbance and clearing of vegetation, and is isolated from fluvial events as a result of development and the channelization of Day Creek. As a result, native vegetation diversity has been altered. A re-evaluation of the project site was conducted by LSA Senior Biologist/Botanist, Stanley Spencer on May 12, 2017, between the hour of 8:30 am and 12:30 pm. During the site visit, Mr. Spencer conducted a focused rare plant survey for listed species and bloom periods. No sensitive plant species were observed and considered absent from the project site. Mr. Spencer also searched for sensitive animal species. No sensitive animal species or small mammal burrows were observed. However, because a trapping study and focused survey for other sensitive species (e.g., Coast horned lizard) were not conducted, it is very unlikely that individual sensitive animal species occur on the project site. Although a few individual sensitive animal species are very unlikely to occur on the project site, the project site would not support their long term, continued existence because habitat on site is considered to be of low value for the sensitive species due to the reasons described above and as detailed in the response to the following comment below. Therefore, potential impacts to sensitive animal species are not considered significant under CEQA. CDFW Comment 2. Impacts to Sensitive Natural Communities [Alluvial Fan Sage Scrub] and Lack of City Mitigation Strategy/Conservation Program: The LSA letter report states that the project site supports two primary vegetation communities, one of which includes the presence of scale broom (Lepidospartum squamatum). The letter report, however, incorrectly classifies the community as California buckwheat scrub. Sawyer et al. (2009) has categorized vegetation communities with the presence of >1 % cover of Lepidospartum squamatum as scale broom scrub. Based on the presence of scale broom within the project site the Department has determined that this vegetation community is likely classified as Lepidospartum alliance, and not Buckwheat scrub. Scale broom scrub has an overall rarity ranking of G3 S3, with some associations within the scale broom scrub alliance (i.e., Riversidean alluvial fan sage scrub) as rare as G1 S1 .1. The Department considers all associations with state ranks of 51 -S3 to be highly imperiled. Based on cumulative impacts within the immediate vicinity of this project site APN 1089-031-37[10.18 acres], located immediately south is currently under development; and APN 1090-331-05 [31.99 acres] located south of Base Line Road is proposed for development under the City's "Day Creek Square" project [SCH No. 2017051019]), the Department considers the removal of up to 4 acres of alluvial fan scale broom scrub to be a significant impact (the LSA letter report fails to quantify the acreage of Lepidospartum alliance). LSA Response to Comment #2: As originally determined during the field visit in October 2016, and subsequently reconfirmed during the May 12, 2017 site revisit, hairy yerba santa (Eriodictyon trichocalyx) and California buckwheat (Eriogonum fasciculatum) are the dominant plant species occurring on the proposed project site. This can be attributed to historical disturbances occurring onsite as well as related to surrounding development, isolation from larger blocks of native habitat, and the P474 PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 10 lack of active soil transport on the site. Neither of these dominant plant species is intrinsically rare or valuable. Subsequently, LSA maintains the habitat onsite is best categorized as a monotypic stand of hairy yerba santa and as California buckwheat scrub (Eriogonum fasciculatum Shrubland Alliance). The hairy yerba santa and California buckwheat scrub habitats found on site are not considered suitable for the long term preservation of the non -listed sensitive species discussed in the response to Comment 1 above. Again, the habitat found onsite lacks connectivity with Alluvial Fan Sage Scrub habitat in the region by extensive development, and preservation of the habitat on this site would not contribute to the conservation effort of larger blocks of Alluvial Fan Sage Scrub habitat in the region. Thus, impacts to the habitats and any associated special status species potentially present, are not considered significant under CEQA. Staff Comments to LSA's Responses: Staff has reviewed LSA's responses to the issued raised by California Department of Fish and Wildlife and their conclusion that the impacts to special status animal species and their habitat are not considered significant under CEQA. Based on this finding, staff concludes that the original determination made in the Initial Study, which was circulated on April 3, 2017, is adequate and that no changes or additional mitigations measures are necessary to address the issues raised by CDFW. CEQA Section 15073.5 (Recirculation of a Negative Declaration Prior to Adoption) states that recirculation of the Initial Study is not required when new information is added to the mitigated negative declaration which merely clarified, amplifies or makes insignificant modifications to the negative declaration. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the project, the project is consistent with the goals and policies of the General Plan and the objectives of the Development Code. FISCAL IMPACT: The project site currently is assessed an annual property tax. A percentage of this annual tax is shared with the City. The proposed development will increase the value of the project site and the City's annual share of the property tax will increase accordingly. The project proponent also will be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. The City will benefit from approval of the project with the following: • The additional units will help the City meet its regional housing needs (RHNA) requirements, as identified in the Housing Element of the General Plan by providing additional very low, low, and moderate income housing opportunities in the City. • The additional units will address a significant and increasing community need for affordable senior housing. The Housing Element notes significant increases in the number of senior households in the City and the special needs of seniors with regard to living on limited incomes and accommodations for accessibility. An estimated 10% of the City's population is aged 65 or older, and an additional 10% of residents are between the ages of 55-65, indicating that the need for senior housing will only continue to increase with time. In addition, 25% of the senior households in the City are extremely low, very low or low income based on data from HUD. P475 PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 11 • A minimum 55 -year affordable housing agreement/covenant will be established to ensure continued affordability; the provision of the units identified as affordable units in the project remain as such (which will also ensure compliance with the RHNA requirements, as noted above). • The site will be developed with substantial amenities, including a community center, an indoor fitness center, laundry facilities, bike storage, swimming pool and spa, and outdoor courtyards with barbeque picnic areas and fireplaces. • Infrastructure improvements will be constructed in conjunction with the project. • Increased sales tax revenue generated by new residents of the project patronizing businesses in the community. • Additional direct and indirect jobs supported by apartment home construction, operations and resident spending, including hundreds of construction jobs over a two year period, four full time employees once operational plus landscape, maintenance and other weekly/monthly service jobs. The project will also generate one-time impact fees, which are intended to offset services from the increased development. The following one-time impact fees will be accessed by the Engineering Department and are subject to change: 1. Library - $56,840 2. Drainage — $80,244 3. Transportation - $279,524 4. Animal Center - $12,320 5. Police - $28,280 6. Park Land Acquisition - $426,860 7. Park Improvement - $251,160 8. Community and Recreation Centers - $171,360 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. No correspondence has been received in response to these notices. EXHIBITS: Exhibit A - Site Utilization Plan Exhibit B - Cover Sheet Exhibit C - Site and Floor Plans Exhibit D - Roof Plan Exhibit E - Elevations and Sections Exhibit F - Wall and Fence Plan Exhibit G - Grading Plans Exhibit H - Landscape Plans Exhibit I - Design Review Committee Action Agenda for March 14, 2017 Exhibit J - Existing and Proposed General Plan Land Use Figure LU -8 Exhibit K - Density Bonus Agreement P476 PLANNING COMMISSION STAFF REPORT GPA DRC2016-00964, DR DRC2016-00814, DBA DRC2017-00156, VARIANCE DRC2017-00032 & TRPDRC2016-00965 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 12 Exhibit L - Initial Study Parts I, II, and III Exhibit M - Letter from the California Department of Fish and Wildlife (CDFW) dated May 10, 2017 Exhibit N — Response letter from LSA to CDFW comments dated May 17, 2017 Draft Resolution Recommending Approval of General Plan Amendment DRC2016-00964 Draft Resolution Recommending Approval of Density Bonus Agreement DRC2017-00156 Draft Resolution of Approval for Design Review DRC2016-00814 Draft Resolution of Approval for Variance DRC2017-00032 Draft Resolution of Approval for Tree Removal Permit DRC2016-00965 CB:TV/Is gV 2i3G ss5 s� s e 315r/ g —,f . y .ice • DESCRIPTION of REVISION CITY of RANCHO CUCAMONGA g .,4n, ' 477 e1 1 1 8 ql -"'‘'., �.[L:" w- • rl•lik`;i-'A C"y(1- r t_ m PO AD, Or 7 1 Is:? =11 1E. 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OF 4 f) w J 0 Lu U") Z O < Z I Q �z w w� (n Q J � U 0 Z Z Q U Z H --▪ O U Ld 0 Z Ii ii If I Ij ti PROPOSED PRETREATMENT: VORTSENTRY OR APPROVED EQUAL 1 J w 0JQZm Q d o s,,, I_ • CL auJzo= w a z i › w Z 4 a a�,m zap =0 a• 9 DESCRIPTION of REVISION CITY of RANCHO CUCAMONGA 5 b p ex 1 95 �J�A 2 u °46 �.A 111 u6 sa NVId 3dVJSaNV1 lVf 1d30NO0 S1N3 4!2 VdV ?JOIN]S 318Vci O33V SV11IA NI33210 AVa .1 EXHIBIT H NOI1Jf1N1SNOO )OJ MON .. 6 , ' /( \m) j� «.l'' -_ - ---�, \.§!_ 4E }/@/ \ ulDaP // JJ PA m� � * A� � � o * s l¥ !n „; ao AVG 9 1g |� _ , NT PLANTING ON SLOPE ONLLNVId 3NIAO yy L' n=n= ;l.nt�ni+� �Sir • • 1iµ kT0 O TREE PLANTING ON A SLOPE • .NO1 on moa NW ION / + .. / « 4 ( ^^®^ �® . 2 § -. m , Q NOCOVER SPACING 1 , 3Y� . § ..,, g • 7 CITY OF RANCHO CUCAMONGA MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE A. CALL TO ORDER Roll Call: 7:00 P.M Ray Wimberly Rich Macias Candyce Burnett Donald Granger Alternates: Lou Munoz Rich Fletcher Francisco Oaxaca Additional Staff Present: Mike Smith, Senior Planner: Tabe van der Zwaag, Associate Planner; Dominick Perez, Associate Planner B. PUBLIC COMMUNICATIONS None This is the time and place for the general public to address the Committee on any item listed on the agenda. State law prohibits the Committee from addressing any issue not previously included on the Agenda. The Committee may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Staff Coordinator, depending upon the number of individuals embers of the audience. This is a professional businessmeeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. C. PROJECT REVIEW ITEMS The following items will be presented by the applicant and/or their representatives. Each presentation and resulting period of Committee comment is limited to 20 minutes. Following each presentation, the Committee will address major issues and make recommendations with respect to the project proposal. The Design Review Committee acts as an advisory Committee to the Planning Commission. Their recommendations will be forwarded to the Planning Commission as applicable. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. EXHIBIT 1 Page 1 of 4 CITY OF RANCHO CUCAMONGA MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE C1. SIGN PERMIT DRC2017-00106 - KIMLEY-HORN AND ASSOCIATES, INC. - A request to remove an existing illuminated wall sign and replace with two (2) new illuminated wall signs on an existing retail store (Target) located within the Community of the Terra Vista Community Plan at 10576 Foothill Boulevard - APN: 1077-423-15. The Committee briefly discussed the project and recommended approval " C2. DESIGN REVIEW MODIFICATION DRC2017-00071 - NASSEF ESKANDER FOR ALTA LOMA ANIMAL HOSPITAL - A request to modify Design Review DRC2008-00909 by deleting a Condition of Approval, in Planning Commission Resolution No. 14-05, that required an access easement on the subject property as part of the approval for the construction and operation of an animal hospital in the General Commercial (GC) located at 7289 Amethyst Avenue - APNs: 0202-161-10, -11, and -20. Related file: Design Review DRC2008-00909. Staff presented background on the Design Review application that was approved by the City in January 2014. The applicant's reason for requesting the deletion of the subject condition of approval was explained. The presentation included a background on the applicant's efforts to comply with the condition of approval and the difficulty he encountered while attempting to acquire the signature of the neighboring property owner that was needed for access easement. Staff also explained his attempts to assist the applicant. The Committee recognized that the applicant and Staff had exhausted the available means for obtaining the signature. The Committee recommends to the Planning Commission the approval of the deletion of the subject condition of approval C3. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00814 - NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request for site plan and architectural review of a 140 -unit affordable senior housing development on 4 acres of land within the Low - Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard - APN: 1089-031-36. Related records: General Plan Amendment DRC2016-00964, Development Agreement DRC2017-00156, Certificate of Appropriateness DRC2016-00966, Variance DRC2017-00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff provided a project overview to the Committee and raised 2 design issues regarding adding additional trellis structures of the select windows and additional board and batten siding on the south elevation. The applicant stated that they had no issue with addition of the requested architectural enhancements. The Commissioners recommended that the project move forward to the Planning Commission for final review with the agreed upon architectural enhancements. C4. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT20042 - NH WEAVER LANE, LLC - A request to subdivide 18.2 acres of land into 26 lots for the purposes of developing 26 single-family residences for a site located on the east side of Carnelian Street Page 2 of 4 MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE and north of Hillside Road in the Very Low (VL) District (.1 — 2 Dwelling Units per Acre) and within the Hillside Overlay District - APN: 1061-261-01. Related records: Hillside Design Review DRC2016-00377, Variance DRC2016-00748, Variance DRC2017-00014 and Tree Removal Permit DRC2016-00376. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND HILLSIDE DESIGN REVIEW DRC2016-00377 — NH WEAVER LANE, LLC - A request for site plan and architectural review of 26 single-family residences on 18.2 acres of land related to Tentative Tract Map SUBTT20042, located on the east side of Carnelian Street and north of Hillside Road in the Very Low (VL) District (.1 — 2 Dwelling Units per Acre) and within the Hillside Overlay District - APN: 1061-261-01. Related records: Tentative Tract Map SUBTT20042, Variance DRC2016-00748, Variance DRC2017- 00014 and Tree Removal Permit DRC2016-00376. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff provided a project overview to the Committee. Commissioner Macias asked staff whether each lot provided an adequate area for a horse corral that met the required 70 -foot buffer from the neighboring residences. He also stated that he wanted staff to provide the Commissioners with an update at the Planning Commission outlining how the future homeowner would be informed about the maximum permitted lot coverage. Staff informed the Committee that each lot would provide the required horse corral area at the required separation distance from the neighboring residences. The applicant, Bryan Avilla, then provided the Committee with a brief overview on the design of the project site and stated that they would provide the new property owners with a disclosure statement outlining the maximum lot coverage. The meeting was then opened for public comment. Joseph Cowan, president of the Alta Loma Riding Club, asked whether project density was calculated from gross lot size and stated that the Alta Loma Riding Club was concerned the project only provided 1 point of access, that the equestrian trail system did not loop and that the lots that were near maximum lot coverage would not be able to construct a covered corral area. Staff stated that lot coverage was calculated from gross lot size, as required by the Development Code. The applicant stated that the stream bed running through the site limited providing a loop trail and that the property owners of the public street to the east were opposed to a street connection with the project. A second member of the public, Mrs. Judith Brennan, asked whether the project would provide an equestrian connection to Carnelian Street and asked whether a horse trail could be provided adjacent to the east property line, so horses and walkers would not be required to walk in the street. Staff stated that the project would provide 2 equestrian connection points to Carnelian Street and would have the applicant investigate whether it was technically possible to provide an equestrian trail along the east property line. The Committee then recommended that the project move forward to the Trail Advisory Committee for their review and to Planning Commission for final review. Page 3 of 4 MARCH 14, 2017 - 7:00 P.M. DESIGN REVIEW COMMITTEE ACTION AGENDA RAINS ROOM CITY HALL 10500 CIVIC CENTER DRIVE C5. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00713 - LVD TERRA VISTA, LLC - A request for site plan and architectural review of a 214 -unit multi -family development on 12.1 acres of land within the Medium High (MH) District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Terra Vista Parkway - APN: 1077-422-97. Related records: Terra Vista Community Plan Amendment DRC2016-00715, Tentative Tract Map SUBTT20054, Minor Exception DRC2016- 00716, Minor Exception DRC2017-00159 and Pre -Application DRC2016-00361. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Staff provided a project overview to the Committee and raised 2 design issues regarding adding additional pilasters around the pool areas and wood trellis structures to the front elevation of the carriage unit, which are currently a homebuyer's option. The applicant agreed to add the pilasters around the pool area and wants to leave it up to the homeowners as to whether they wanted to purchase the trellis structure to the front elevation of the carriage unit as an option. They went on to state that at a similar project that they recently constructed, no homeowners selected the trellis structure option. The Commissioners agreed with the applicant that the trellis structures would not be required. The Commissioners recommended that the project move forward to the Planning Commission for final review with the addition of pilasters around the pool area. D. ADJOURNMENT 8:56 P.M. The Design Review Committee 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 Committee. I, Jennifer Palacios, Office Specialist II with the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on day, Thursday, March 2, 2017, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, CA. Jennifer Palacios Office Specialist 11 City of 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. Page 4of4 0) X LU Th (, J O N H E ci c E• x c 2a)0 - ct a� • O a.J U Y c O az 0 U E0 cz m�U � J v 4.13 I1 • I wa I w ai VIM] 1IFIVi IOW J —41 SP tit t /Atli 1 Moutmall 2rlisiii All l Ai6 _g = il!ffra r `� 111 E �; -�gii Er FNMA. ! - w mu , ,�° IMng ' � it:' ILi •..i 4 !"blh iIIII a iii IJL'it=dill*Il r ,,� a' IEra,na aal- Vi, 11 II EiIru Jr 4 2 1'j �I tr Ris 512.y PG EXHIBIT J VW, M •••••N w loom 2 5 P502 a VJ 0 0 0 f✓ • • an Gabriel Mountains z I • z I 0 z Nz- A4OO-OW4t or • • w m U 0 J ca> 0)0 0 E cc 0 0 0 U C ca 4y cts E J 1- m 0 a) J 0 a ca 0 •w i•.•1> lt4., 1110 'IIii. vot r uuuuk . �;� _ F i �r�i E sI ! . . c hlem1 oz tif � gg ��• yJ 1 U o nn •,r••• O. 2 5 P503 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Clerk With a copy to: Day Creek Senior Housing Partners LP c/o National Community Renaissance 9421 Haven Avenue Rancho Cucamonga, CA 91730 Attn: Chief Financial Officer APNs: 1089-031-36 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees Pursuant to Government Code Section 27383 DENSITY BONUS AGREEMENT DRC2017-00156 (SENIOR CITIZENS AFFORDABLE HOUSING) THIS DENSITY BONUS AGREEMENT ("Agreement") is dated as of June 7, 2017 and is entered into by and between DAY CREEK SENIOR HOUSING PARTNERS LP, a California nonprofit public benefit corporation (the "Developer"), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation (the "City"). RECITALS A. California Government Code Section 65915(d) provides that in addition to a density bonus (not applicable here), a city may, by agreement with a developer, grant up to three incentives or concessions that the applicant requests when a developer agrees to construct housing for low income households. B. The City has implemented California Government Code Section 65915(d) by enacting Municipal Code Section 17.46.040B, which subject to certain limitations, contemplate such incentives to encourage development of affordable housing for low income households. C. Developer has requested City to consider the approval of a density bonus agreement which will grant concessions for Developer's development of the real property in City on Exhibit "A" ("Site"). The Site is located within the Victoria Planned Community. D. The Developer proposes to construct a senior housing residential project, consisting of low income units, on the Site. Said project contemplated by Developer will require two incentives/concessions from the residential development standards in the Victoria Planned Community. The Developer is not requesting a density bonus for this project. EXAIBIT K -1- P504 E. It is the desire of City to encourage developments designed to provide affordable rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to grant concessions to Developer as provided by the terms of this Agreement, which is a so-called "density bonus agreement" contemplated and required by Municipal Code Chapter 17.46.040. F. City and Developer have entered into a Disposition, Development and Loan Agreement dated in 2016 which obligates the City to sell the Site to Developer subject to certain conditions, including the condition that a "Development Agreement" be approved by City and executed; however, Developer and City have determined that the only purpose of such condition was to provide for the affordable housing incentives described herein, and that Municipal Code Chapter 17.46 requires a so- called "density bonus agreement" under that Chapter, not a statutory development agreement. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, the following terms shall have the following meaning: a. "Affordable Rents" shall mean the total charges for rent, utilities, and related services in an amount not to exceed the amount of rent permitted under California Health and Safety Code Section 50053 and Sections 6910 — 6932 of Title 25 of the California Code of Regulations. b. "Area Median Income" shall mean the median income for households in San Bernardino County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall either use the income determinations used by the California Tax Credit Allocation Committee or may use income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. c. "City" is the City of Rancho Cucamonga, California. d. "Project" is the development approved by City comprised of one hundred and forty (140) apartment units, recreational and common area facilities, parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Environmental Assessment and Design Review DRC2016-00814 submitted by Developer and approved by City. The Project is subject to the conditions of approval which are not changed, altered or modified by this Agreement. e. "Qualified Tenants" shall mean households consisting of a person who is sixty- two (62) years of age or older and any qualified permanent residents under the applicable provisions of California Civil Code Section 51.3 and the federal Fair Housing Act (except to the extent the Project utilizes federal funds whose programs have differing definitions for senior projects in which case those definitions will apply), and whose annual household income does not exceed eighty percent (80%) of the Area Median Income. 2. Binding Effect of Agreement. The Developer hereby subjects the Site and development thereon to the covenants, reservations and restrictions as set forth in this Agreement in perpetuity. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be -2- 11231-0001 \205003 7v4.doc P505 binding upon the Developer's successors and assigns and successor to any interest in the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 3. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever. 4. Restrictions on Rental Units; Qualified Tenants. It is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. Except for one (1) manager's unit, the apartment units in the Project shall be rented, occupied, leased or subleased to households which include at least one Qualified Tenant. 5. Rental Requirements; Affordable Rent. One hundred and thirty-nine (139) of the units in the Project, not including the one unit for a resident manager, shall be rented, leased or held available for Qualified Tenants at Affordable Rents. 6. No Conversion. During the term hereof, all residential units in the Project shall remain rental units. During the term hereof, no apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 7. On-site Manager. A full-time manager shall be provided on the Project site in the manager's unit. 8. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants, including the income restrictions on some of the units as set forth in this Agreement. On or before April 15 of each year following the first leasing of any apartment (other than the manager's unit), the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including utility charges (if any); b. A project occupancy profile; c. A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas. d. The number of persons per unit; e. Tenant name; f. Initial occupancy date; -3- 11231-0001 \2050037v4.doc P506 g. Rent paid per month; h. Gross income per year; i. Percent of rent paid in relation to income; and j. Copies of all documents used by Developer to certify the tenant as a Qualified Tenant. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. City shall repair any damage and shall defend, indemnify and hold Developer harmless from and against any claims, liabilities, damages, costs, expenses incurred by Developer relating in any way to City's inspections and investigations. 9. Tenant Selection, Contracts and Rules and Regulations. After receipt of applications for income restricted units, Developer shall determine the eligibility of the occupancy under the terms of this Agreement. Verification of tenant income eligibility shall be based on the following information and other information if permitted by the California Tax Allocation Committee for the low income housing tax credit program: a. Income verification form from the Social Security Administration and/or the California Department of Social Services, if the applicant receives income from either or both agencies; b. Income tax return for the most recent tax year; c. TRW or similar financial search; d. Income verification from all current employers; and e. If the applicant is unemployed and has no tax return, another form of independent verification. Developer shall deliver copies thereof to City upon written request. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to use. Such agreement shall include all rules and regulations governing tenancy within the Project. 10. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an unlawful eviction under the following circumstances: a. The death of the sole tenant of the unit; b. By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30) days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. -4- 1123 I -0001 \2050037v4.doc P507 An affordable unit initially occupied by a Qualified Tenant shall be deemed occupied by a Qualified Tenant until such affordable unit is vacated, even if the tenant's household income subsequently increases to an amount that exceeds the maximum allowable income level for its initial income category so long as satisfactory actions are taken to ensure that all vacancies are filled in accordance with this Agreement until the noncompliance is corrected. Upon termination of occupancy of an affordable unit by a tenant, such affordable unit shall be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating tenant, until such affordable unit is reoccupied, at which time the income character of the affordable unit shall be determined by the income of the incoming tenant. The income of all persons residing in the affordable unit shall be considered for purposes of calculating the applicable income. Except as otherwise required by applicable law, no less than one person per bedroom shall be allowed; no more than two persons shall be permitted to occupy a one bedroom affordable unit; and no more than three persons shall be permitted to occupy a two bedroom affordable unit. Any termination of a tenancy other than those listed above in this Section shall constitute a lawful eviction only if: (i) Developer conduct it in compliance with the provisions of California law and (ii) the lease is terminated then only for material noncompliance with the terms of the applicable rental agreement after written notice and the expiration of a reasonable cure period. 11. Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as Developer may determine. During the term hereof, the Project shall be insured to its full insurance replacement value. 12. Maintenance Guarantee. Developer shall comply with all City maintenance standards for the Project enacted from time to time. 13. Standards and Restriction Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site during the term of this Agreement: a. Developer is required to obtain all necessary land use entitlements, approvals and permits for the Project. b. Only residential uses of the real property shall be permitted in the Project. 14. Development Incentives. Pursuant to Government Code Section 65915(d) and Rancho Cucamonga Municipal Code Section 17.46.040.B., the City grants Developer the following development incentives for development of the Project: a. The amount of required private open space per dwelling unit is decreased from 150 square feet for ground floor dwelling units and 100 square feet for upper floor dwelling units to 107 square feet for ground floor dwelling units and 80 square feet for upper floor dwelling units; and b. The required number of on-site parking spaces is decreased to a minimum ratio of 0.85 parking spaces per unit, with 82 carport stalls and 37 uncovered spaces. -5- 1 123 I -0001 \2050037v4.doc P508 15. Project Design Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. The following physical amenities shall be substantially included in the Project: a. Unit sizes shall be an average of 600 square feet for 1 -bedroom residential units and 890 square feet for 2 -bedroom residential units; b. Elevator service shall be provided to all upper story apartments; c. All common access areas in the Project such as entryways, walkways, and hallways will be wide enough to accommodate wheelchairs; d. The Project will meet all applicable current requirements for access and design imposed by law as administered by the City building and safety department, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps; e. All units shall possess secured entryways off a common enclosed hallway; and f. The Project is designed to encourage social contact by providing at least one common room (the Project community room) and at least some common open space (the Project's fitness room, pool, outdoor fire pit lounge, courtyard and garden areas). 16. Indemnification. Developer shall defend, indemnify and hold City and its elected officials, officers, agents and employees harmless from claims, liabilities, losses, damages and costs and expenses arising from or relating to personal injuries, including death, and property damage which may arise from the activities of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or willful misconduct of the City. 17. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties. 18. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a warranty, representation or statement is made or furnished by Developer to City and is inaccurate in any material respect when it was made; b. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 19. 19. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, then City may, without further notice, declare a default under this Agreement and City may then enforce as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code applicable to this Agreement. However, notwithstanding the foregoing, City may at any time apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement. -6- 11231-0001 \2050037v4.doc P509 20. Developer Representation Re: Priority; No Waiver of Remedies. Developer represents and warrants that this Agreement, when recorded, is senior and prior to all deeds of trust and other liens, except for liens for property taxes and assessments not yet due. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 21. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, deeds of trust, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien; c. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 22. Notice to Lender. If Developer shall have provided City in writing with the name of the Lender and a copy of its recorded deed of trust, then City shall give written notice of any default or breach under this Agreement by Developer to such Lender and if the default can be cured by the payment of money, City shall give Lender the opportunity after service of the notice to cure the breach or default within sixty (60) days after delivery of said notice. 23. Notices. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto in a notice given pursuant to this Section. Developer: Day Creek Senior Housing Partners LP c/o National Community Renaissance ® 9421 Haven Avenue Rancho Cucamonga, CA 91730 Attn: Chief Financial Officer City: City of Rancho Cucamonga 10500 Civic Center Drive -7- 11231-0001 7- 1123I-0001 \2050037v4. doc P510 Rancho Cucamonga, CA 91730 Attn: City Manager 24. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 25. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 26. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 27. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino. 28. Time of Essence. Time is of the essence of every provision hereof in which time is a factor. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein. DEVELOPER: DAY CREEK SENIOR HOUSING PARTNERS LP, a California nonprofit public benefit corporation By: Day Creek Senior Housing Partners MGP, LLC, a California limited liability company, its general partner By: National Community Renaissance of California, a California nonprofit corporation, its sole member/manager By: 1123 I -0001 \205003 7 v4. doc Steve PonTell Chief Executive Officer -8- CITY: CITY OF RANCHO CUCAMONGA, a municipal corporation By: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: By: James Markman City Attorney P511 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On ) ) , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -9- 1123 I -0001 \2050037v4.doc P512 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On , before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -10- 1123 I -0001 \2050037v4.doc P513 EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE THE FOLLOWING REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA: PARCEL "A" BEING PORTIONS OF LOTS 21 AND 22 OF ORANGE EMPIRE ACRES, AS PER MAP RECORDED IN BOOK 20, PAGE 1 OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, TOGETHER WITH THAT PORTION OF RAILROAD AVENUE SOUTH, VACATED PER INSTRUMENT No. 92-447926, RECORDED OCTOBER 28, 1992 OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 21, SAID POINT BEING SOUTH 00°12'36" WEST 575.70 FEET FROM THE NORTHWEST CORNER OF SAID LOT 21; THENCE, ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION, NORTH 00°12'36" EAST 615.70 FEET TO THE NORTHWEST CORNER OF SAID INSTRUMENT No. 92- 447926; THENCE, ALONG THE NORTH LINE OF SAID INSTRUMENT No. 92-447926, SOUTH 89°11'41" EAST 342.01 FEET TO THE NORTHEAST CORNER OF SAID INSTRUMENT No. 92-447926, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE EAST LINE OF SAID INSTRUMENT No. 92-447926 AND THE EAST LINE OF SAID LOT 22, SOUTH 00°12'48" WEST 418.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FIREHOUSE COURT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 61.04 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89°50'34" WEST; THENCE, LEAVING SAID EAST LINE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 28°23'25" AN ARC LENGTH OF 30.25 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 42°24'52" WEST 51.92 FEET; THENCE SOUTH 89°17'07" WEST 195.07 FEET, THENCE SOUTH 44°17'06" WEST 171.66 FEET TO THE POINT OF BEGINNING. SAID LAND IS DESCRIBED AS PARCEL A OF LL/A 2005-00002 RECORDED 12/04/2015 AS INSTRUMENT NO. 2005 — 531707 OF OFFICIAL RECORDS. -11- 1123 I -0001 \2050037v4.doc P514 RANCHO CUCAMONGA Planning Department (909) 477-2750 Print�gr� ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. Upon review of the completed Initial Study Part I and the development application, additional information such as, but not limited to, traffic, noise, biological, drainage, and geological reports may be required. The project application will not be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Part II as required by CEQA. In addition to the filing fee, the applicant will be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, analysis, recommendations, mitigations, etc., of any special studies or reports. GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: DRC2016-00814 Project Title: Day Creek Senior Villas Name & Address of project owner(s): National Community Renaissance of California 9421 Haven Avenue, Rancho Cucamonga CA 91730 Name & Address of developer or project sponsor: National Community Renaissance of California 9421 Haven Avenue, Rancho Cucamonga CA 91730 )7L/ P/ EXHIBIT L Page 1 of 10 P516 Contact Person & Address: Alexa Washburn, Vice President of Planning, 9421 Haven Avenue, Rancho Cucamonga CA 91730; awashburn@nationalcore.org Name & Address of person preparing this form (if different from above): Telephone Number: (909) 483-2444 or direct (949) 394-7996 PROJECT INFORMATION & DESCRIPTION: Information indicated by an asterisk (*) is not required of non -construction CUP's unless otherwise requested by staff. *1) Provide a full scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): terminus of Firehouse Court (north of Baseline and west of Day Creek) 4) Assessor's Parcel Numbers (attach additional sheet if necessary): 1089-031-36-0-00 *5) Gross Site Area (ac/sq. ft.): 4.0 acres *6) Net Site Area (total site size minus area of public streets & proposed dedications): 4.0 acres 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): A General Plan Amendment is required to replace a Canyon Live Oak Tree that is classified as a Heritage Try and designated as a Point of Historic Interest in the General Plan (Figure LU -8: Historic Resources). The GPA is required to remove the tree from a map showing the location of all the historic resources in the City. Updated 4/11/2013 Page 2 of 10 P517 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: Tree Removal Permit - DRC2016-00965 Removal and replacement of a Canyon Live Oak Tree Certificate of Appropriateness - DRC2016-00966 to remove and replace Canyon Live Oak tree Variance - DRC2017-00032 for additional wall height (to implement retaining walls) Development Agreement - DRC2017-00156 Agreement for density bonus concessions 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 proposed project site is an undeveloped vacant parcel bordered by the Day Creek Fire Station to the east, single-family residences and the Rails to Trails multi -use trail to the north, a commercial development under construction to the south, and a fenced equipment/truck yard to the west. The site elevation is approximately 1,332 to 1,345 feet above mean sea level (amsl). The site is rectangular in shape, and the topography of the project area is sloped to the south. Mapped soils on the site are Tujunga gravelly loamy sand, 0 to 9 percent slopes and Tujunga loamy sand, 0 to 5 percent slopes (WebSoil Survey). Soils observed on the site appeared consistent with this designation and have a sandy soil substrate, that is punctuated with rock and cobble. The site historically was located within an alluvial fan and the soils on site are remnant of this association with the alluvial fan. The site is highly disturbed and the total vegetation cover is approximately 60 percent. The vegetation on site is dominated by a dense monotypic stand of hairy yerba santa at the southwest portion of t6 while the remainder of the site is primarily bare ground sparsely vegetated by poor quality California buckwheat scrub interspersed with California sagebrush, shortpod mustard, and telegraph weed. Other plants observed on site include scalebroom, chamise mountain mahogany, Mexican elderberry, wedgeleaf ceanothus and deerweed. A mature canyon live oak tree in declining health is west of Firehouse Court along the southern site boundary. Wildlife species observed during the survey include mourning dove, lesser goldfinch, house finch, common side -blotched lizards and desert cottontail. No drainage features, ponded areas, wetlands, or riparian habitat subject to jurisdiction by the CDFW, USACE, and/or RWQCB were found within the project site. Source - LSA Associates, Biological Resources Assessment Survey for the Day Creek Villas, October 2016. Updated 4/11/2013 Page 3 of 10 P518 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information (books, published reports and oral history): No cultural resources were identified with the project area. Source - LSA Associates, Cultural Resource Assessment for Day Creek -Baseline Development Project, October 2016. 11) Describe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Existing noise sources include existing residential homes and any activity on the Pacific Electric Bike Trail nova of the site, activities associated with the Day Creek Firestation 173 located east of the site, and transportation related noise from nearby roadways including Day Creek Boulevard (east) and Baseline Road (to the south). Refer to Noise Impact Study prepared by Urban Crossroads, October 2016. 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: Three story affordable senior apartment building with 131 one bedroom units that average 635 SF and 9 two bedroom units that average 915 SF. 119 parking stalls are provided, 82 of which are provided in carport stalls and 37 in uncovered stalls. Amenities include swimming pool/ spa, fitness center, community center with lobby and lounge, and outdoor courtyards with BBQ picnic areas and fireplaces. Project also includes a 595 SF maintenance building. The building height ranges from approximately 39 to 40 feet. 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.): To the west of the project site is a maintenance yard operated by San Bernardino County Flood Control District to the east is Day Creek Firestation #173 approximately two -stories in height, to the north is the Pacific Electric multi-purpose trail and further north a tract of two-story, single-family homes, and to the south is land under construction for a new commercial shopping center (Day Creek Marketplace). Updated 4/11/2013 Page 4 of 10 P519 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? No, the proposed project is well designed and compatible with surrounding uses. The project will complete Firehouse Court with a building that is of similar architectural style to the adjacent fire station and the shopping center under construction to the south. 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? Due to the low traffic volumes generated by the Project long term, no exterior noise mitigation is required. Construction noise is temporary, intermittent and of short duration, and will not present any long-term impacts; however, noise abatement measures will be implemented - construction activities will be limited to day time h� all equipment will have proper mufflers, and equipment will be staged furthest away from sensitive uses. See 161 *16) Indicate proposed removals and/or replacements of mature or scenic trees: There is a large specific Canyon Live Oak tree located at the southeast corner of the site which was given a Historic Landmark designation by the Historic Preservation Commission on Oct. 21, 1987. The health of the tree has declined to a point where the City's arborist and Applicant's arborist have concluded that the tree cannot be preserved. Thus the tree will be removed and replaced with a large specimen Canyon Live Oak tree with wall seat located directly south of thy 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: No drainage features, ponded areas, or wetlands were found within the project site. 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at (909) 987-2591. a. Residential (gal/day) 35,840 Peak use (gal/Day) 35,840 b. Commercial/Ind. (gal/day/ac) Peak use (gaUmin/ac) 19) Indicate proposed method of sewage disposal. 0 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 Valley Water District at (909) 987-2591. 26,6a a. Residential (gal/day) b. Commercial/Industrial (gal/day/ac) Updated 4/11/2013 Page 5 of 10 P520 RESIDENTIAL PROJECTS: 20) Number of residential units: 140 Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: Attached (indicate whether units are rental or for sale units): 140 affordable rental units for seniors (age 62+) 21) Anticipated range of sale prices and/or rents: 22) Sale Price(s) $ _ to $ Rent (per month) $ 276 to $636 Specify number of bedrooms by unit type: 141 one bedroom units averaging 635 square feet and 9 two bedroom units averaging 920 square feet. 23) Indicate anticipated household size by unit type: bedroom units. 1 persons for one bedroom units and 2 persons for two 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: 0 a. Elementary: b. Junior High: c. Senior High 0 0 COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses: Updated 4/11/2013 Page 6 of 10 P521 26) Total floor area of commercial, industrial, or institutional uses by type: 27) Indicate hours of operation: 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): 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): 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. Fire has reviewed plans; water, sewer and flood control have not been contacted by the Applicant yet and will be conditioned to do so prior to construction. Updated 4/11/2013 Page 7 of 10 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, 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 - A search of selected government databases was conducted by Leighton using the EDR Radius Report environmental database report system. The subject site was not identified in the EDR report. A limited soil investigation was performed; chemicals of potential concern were not detected above residential human health screening levels. 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 35) The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission/Planning Director hearing: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information may • - • uired to be submitted before an adequate evaluation can be made by the City of Rancho Cucam, nga. Date: March 13, 2017 Updated 4/11/2013 Sign ure: Title: Vice President of Planning Page 8 of 10 P522 P523 ATTACHMENT "A" CITY OF RANCHO CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single -Family Multi -Family Neighborhood Commercial General Commercial Office Professional Institutional/Government Industrial Park Large General Industrial Heavy Industrial (distribution) Sewer Flows Single -Family Multi -Family General Commercial Office Professional Industrial Park Large General Industrial Heavy Industrial (distribution) Source: 705 gallons per EDU per day 256 gallons per EDU per day 1000 gal/day/unit (tenant) 4082 gal/day/unit (tenant) 973 gal/day/unit (tenant) 6412 gal/day/unit (tenant) 1750 gal/day/unit (tenant) 2020 gal/day/unit (tenant) 1863 gal/day/unit (tenant) 270 gallons per EDU per day 190 gallons per EDU per day 1900 gal/day/acre 1900 gal/day/acre Institutional/Government 3000 gal/day/acre 2020 gal/day/acre 1863 gal/day/acre Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 Updated 4/11/2013 Page 9 of 10 P524 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 6061 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909) 988-8511 Updated 4/11/2013 Page 10 of 10 P525 tl a 0 Oa ...==..r.L.:47.3 tl 0 tl tl A 0 0 0 0ss1n as sr == • Project 11114 !!5B- ��,�►. ■-...•IL�lmimmli IIIA i.,`a.tlLocation _/i+mmemi 1■Cion1223st■ '11.. .:: . ilii it 11 {' u2 Riverside 11 Mil County- =:,film.� I 4N1 egr;: . M 1 LSA 0 1000 20cO FEET LEGEND SOURCE: USGS 7.5' Quad - Guasti (19811 CA Project Location I:\NC01601\GIS\ProjectLocation_USGS.mxd (10/25/2016) FIGURE 1 Day Creek Villas Regional and Project Location P526 Photo 1: View facing northwest across study area Photo 2. View facing northeast across study area LSA 1 '.. NC01601\GIS,te Photo.. cdr (11)125.12016) FIGURE 5 Day Creek Villas Site Photographs P527 Photo 3: View facing southeast towards center of the site. Photo 4 View facing southwest towards center of site LSA NCO1601',G\Sae Photos cdr 110/25,2016) FIGURES Day Creek Villas Site Photographs P528 Photo 5: View facing southwest at stand of hairy yerba santa. LSA 1 ',NC01601\G\Site Photos.cdr (10/25/2016) FIGURE 5 Day Creek Villas Site Photographs 11111111111111111111111111111111111 '+S.,' ^ . _• '^ ~~ .'. - . . Photo 6: View facing south at the Pacific Electric bike trail. Photo 7: View of the Canyon Live Oak tree from the northeast. P530 BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1. Project File: General Plan Amendment DRC2016-00964, Density Bonus Agreement DRC2017- 00156, Design Review DRC2016-00814, Certificate of Appropriateness DRC2016-00966, Variance DRC2017-00032, Tree Removal Permit DRC2016-00965 2. Related Files: N/A 3. Description of Project: The project is for the development of a 140 -unit multiple -family affordable senior housing project on 4 acres of land west of Day Creek Boulevard, at the terminus of Firehouse Court. The project includes a General Plan Amendment (DRC2016-00964) to amend General Plan Figure LU -8, which shows the location of historic resources within the City. There is a tree on the project site that was given a Historic Landmark Designation. Removal of the tree also requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission and a Tree Removal Permit (DRC2016-00965). The project also includes a Density Bonus Agreement (DRC2017-00156) and a Variance (DRC2017-00032) to permit walls over 8 feet in height due to a grade difference between the project site and the adjacent properties. The project site is on one parcel of land; APN: 1089-031-36. 4. Project Sponsor Name and Address: National Community Renaissance of California 9421 Haven Avenue Rancho Cucamonga, CA 91730 5. General Plan Designation: Low Medium (LM) 6. Zoning: Low Medium 7. Surrounding Land Uses and Setting: The vacant project site is generally rectangular in shape and drains roughly from north to south, with a grade change of approximately 10 feet from the north to south property lines. The site is highly disturbed with a total vegetation cover of approximately 60 percent. There is a large specimen Canyon Live Oak tree located at the southeast corner of the site that is proposed to be removed because of declining health. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) and Open Space (OS) Districts of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan; to the north is the Pacific Electric trail; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan. The project will take vehicle and pedestrian access from Firehouse Court, with a secondary gated Emergency Vehicle Access (EVA) provided to the future commercial center to the south. The project will also provide a gated pedestrian connection to the Pacific Electric Trail and a pedestrian connection from Firehouse Court to the new commercial center under construction to the south. The land use and zoning designation of the project site is Low -Medium (LM) District of the Victoria Community Plan. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P531 Initial Study for City of Rancho Cucamonga DRC2016-00814 Page 2 9. Contact Person and Phone Number: Tabe van der Zwaag (909) 477-2750, extension 4316 10. Other agencies whose approval is required: (e.g., permits, financing approval, or participation agreement) GLOSSARY — The following abbreviations are used in this report: CALEEMOD — California Emissions Estimator Model CVWD — Cucamonga Valley Water District EIR — Environmental Impact Report FEIR — Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES — National Pollutant Discharge Elimination System NOx — Nitrogen Oxides ROG — Reactive Organic Gases PMio — Fine Particulate Matter RWQCB — Regional Water Quality Control Board SCAQMD — South Coast Air Quality Management District SWPPP — Storm Water Pollution Prevention Plan ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than -Significant -Impact" as indicated by the checklist on the following pages. (✓) Aesthetics (✓) Biological Resources (✓) Greenhouse Gas Emissions () Land Use & Planning () Population & Housing () Transportation/Traffic (✓ ) Agricultural Resources (✓) Cultural Resources () Hazards & Waste Materials () Mineral Resources () Public Services () Utilities & Service Systems (/) Air Quality (✓) Geology & Soils (✓) Hydrology & Water Quality (✓) Noise () Recreation () Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: O V) O () I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. Rev 9-16 Initial Study for City of Rancho Cucamonga DRC2016-00814 Page 3 O 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 N ATIVE DECLARATION. including revisions or mitigation measures that are imposed upon t proposed project, nothing further is required. Prepared By: Date: Reviewed By: Date: .3 e 11 Rev 9-16 P532 P533 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 4 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No 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. Day Creek Boulevard, which runs approximately 300 feet east of the project site, is a special boulevard and a designated view corridor according to General Plan Figure LU -6. The development of the project site will not negatively impact the Day Creek Boulevard view corridor. Therefore, no adverse impacts are anticipated. 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 vacant site is located west of Day Creek Boulevard at the terminus of Firehouse Court and is characterized by a multi -use trail and residential development to the north, by land under construction with a commercial center to the south, by a City fire station to the east and by a San Bernardino County Flood Control District maintenance yard to the west. On-site vegetation consists of Riversidean Alluvial Fan Sage Scrub and ruderal vegetation. The visual quality of the area will not degrade as a result of the project as the proposed affordable senior apartment units are designed with a similar architectural theme to the adjacent City fire station and the future commercial center to the south and will become a larger part of the community. The project was reviewed by City's Design Review Committee and is consistent with the Development Code and Victoria Community Plan design guidelines. 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 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 require 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. Rev 9-16 P534 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 5 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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? () () () (✓) c) Conflict with existing zoning for, or cause re -zoning of, forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? () () () (✓ ) d) Result in the loss of forest land or conversion of forest land to non -forest use? () () () (✓) e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? () () () (1) Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located west of Day Creek Boulevard at the terminus of Firehouse Court and is characterized by a multi -use trail and residential development to the north, by land under construction with a commercial center to the south, by a City fire station to the east and by a San Bernardino County Flood Control District maintenance yard to the west. There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga according to the General Plan and the California Department of Conservation Farmland Map 2010. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmland parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore no impacts would occur related to the conversion of forest land to Rev 9-16 P535 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 6 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. No mitigation is required. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore no impacts would occur related of the loss or conversion of forest land to non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. e) The site is located west of Day Creek Boulevard at the terminus of Firehouse Court and is characterized by a multi -use trail and residential development to the north, by land under construction with a commercial center to the south, by a City fire station to the east and by a San Bernardino County Flood Control District maintenance yard to the west. The nearest agricultural use, Joseph Filippi Winery and Vineyards, is Tess than .5 miles to the east of the project site. The project site does not border this agricultural use and the proposed affordable senior apartment units will not negatively impact the operation of this agricultural use. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non -forest use. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the 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? () (✓) () ( ) d) Expose sensitive receptors to substantial pollutant concentrations? () (✓) () ( ) e) Create objectionable odors affecting a substantial number of people? () () () V) Comments: a) As discussed in subsection b, the project would not exceed any air quality standards and 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. b) Both the State of California and the Federal government have established health -based ambient air quality standards (AAQS) for seven air pollutants. These pollutants include ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), coarse particulate matter with a diameter or 10 microns or less (PMio), fine particulate matter less Rev 9-16 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 7 than 2.5 (PM2.5) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PMio and PM2.5) are considered regional pollutants while the others have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (H2S), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PMto), fine particulate matter less than 2.5 (PM2.5) microns in diameter, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by the EPA to classify regions as "attainment" or "non -attainment" depending on whether the regions met the requirements stated in the primary NAAQS. Nonattainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin's compliance with the FCAA. The South Coast Air Basin is in Non -Attainment Status for Ozone, PMio and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality Impact Analysis was prepared by Urban Crossroads (September 30, 2016) that utilizes CaiEEMod (Version 2013.2.2) to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Rev 9-16 P536 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact than 2.5 (PM2.5) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PMio and PM2.5) are considered regional pollutants while the others have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (H2S), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PMto), fine particulate matter less than 2.5 (PM2.5) microns in diameter, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by the EPA to classify regions as "attainment" or "non -attainment" depending on whether the regions met the requirements stated in the primary NAAQS. Nonattainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin's compliance with the FCAA. The South Coast Air Basin is in Non -Attainment Status for Ozone, PMio and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality Impact Analysis was prepared by Urban Crossroads (September 30, 2016) that utilizes CaiEEMod (Version 2013.2.2) to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Rev 9-16 P536 P537 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 8 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant wth Mitigation Incorporated Less Than Significant Impact No Impact Short Term (Construction): Project Emissions and Impacts The project proposes the development of 140 affordable senior apartments on 4 acres of land. The project site is currently undeveloped. The potential emissions associated with construction of the project are described in the following sections. Summary of Peak Construction Emissions (Emissions Summary of Overall Construction with Best Available Control Measures) TABLE 3-4: MAXIMUM DAILY CONSTRUCTION EMISSIONS SUMMARY Year Emissions (pounds per day) VOC NOx CO SOx PM10 PM2.5 2017 4.38 45.49 33.35 0.05 7.55 4.92 2018 3.42 27.34 27.53 0.05 3.13 1.94 2019 61.74 24.58 26.38 0.05 2.91 1.72 Maximum Daily Emissions 61.74 45.49 33.35 0.05 7.55 4.92 SCAQMD Regional Threshold 75 100 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO Construction activities associated with the project will result in emissions of CO, VOCs, NOx, SOx, PK() and PM2.5 and are expected from the following construction activities: demolition, grading (including soil import), building construction, painting (architectural coatings) paving (curb, gutter, flatwork, and parking lot), and construction worker commuting. Localized Significance Summary (Construction Emissions with Best Available Control Measures) TABLE 3-6: LOCALIZED SIGNIFICANCE SUMMARY CONSTRUCTION On -Site Site Preparation Emissions Emissions (pounds per day) NO. CO PMu PM2.5 Maximum Daily Emissions 45.61 31.90 7.36 4.86 SCAQMD Localized Threshold 237 1,873 13 8 Threshold Exceeded? NO NO NO NO On -Site Grading Emissions Emissions (pounds per day) NO. CO PM= PM:3 Maximum Daily Emissions 28.92 19.57 4.17 2.80 SCAQMD Localized Threshold 237 1,873 13 8 Threshold Exceeded? ; NO NO NO NO Rev 9-16 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 9 Issues and Supporting Information Sources: potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities envisioned on site would vary daily as construction activity levels change. The use of construction equipment on site would result in localized exhaust emissions; however, as shown in the tables above, the amount will not exceed any threshold of significance. Fugitive Dust Fugitive dust emissions are generally emissions associated with land clearing and exposure of soils to the air and wind, and cut -and -fill grading operations. Dust generated during construction varies substantially on a project -by project basis, depending on the level of activity, the specific operation and weather conditions at the time of construction. Construction emissions can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions and other factors. The proposed project will be required to comply with SCAQMD Rules 402 and 403 to control fugitive dust. Architectural Coatings Architectural coatings contain VOCs that are similar to ROCs and are part of the 03 precursors. Based on the proposed project, it is estimated that the proposed project will result in a maximum of approximately 61.74 lbs of VOC per day (from table 3-4 above) (combined for all construction sources) during construction. Therefore, this VOC emission is the principal air emission and is less than the SCAQMD VOC threshold of 75 lbs/day. Odors Heavy-duty equipment in the project area during construction would emit odors. However, the construction activity would cease to occur after individual construction is completed. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402 the proposed uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on-site and existing off-site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos The proposed project is located in San Bernardino County and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestos (NOA) during project construction is small and less than significant. Based on the discussion above and with implementation of the following Best Available Control Measures (BACM) identified in the Air Quality Impact Analysis (Urban Crossroads; September 30, 2016) as mitigation measures, short-term, construction impacts will be less -than -significant: Rev 9-16 P538 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 10 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 1) All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Cumulative Impacts: Short -Term Construction Emissions Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.5 and PM10) would exceed SCAQMD thresholds for significance; therefore, they would all be cumulatively considerable if they cannot be mitigated on a project basis to a level less -than -significant. This city-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. With implementation of the following best practices and mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize short-term air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 4) 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. 5) 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 Rev 9-16 P539 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 11 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 8) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) 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. 10) 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 25mph) 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. 11) 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. 12) 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. Rev 9-16 P540 Initial Study for DRC2016-00814 P541 City of Rancho Cucamonga Page 12 Rev 9-16 Prosect Long Term (Operational) Emissions and Impacts Long-term air pollutant emissions are those associated with stationary sources and mobile sources involving any project -related changes. The proposed project would result in a net increase in the amount of development in the area; therefore, the proposed project would result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-site buildings and electricity for the lighting in the buildings and at the parking area. As shown in the following tables, project implementation will not exceed any significance thresholds. No Tong -term, operational impacts will occur as a result of the project. Summary of Peak Operational Emissions TABLE 3-5: MAXIMUM DAILY OPERATIONAL EMISSIONS SUMMARY (1 OF 2) Operational Activities- Summer Scenario Emissions (pounds per day) Less Than Significant Less CO Issues and Supporting Information Sources: Potentially With Than 4.67 0.13 Significant Mitigation Significant No Energy Source Impact Incorporated Impact Impact Rev 9-16 Prosect Long Term (Operational) Emissions and Impacts Long-term air pollutant emissions are those associated with stationary sources and mobile sources involving any project -related changes. The proposed project would result in a net increase in the amount of development in the area; therefore, the proposed project would result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-site buildings and electricity for the lighting in the buildings and at the parking area. As shown in the following tables, project implementation will not exceed any significance thresholds. No Tong -term, operational impacts will occur as a result of the project. Summary of Peak Operational Emissions TABLE 3-5: MAXIMUM DAILY OPERATIONAL EMISSIONS SUMMARY (1 OF 2) Operational Activities- Summer Scenario Emissions (pounds per day) VOC NO, CO SO, PM us PMu Area Source 4.67 0.13 11.63 0.00 0.25 0.25 Energy Source 0.05 0.41 0.17 0.00 0.03 0.03 Mobile 1.60 4.98 18.87 0.05 3.67 1.00 Total Maximum Daily Emissions 6.32 5.52 30.67 0.05 3.95 1.28 SCAQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO TABLE 3-5: MAXIMUM DAILY OPERATIONAL EMISSIONS SUMMARY (2 OF 2) Operational Activities - Winter Scenario Emissions (pounds per day) VOC NO. CO SO. PMw PMss Area Source 4.67 0.13 11.63 6.10E-04 0.25 0.25 Energy Source 0.05 0.41 0.17 2.62E-03 0.03 0.03 Mobile 1.54 5.19 17.58 0.05 3.57 1.00 Total Maximum Daily Emissions 6.26 5.73 29.38 0.05 3.85 1.28 SCAQMD Regional Threshold 55 55 550 150 150 55 Threshold Exceeded? NO NO NO NO NO NO Localized Signifiance - Long Term Operational Activity: The proposed project involves the construction and operation of 140 affordable senior apartment units. According to SCAQMD LST methodology, LST's would apply to the operational phase of a proposed project, if the project includes stationary sources, or attracts mobile sources that may spend long periods queuing and idling at the site (e.g., transfer facilities and warehouse buildings). The propsed project does not include such uses, and thus, due to P542 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 13 the lack of significant stationary source emissions, no long-term localized significance threshold analysis is needed. Cumulative Impacts (Long Term/Operational Emissions) The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the potential impacts to air quality based on the future build out of the City. In the long-term, continued development would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, all developments would be cumulatively significant if they cannot be mitigated on a project basis to a less -than -significant level. This City-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. With implementation of the following mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize long-term, operational air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal Toad with automated time clocks or occupant sensors. 17) Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 19) Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 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. 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 Rev 9-16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact the lack of significant stationary source emissions, no long-term localized significance threshold analysis is needed. Cumulative Impacts (Long Term/Operational Emissions) The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the potential impacts to air quality based on the future build out of the City. In the long-term, continued development would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, all developments would be cumulatively significant if they cannot be mitigated on a project basis to a less -than -significant level. This City-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. With implementation of the following mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize long-term, operational air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal Toad with automated time clocks or occupant sensors. 17) Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 19) Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 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. 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 Rev 9-16 P543 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 14 a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. With implementation of mitigation measures listed in subsection b) above from the City's 2010 General Plan FPEIR, which are designed to minimize long-term, operational air quality impacts, cumulative impacts will be less -than -significant. 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 adjacent to the Day Creek Fire Station #173 and within 1/4 mile of single family residences. The Methodology explicitly states that it is possible that a project may have receptors closer than 25 meters. Projects with boundaries located closer than 25 meters to the nearest receptor should use the LSTs for receptors located at 25 meters. Therefore, LSTs for receptors located at 25 meters were utilized in the Air Quality Study (Urban Crossroads; September 30, 2016). As the project is less than 4 acres, the project was modeled after SCAQMD's Summary of a Four Acre Site. As shown in Table 3-6 (Localized Significance Summary Construction), the project does not exceed SCAQMD Localized Thresholds. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under subsection b above and the following mitigation measure will reduce any potential 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. Operational odors (Long-term) are not typically associated with the type of use. Odors from the proposed affordable senior rental housing use would most likely be from activities such as the cooking of food and the disposal of refuse, however, these odors would be minimal and not considered to be significant. No adverse impacts are anticipated. Rev 9-16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. With implementation of mitigation measures listed in subsection b) above from the City's 2010 General Plan FPEIR, which are designed to minimize long-term, operational air quality impacts, cumulative impacts will be less -than -significant. 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 adjacent to the Day Creek Fire Station #173 and within 1/4 mile of single family residences. The Methodology explicitly states that it is possible that a project may have receptors closer than 25 meters. Projects with boundaries located closer than 25 meters to the nearest receptor should use the LSTs for receptors located at 25 meters. Therefore, LSTs for receptors located at 25 meters were utilized in the Air Quality Study (Urban Crossroads; September 30, 2016). As the project is less than 4 acres, the project was modeled after SCAQMD's Summary of a Four Acre Site. As shown in Table 3-6 (Localized Significance Summary Construction), the project does not exceed SCAQMD Localized Thresholds. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under subsection b above and the following mitigation measure will reduce any potential 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. Operational odors (Long-term) are not typically associated with the type of use. Odors from the proposed affordable senior rental housing use would most likely be from activities such as the cooking of food and the disposal of refuse, however, these odors would be minimal and not considered to be significant. No adverse impacts are anticipated. Rev 9-16 P544 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 15 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? () (✓) () ( ) b) Have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? () () () (✓) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? () () () (✓) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? () () () (✓) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? () (✓) () ( ) f) Conflict with the provisions of an adopted Habitat 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 and commercial uses. The site has been previously disrupted during the 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. A Biological Resources Assessment Survey was conducted on the project site by LSA (October 27, 2016). The assessment found that the study area is highly disturbed and the total vegetation cover is approximately 60 percent. The site, historically, was located within a much larger area of Riversidean Alluvial fan Sage Scrub (RAFSS). However, over time the RAFSS habitat on the site degraded into two primary vegetation communities due to disturbances related to surrounding development, isolation from larger blocks of RAFSS habitat, and the lack of active soil transport on the site. Presently, the vegetation on site is dominated by a dense monotypic stand of hairy yerba santa at the southwest portion of the study area, while the remainder of the site is primarily bare ground sparsely vegetated by California buckwheat scrub interspersed with California sagebrush, shortpod mustard, and telegraph weed. Other plants observed on site include scalebroom, chamise, mountain mahogany, Mexican elderberry, wedgeleaf ceanothus Rev 9-16 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 16 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact and deer week. A mature Canyon live oak tree exists on site, just west of the terminus of Firehouse Court. No drainage features, ponded areas, wetlands, or riparian habitat subject to jurisdiction by the CDFW, USACW and/or RWQCB were found within the project site. Neither a Clean Water Act (CWA) Section 401 and 404 permits nor a CDFW streambed alteration agreement is necessary. The project site is considered unsuitable for the California gnatcatcher, as the site is only 4 acres in size and isolated by surrounding development, and because vegetation on site is highly disturbed and monotypic. The project site is also considered unsuitable habitat for the San Bernardino kangaroo rat (SBKR), which inhabits alluvial fan sage scrub habitats with gravelly and sandy soils of alluvial fans, braded river channels and active channels and terraces. Although alluvial fan scrub is present, it is disturbed by surrounding development and is isolated, there is no longer active soil transport on the site. Therefore, the site is not considered suitable habitat for the SBKR. In addition, no small mammal burrows were observed on site and the project does not occur within SBKR designated critical habitat, which occurs approximately 1.5 miles to the north of the project site and across State Route 210. A suitability survey was conducted for burrowing owls. The project site was determined to not contain suitable habitat for burrowing owls due to tall vegetation present on site and absence of potential nesting sites as described above. No burrowing owls or burrowing owl sites were observed during the habitat assessment survey. A burrowing owl survey is being required prior to ground clearing activities to assure that burrowing owls have not occupied the project site during the intervening time between the submitted study and ground clearing activities. The Biological Resources Assessment Survey (LSA; October 27, 2016) concludes that based on the disturbed habitat conditions, the project is not anticipated to result in any impacts to federally or state listed endangered or threatened species or to any non -listed special status species. However, a pre -construction nesting bird survey should be performed 3 days prior to ground moving actives. With the following mitigation measures, any impacts to sensitive species will be Tess than significant: 1) Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non- invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Rev 9-16 P545 P546 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 17 Issues and Supporting Information Sources:Potentially pP g Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Wildlife (CDFW) and the Planning Department within 3 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre -construction survey shall be provided to CDFW and the City. If the pre -construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre - construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 3 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non -migratory resident burrowing owls during a pre -construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 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 potentially may move through the north/south trending tributaries in the northern portion of the City and within the Sphere of Influence. Therefore no adverse impacts are anticipated. e) There is a large specimen Canyon live oak tree located at the southeast corner of the site which was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist (Jim Borer, October 10, 2016) and the City's on -staff arborist (Dean Rodia) have concluded that the tree cannot be preserved. Removal of the Rev 9-16 P547 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 18 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact tree requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, and a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map showing the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965). The applicant proposes planting a 70 -inch box size Canyon live oak on the site to the west of the existing tree. With the planting of the proposed replacement Canyon live oak tree, the project will be in conformance with the tree preservation ordinance and the impact to the environment will be less than significant with the incorporation of the following mitigation measure: 3) A 70 -inch box size Canyon live oak shall be planted on the project site to the west of the existing Canyon live oak tree to be removed. 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? () () () (✓) e) Directly or indirectly affect a Native American tribal cultural resource: () (✓) () ( ) 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). A Cultural Resources Assessment was performed on the site (LSA; October 2016). The study reviewed the cultural resources records and literature, aerial photographs and historic maps for a 1 -mile radius surrounding the project site. The study also included an intensive field survey of the project site. The study concluded that no previously undocumented resources were identified within the project area and no other cultural resources were identified during the field survey. No monitoring or future cultural resource studies are recommended. The study does recommend that in the event that previously undocumented archaeological resources are identified during earthmoving activities, further work in the area should be halted until a professional archaeologist can assess the nature and significance of the finding can be determined. With the mitigation measure included under b) below, any impacts on historic resources will be less than significant. Rev 9-16 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 19 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact 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 General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. The following mitigation measures as identified in the FPEIR shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 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 Rev 9-16 P548 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 20 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 the 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 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. e) In conformance with California State Bill (SB) 18, on November 9, 2016 staff sent a Tribal Consultation Request of the proposed project to a list of tribal communities provided by the Native American Heritage Commission. A letter dated December 5, 2016, was received by staff from the Gabrieleno Band of Mission Indians — Kizh Nation requesting that a certified Native American Monitor be on site during any and all ground disturbances. Staff also sent out a Tribal Consultation request in conformance with California Assembly Bill (AB) 52 on February 23, 2017, of the proposed project to the Soboba Band of Luiseno Indians, the San Manuel Band of Mission Indians, the San Gabriel Band of Mission Indians and the Torres Martinez Desert Cahuilla Indians. The City has not been contacted to date in regards to the (AB) 52 notification letter. With the following mitigation measure, impacts to the cultural resources will be less than significant. 3) A Gabrieleno Band of Mission Indians — Kizh Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Rev 9-16 P549 P550 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 21 Issues and Supporting Information Sources:Potentially pp g Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 6. GEOLOGY AND SOILS. Would the project. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. () () () (✓) ii) Strong seismic ground shaking? () () () (✓) iii) Seismic -related ground failure, including liquefaction? () () () (✓) iv) Landslides? () () () (✓) b) Result in substantial soil erosion or the loss of topsoil? () (✓) () ( ) 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 miles north of the site, and the Cucamonga Fault Zone lies approximately 3.5 miles north of the site. These faults are both capable of producing MW 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to MW 7.5 earthquakes is 14 miles northeasterly of the site and the San Andreas, capable of up to MW 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. 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 Rev 9-16 P551 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 22 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less -than -significant levels: 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 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 SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The 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 loamy 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 loamy soil association according to General Plan FPEIR Exhibit 4.7-3. These soils typically have slow to very slow runoff and have a slight hazard of water erosion. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. No adverse impacts are anticipated. 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? () (✓) () ( ) b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ( O (✓) ( ) Rev 9-16 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 23 Comments: a) Regulations and Significance — The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas (GHG) emissions reduction target in Executive Order (EO) S-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009 the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1) that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines 6 key GHGs (carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)). The combined emissions of these well -mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of 3 to 4 degrees Fahrenheit (°F) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State's infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in -State and out -of -State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a qualitative analysis (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana -Arrow Highway station. The Upland station monitors all criteria pollutants except PMio, PM2.5, and SO2 Rev 9-16 P552 Less Than Significant Less Issues and Supporting Information Sources: potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact Comments: a) Regulations and Significance — The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas (GHG) emissions reduction target in Executive Order (EO) S-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009 the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1) that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines 6 key GHGs (carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)). The combined emissions of these well -mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of 3 to 4 degrees Fahrenheit (°F) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State's infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in -State and out -of -State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a qualitative analysis (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana -Arrow Highway station. The Upland station monitors all criteria pollutants except PMio, PM2.5, and SO2 Rev 9-16 P552 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 24 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact which are monitored at the Fontana -Arrow Highway station. The ambient air quality in the project area for CO, NO2, and SO2 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PMto, and PM2.5 levels all exceed State and Federal standards regularly. Project Related Sources of GHG's — Based on the Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to an existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. The City of Rancho Cucamonga has not adopted a threshold of significance for GHG emissions. However, a screening threshold of 3,000 MTCO2e per year is based upon South Coast Air Quality Management District staffs proposed GHG screening threshold for stationary sources emissions for non -industrial projects, as described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans. Project related GHG's would include emissions from direct and indirect sources. Based on the Greenhouse Gas Analysis by Urban Crossroad dated September 30, 2016, total project related emissions would be 980.70 MTCO2eq/year, as shown in the following table: TABLE 3-1: TOTAL PROJECT GREENHOUSE GAS EMISSIONS (ANNUAL) Emission Source Emissions (metric tons per year) CO2 CH4 N2O Total COZE Annual construction -related emissions amortized over 30 years 25.2 4.39E-03 — 25.29 Area 35.98 0.00 6.20E-04 36.23 Energy 209.56 9.09E-03 . 3.13E-03 210.72 Mobile Sources 627.44 0.02 0 627.89 Waste 13.07 0.77 0 29.30 Water Usage 42.66 0.30 0.01 51.27 Total COTE (All Sources) 980.70 Source CalEEMoe model output, See Appendix 3.1 for detailed model outputs. Nate: Totals obtained from CaIEEMod" and may not total 100% due to sounding. Table results include scientific notation. e is used to represent times ten raised to the power of (which would be written as x le) end n followed by the value of the exponent As shown in the table, direct and indirect operational emissions associated with the project as compared to the SCAQMD's interim threshold of significance of 3,000 MTCO2e per year would result in a Tess than significant impact with respect to GHG emissions. Rev 9-16 P553 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 25 Issues and Supporting Information Sources: potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Cumulative Short Term (Construction) GHG Emissions — The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel -powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHG's occur during site preparation including demolition, grading and excavation. Construction related GHG's are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on site. The combustion of fossil - based fuels creates GHG's such as CO2, Ch4, and N2O. CH4 is emitted during the fueling of heavy equipment. Based on the Greenhouse Gas Analysis conducted by Urban Crossroads (September 30, 2016), no significant impacts to GHGs from short-term construction impacts would occur as a result of the project as shown in the table above. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant short-term cumulative impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 5) Construction should be timed so as not to interfere with peak -hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for the construction crew. Cumulative Long Term (Operational) GHG's Emissions — The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off-site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project for "adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that Rev 9-16 P554 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 26 Issues and Supporting Information Sources: potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact technology changes may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold. The project involves the construction of 140 affordable senior apartment units and therefore would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emissions including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARB Scoping Plan mandated under AB 32. The proposed project will incorporate several design features including: water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks. Additionally, the City is participating in the development of a Sustainable Communities Strategy (SCS) with SANBAG for the San Bernardino County area pursuant to Senate Bill (SB) 375. Based on the Greenhouse Gas Analysis conducted by Urban Crossroads (September 30, 2016), no significant impacts to GHGs from long-term, operational impacts would occur as a result of the project as shown in the table above. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant long-term operational impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. Rev 9-16 P555 P556 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 27 • Install solar or light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. b) The project involves the development of 140 affordable senior apartment units, which is consistent with the General Plan. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update includes adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re -use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project includes water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks and therefore is consistent with the sustainability and climate change policies of the General Plan. The. General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant, unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. Based on the Greenhouse Gas Analysis conducted by Urban Crossroads (September 30, 2016), no significant impacts to GHGs from short-term, construction impacts or long-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to GHGs from short-term construction and long-term operational cumulative impacts is also considered minimal. With implementation of the mitigation measures listed in subsection a), less than significant impacts would occur as a result of the project. In addition, the proposed project would not hinder the State's GHG reduction goals established by AB 32 and therefore would be less than a significant impact. Rev 9-16 Less Than S gnificant Less Issues and Supporting Information Sources: Potentially With Than Significant M:f gat on Significant No Impact Ina•rporated Impact impact • Install solar or light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. b) The project involves the development of 140 affordable senior apartment units, which is consistent with the General Plan. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update includes adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re -use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project includes water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks and therefore is consistent with the sustainability and climate change policies of the General Plan. The. General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant, unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. Based on the Greenhouse Gas Analysis conducted by Urban Crossroads (September 30, 2016), no significant impacts to GHGs from short-term, construction impacts or long-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to GHGs from short-term construction and long-term operational cumulative impacts is also considered minimal. With implementation of the mitigation measures listed in subsection a), less than significant impacts would occur as a result of the project. In addition, the proposed project would not hinder the State's GHG reduction goals established by AB 32 and therefore would be less than a significant impact. Rev 9-16 P557 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 28 Issues and Supporting Information Sources: pp g Potentially Significant Impact Less Than Significant cath Mitigation Incorporated Less Than Significant Impact No Impact 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? () () () (✓) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? () () () (✓) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? () () () (✓) 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? () () () V) 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? () () () V) 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 or 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, which is considered a full service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less -than -significant. No adverse impacts are expected. Rev 9-16 P558 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 29 b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive than any other in the 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 approximately 1.3 miles from the nearest existing or proposed school, Carleton P. Lightfoot Elementary School. No impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections 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 not within 2 miles of a public airport. The project site is located approximately 8.5 miles northerly of the Ontario Airport and is offset north of the flight path and is not within the Airspace Protection Area according to the General Plan Figure PS -7 and General Plan FPEIR Exhibit 4.8-1. Development. No impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2 and 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 3 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 wind -driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS -1, no adverse impacts are anticipated. Rev 9-16 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, which 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 approximately 1.3 miles from the nearest existing or proposed school, Carleton P. Lightfoot Elementary School. No impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspections 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 not within 2 miles of a public airport. The project site is located approximately 8.5 miles northerly of the Ontario Airport and is offset north of the flight path and is not within the Airspace Protection Area according to the General Plan Figure PS -7 and General Plan FPEIR Exhibit 4.8-1. Development. No impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2 and 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 3 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 wind -driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS -1, no adverse impacts are anticipated. Rev 9-16 P559 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 30 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant W Mitigation Incorporated Less Than Significant Impact No Impact 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge 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 site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? () () () (✓) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? () () () (✓) f) Otherwise substantially degrade water quality? () (✓) () ( ) g) Place housing within a 100 -year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? () () () (✓) h) Place within a 100 -year flood hazard area structures 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 9-16 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 31 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No 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) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non -storm water discharges to storm sewer systems and other waters of the nation. • Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project's construction contractor will be required to prepare an 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 exhibit, prepared by Modole and Associates, Inc. (February 21, 2017), which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall 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 Rev 9-16 P560 P561 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 32 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) 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. Post -Construction Operational: 6) 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. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizerslpesticides/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. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. Rev 9-16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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) 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. Post -Construction Operational: 6) 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. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizerslpesticides/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. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. Rev 9-16 P562 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 33 c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. 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; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. With implementation of the mitigation measures specified under subsection a), Tess than significant impacts are anticipated. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Modole and Associates, Inc. (February 21, 2017) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g) 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. 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 adequately convey floodwaters from a 100 -year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete -lined channels, and underground storm drains as Rev 9-16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. 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; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. With implementation of the mitigation measures specified under subsection a), Tess than significant impacts are anticipated. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Modole and Associates, Inc. (February 21, 2017) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g) 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. 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 adequately convey floodwaters from a 100 -year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete -lined channels, and underground storm drains as Rev 9-16 P563 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 34 j) 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. 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. 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () Less Than Significant Less (1) Issues and Supporting Information Sources: Potentially with Than (✓) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Significant Mitigation Significant No Impact Incorporated Impact Impact j) 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. 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. 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () (1) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? () () () (✓) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? () () () (✓) Comments: a) The site is located west of Day Creek Boulevard at the terminus of Firehouse Court and is characterized by a multi -use trail and residential development to the north, by land under construction with a commercial center to the south, by a City fire station to the east and by a San Bernardino County Flood Control District maintenance yard to the west. This project will be of similar design and size the City fire station to the east and the commercial center under construction to the south. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Low Medium (LM) District. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, or SCAG's Regional Comprehensive Plan. The project is within the Victoria Community Planned Community which includes a provision that permits an increase in the permitted density by up to 2 density ranges (in this case to either Medium (M) or Medium High (MH) District). The Victoria Community Planned Community also includes a provision to encourage affordable housing by awarding affordable developments with 1 additional unit above the density range for each affordable unit provided. The project is 100 percent affordable and is thus eligible to have a density of up to 48 dwelling units per acres. The proposed density is 35 dwelling units per acre. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC -4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; 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 Rev 9-16 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 35 consistent with the General Plan Land Use Plan (See full discussion and mitigation measures under Biological Impacts). 11. MINERAL RESOURCES. Would the project: () Less Than Significant Less ( ) Issues and Supporting Information Sources: Potentially with Than (✓) 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? Significant Mitigation Significant No d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Impact Incorporated Impact Impact consistent with the General Plan Land Use Plan (See full discussion and mitigation measures under Biological Impacts). 11. MINERAL RESOURCES. Would the project: () (✓) () ( ) a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? () () () (✓) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? () () () (✓) Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure RC -2 and Table RC -1; therefore, there is no impact. 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. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? () (✓) () ( ) b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? () () () (✓) c) A substantial permanent increase in ambient noise 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, would the project expose people residing or working in the project area to excessive noise levels? () () () (✓) Comments: a) Rev 9-16 The project site is within an area of noise levels exceeding City standards according to General Plan Figure PS -9 at build -out. A noise Impact Analysis was prepared for the project by Urban Crossroads (October 20, 2016). The report includes an on and off-site traffic noise analysis, exterior and interior noise analysis and construction noise and vibration analysis. P564 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 36 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact The off-site traffic noise analysis found that the project would increase traffic on the nearest intersections by less than 50 peak hour trips. As a doubling of traffic volumes would be required to generate a 3 dBA increase in noise levels, the project will have a less than significant impact without mitigation. The on-site traffic noise analysis found that that vehicle noise from Day Creek Boulevard and Base Line Road was the principal source of community noise that will impact the project site. The noise analysis shows that the project will satisfy the City's maximum day and nighttime exterior allowable noise levels without mitigation. The interior noise level analysis found that the units facing Base Line Road and Day Creek Boulevard will require a noise reduction of up to 12.9 dBA and a windows closed condition, requiring a means of mechanical ventilation. In order to meet the City's 45 dBA interior noise standard, the project will need to incorporate a number of noise mitigation measures which are outlined below. The construction noise and vibration analysis found that the unmitigated daytime construction activities would satisfy the City's 65 dBA maximum allowable noise level during normal construction times and no additional mitigation measures are necessary. The vibration impacts due to project construction represent temporary perceptible vibration levels which may cause annoyance in residential areas, however, they do not represent levels capable of causing building damage to nearby residential homes. Further, the impacts at the site of the closest sensitive receivers are unlikely to be sustained during the entire construction period, but will occur rather only during the time that heavy construction equipment is operating adjacent to the project perimeter. Construction at the project site will be restricted to daytime hours consistent with City requirements, thereby eliminating potential vibration impacts during sensitive night time hours. The analysis provides several mitigation measures that are included below to further reduce any potential impacts. The project will have a less than significant impact with the mitigation measures outline below. 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 shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers, consistent with manufacturers" standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptor nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site. Rev 9-16 P565 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 37 Issues and Supporting Information Sources: Sany gant Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Interior: 4) All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. 5) All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths inch thick. 6) At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. 7) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one inch thick. Ceilings shall be well fitted, fully sealed gypsum board of a least a rating of R-19 shall be used in the attic space. 8) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and sill receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system shall be proved which satisfies the requirement of the Uniform Building Code. 9) Prior to approval of building permits, a letter from an acoustic engineer shall be submitted verifying conformance to the interior noise mitigation measures. 10) Prior to final approval by the Planning Department, an acoustic engineer shall be submitted verifying implementation of the interior mitigation measures. b) The normal operating uses associated with this type of project normally do not induce ground borne vibrations. With the exterior mitigation measures outlined above, the construction related vibration will be less than significant. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. Because the project will not significantly increase traffic as analyzed in Section 16 Transportation/Traffic; it will likely not increase 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: 11) 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. 12) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as Rev 9-16 P566 P567 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 38 specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 13) 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 but do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 14) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The Project is located approximately 8.5 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. 13. POPULATION AND HOUSING. Would the project: Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than (✓) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Significant Mitigation Significant No c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Impact Incorporated Impact Impact specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 13) 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 but do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 14) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The Project is located approximately 8.5 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. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? () () () (✓) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? () () () V) 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. The project is located in a predominantly developed area and will include the construction of 140 senior apartments. Although the project will increase the population growth in the area there will be a less than significant impact as the project is consistent with the underlying Zoning and General Plan Designation. The density was analyzed as Rev 9-16 P568 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 39 part of the build out in the General Plan FPEIR. Construction activities at the site will be short-term and will not attract new employees to the area. No significant impacts are anticipated. b) Because the property is vacant there will be Therefore no adverse impact is expected. c) Because the property is vacant there will be Therefore no adverse impact is expected. no displacement of housing or people. no displacement of housing or people. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than (✓) b) Police protection? Significant Mitigation Significant No c) Schools? Impact Incorporated Impact Impact part of the build out in the General Plan FPEIR. Construction activities at the site will be short-term and will not attract new employees to the area. No significant impacts are anticipated. b) Because the property is vacant there will be Therefore no adverse impact is expected. c) Because the property is vacant there will be Therefore no adverse impact is expected. no displacement of housing or people. no displacement of housing or people. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () (✓) b) Police protection? () () () (✓) c) Schools? () () () (✓) d) Parks? () () () (✓) e) Other public facilities? () () () (✓) Comments: a) The site, located at the north west corner of Day Creek Boulevard and Base Line Road, would be served by Day Creek Fire Station Number 173, which is located directly adjacent to the project site at 12270 Firehouse Court. 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) The increase in residential units may lead to an increase in calls for service. Although there may be an increase in calls, 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, Ellena Park, is located 1.2 miles from the project site at 7139 Kenyon Way. 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 Rev 9-16 P569 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 40 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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. Additionally, the closest public library, the Paul A. Biane Library, recently completed a second floor addition that added 13,500 square feet of specialized programming space. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. 15. 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, Ellena Park, is located 1.2 miles from the project site at 7139 Kenyon Way. The project is for the development of 140 affordable senior housing units. The project site is zoned Low Medium (LM) District, which is a residential zoning district. The General Plan contemplated the development of residential units at the proposed density on the project site. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. b) See a) response above. Rev 9-16 P570 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 41 Issues and Supporting Information Sources: SignSfi a gnificanny t Impact Less Than Significant Withati Mitigation Incorporated Less Than Significant Impact No Impact 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? () () () (✓) b) Conflict with an applicable congestion management program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? () () () (1) 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? () () () (1) f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. () () () (✓) Comments: a) A Trip Generation Evaluation (Urban Crossroads; September 26, 2016) was submitted for the project. The trip generation rates used for the evaluation were based on information collected by the Institute of Transportation Engineers (ITE), as provided by their Trip Generation manual (9'h Edition, 2012). The ITE Senior Housing land use was utilized to determine trip generation rates and peak hour trip generation. The proposed project is anticipated to generate a net total of approximately 482 trips per day with 28 AM peak hour trips and 35 PM peak hour trips. Rev 9-16 P571 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 42 Issues and Supporting Information Sources: Potenhaiy Significant Impact Less Than Signif.cant With Mitigation Incorporated Less Than Significant Impact No Impact TABLE 1: PROPOSED PROJECT TRIP GENERATION SUMMARY Land Use ITE LU Code Units2 AM Peak Hour PM Peak Hour Senior Housing- Attached In I Out I Total Pro ect Trip Generation Rates' 252 1 DU In I Out I Total Daily 0.07 I 0 13 I 0.20 0.14 1 0.11 0 25 I 3.44 Land Use Quantity Units2 AM Peak Hour PM Peak Hour In I Out Total in Project Trip Generation Summary SeniorHousing- Attached ! 140 I DU 1 10 1 18 I 28 Out 1 Total Daily 20 1 15 1 35 1 482 Trip Genera tion Source Institute of Transportation Engineers(ITE) Trip Generation Manual Ninth Edition (2012). ' DU=Dwelling units The City of Rancho Cucamonga does not maintain their own traffic study guidelines and instead defers to the County of San Bernardino Congestion Management Plan (CMP) traffic study guidelines. The County of San Bernardino CMP requires a traffic study be prepared if a project generates 250 two-way peak hour trips and that expects to add at least 50 peak our trips to a key intersection. As such, no additional analysis is required based on the CMP guidelines, as the project is anticipated to generate fewer than 50 peak hour trips. 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 County of San Bernardino Congestion Management Plan (CMP) estimates that each senior housing unit will generate 35 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 8.5 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. Rev 9-16 P572 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 43 Issues and Supporting Information Sources: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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 during construction and upon completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The design of the project includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction including bicycle parking, direct access to the Pacific Electric multi -use trail, sidewalk access to adjacent commercial centers and a bus stop. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? () () () (✓) b) Require or result in the construction of new water or 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 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 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 buildout of the General Plan. The project is required to meet Rev 9-16 P573 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 44 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. d) The CVWD provides water treatment, storage and distribution of domestic water to Rancho Cucamonga and portions of the cities of Ontario and Fontana, and a tract in Upland. The current daily water usage in the CVWD service area is approximately 41.7 million gallons per day (mgd). Residential water use amounts to about 60 percent of the total water consumed. Landscaping (public and private) is the next largest consumer of water at 20 percent. Under Senate Bill 610 (SB 610), Water Supply Assessments are required for projects that exceed the following sizes: 1) residential development of more than 500 dwelling units; 2) shipping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet; 3) commercial office buildings employing more than 1,000 persons or having more than 250,000 square feet; 4) hotel or motel having more than 500 rooms; 5) industrial, manufacturing, processing plant, or industrial park housing more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet; 6) mixed use project including one or more of the projects specified above; 7) any other project that would demand an amount of water equivalent to or greater than the amount of water required by a 500 -dwelling unit project; and 8) any project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system. Under SB 221, a Water Supply Assessment is required when: 1) A project that is a residential development of more than 500 dwelling units; 2) a project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system; and 3) applies to development agreements that Include such subdivision. The City has determined that the proposed project does not meet one of the requirements; therefore, a Water Supply Assessment is not required. As discussed, 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. No impacts are anticipated. Rev 9-16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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. d) The CVWD provides water treatment, storage and distribution of domestic water to Rancho Cucamonga and portions of the cities of Ontario and Fontana, and a tract in Upland. The current daily water usage in the CVWD service area is approximately 41.7 million gallons per day (mgd). Residential water use amounts to about 60 percent of the total water consumed. Landscaping (public and private) is the next largest consumer of water at 20 percent. Under Senate Bill 610 (SB 610), Water Supply Assessments are required for projects that exceed the following sizes: 1) residential development of more than 500 dwelling units; 2) shipping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet; 3) commercial office buildings employing more than 1,000 persons or having more than 250,000 square feet; 4) hotel or motel having more than 500 rooms; 5) industrial, manufacturing, processing plant, or industrial park housing more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet; 6) mixed use project including one or more of the projects specified above; 7) any other project that would demand an amount of water equivalent to or greater than the amount of water required by a 500 -dwelling unit project; and 8) any project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system. Under SB 221, a Water Supply Assessment is required when: 1) A project that is a residential development of more than 500 dwelling units; 2) a project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system; and 3) applies to development agreements that Include such subdivision. The City has determined that the proposed project does not meet one of the requirements; therefore, a Water Supply Assessment is not required. As discussed, 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. No impacts are anticipated. Rev 9-16 P574 Initial Study for DRC2016-00814 City of Rancho Cucamonga Page 45 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. 18. MANDATORY FINDINGS OF SIGNIFICANCE Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than (✓) 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)? Significant Mitigation Significant No c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Impact Incorporated Impact Impact 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. 18. 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 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. A Biological Resources Assessment was conducted on the project site by LSA on October 27, 2016. The Biological Resources Assessment finds that the project site is highly disturbed and vegetated by hairy yerba santa, poor quality California buckwheat scrub, ruderal vegetation, and a mature Canyon live oak tree in declining health. Impacts to these vegetation communities is are not considered significant. Indirect impacts to surrounding areas as a result of the project may include, but are not limited to, increased dust, noise, lighting, traffic and storm water runoff. Because of the small scale of the project, substantial indirect impacts are not anticipated. The project site is currently surrounded by existing development. Therefore, significant cumulative effects to biological resources as a result of the proposed project are not anticipated. Based on the disturbed habitat conditions, the project is not anticipated to result in any impact to federally or sate listed as endangered or threatened species or to any non -listed special status species. To assure that the burrowing owl and nesting birds have not inhabited the site after the Biological Resources Assessment, a mitigation measure has been added to the Biological Resources. (Section 4) of this study. b) If the proposed project were approved, 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 Rev 9-16 P575 Initial Study for City of Rancho Cucamonga DRC2016-00814 Page 46 Statement of Overriding Considerations for significant adverse environmental effects of build -out in the City and Sphere -of -Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less -than -significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. 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) Victoria Planned Community EIR (Certified May 20, 1981) Technical Appendences (A) Air Quality Impact Analysis (Urban Crossroads; September 30, 2016) (B) Arborist Report (Jim Borer; October 10, 2016) (C) Biological Resources Assessment (LSA; October 27, 2016) (D) Cultural Resources Assessment (LSA, October 2016) (E) Greenhouse Gas Analysis (Urban Crossroads; September 30, 2016) Rev 9-16 P576 Initial Study for City of Rancho Cucamonga DRC2016-00814 Page 47 (F) Noise Impact Analysis (Urban Crossroads; October 20, 2016) (G) Trip Generation Evaluation (Urban Crossroads; September 26, 2016) Rev 9-16 Initial Study for City of Rancho Cucamonga DRC2016-00814 Page 48 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clear' • nificant environmental effects would occur. Applicant's Signature: Print Name and Title: Rev 9-16 P577 Date:'7G7'/ - S j.7 cc /u rapt-tov M_ Cc t- 4 r ce t i it 4(591 c� 01.11, 1- N Q a >0 m 1- J Q 1- z Z G 1- J Y 0 W 1 0 Z ce 0 1- z z 0 E Z 0 H Q H 2 Applicant: National Community Renaissance DRC2016-00814 Project File No.: Date: March 9, 2017 Initial Study Prepared by: Tabe van der Zwaa Sanctions for Non -Compliance NI- N v N N v N N Verified Date /Initials Method of Verification 00 a 0 a 0 a 0 Timing of Verification Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Monitoring Frequency o 0 0 0 0 Responsible for Monitoring o a o a 0 a 0 a 0 m 6 a Mitigation Measures No. / Implementing Action Section 3 — Air Quality 1) All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 4) 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. 5) 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 investi•ated and found to be infeasible for the P578 (0 9- 0 Sanctions for Non -Compliance v N N v N v N v N v N v N v N vi- Verified Date /Initials Method of Verification a a a a a a a a 0 Q Q Timing of Verification Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans Review of Plans During Construction Monitoring Frequency 0 0 m 0 0 0 0 0 0 0 0 Responsible for Monitoring O m 0 m 0 m 0 a 0 m 0 m 0 m 0 m 0 m 0 m BO Mitigation Measures No. / Implementing Action 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. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use 8) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) 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 10) 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 P579 Sanctions for Non -Compliance v v v v v v - Verified Date /Initials Q Q Method of Verification < < < < < < < Timing of Verification During Construction During Construction During Construction During Construction During Construction During Construction During Construction During Construction During Construction Monitoring Frequency Responsible for Monitoring m 0 0 0 mmmmm Mitigation Measures No. / Implementing Action 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 SCAQMD Rule 403 requirements. • Maintain a minimum 24 -inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 12) 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 PMio emissions. 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal load with automated time docks or occupant sensors. 17) Landscape with native and/or drought - resistant species to reduce water consumption and to provide passive solar benefits. P580 CD ,l- 4- 0 - 0 CO 4) m CD a. Sanctions for Non -Compliance -.4- v N v (NI v (NJ .4- co Verified Date /Initials Q Q Method of Verification 0 0 0 0 a Timing of Verification During Construction During Construction Review of Plans Review of Plans Review of Plans t 0 0 a) CC w 0 a) .5 m cX Monitoring Frequency o 0 o 0 o 0 o 0 0 Responsible for Monitoring m 0 m m 0 0 Mitigation Measures No. / Implementing Action 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 19) Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 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. 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. Section 4 - Biological Resources 1) Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Treaty Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non- invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biolo.ist is unable to veri one of the P581 Sanctions for Non -Compliance co Verified Date /Initials Method of Verification 0 Timing of Verification 0 0 0 e[ 45 w .; w CC Monitoring Frequency 0 Responsible for Monitoring 0 CL Mitigation Measures No. / Implementing Action above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 3 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre - construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre- P582 N- 4- 0 - 0 m CL CD C.) L. o ca .Q c E o 0 U cc co 0 v)z P o 15 14 O 2 rD 2> O C '3 a) N a) E '' a u)• a) E "_ T a) a) 8O (0 .c n E u) a a) (6 a) "0 u) (u a) u) +: .fl ° +--' L -° O a) O _ 3 O L fA Oco ° 4) L O (0 >, .c Q1 uJ 7 L- 0) >. ( - .� (>p Q) N U '- C (0 a r �' O (0• c ▪ L •` cal p a~ °. L . C a) L O> c V) 0 C u) c a) >, c ch �O 0) y E ca a a) C „_ > p 3 () a a) a) E O o 0 c O -0 M a) v. O (`a C a) n.c p (0 Q -p O c c 0 c t = O r� ° N 7 O (0 3 CO 7 '� O C= O p O O c N M 13 M •c N N_c I a✓ `) ,9 -0 3 �. E �� c o (n E = o o co c o'er (n n— c E oc- �};a a) > co m U c O O m • L L u) U U la 7 uj on w L° O C C N °'!.aL�,nE1,°5 `ova �- p3xo ° v�oa) p 5"13 g). 0V� o}tea} `>, mmeac)ca°a)� 'nQ>c° camo_a?L a ° E `° � cco (°u E '- a) a) = • . -o o c >, a) 0 ° c L a) O cn a) n c a- (13 m >; a L _ (n 2 w o co m c a y 3 •Q i- — �.•. N p) O CO 7 Li L U a)o C a O O L 7 c= }' _C _ o U N E C L 7 7 ... 3 0 >> C U N c .r U"` p 7` ._. Q1 (0 p .� to Y a U C V - O (0 +-� N U a r•. O .n a' a) 0 0 a •- U "0 3 •> U C >' pCac�� a)� c�a., Inx� 3 • Ya)pUo'(oNo o. U . a) a) a) 8 c ri `° m E a) °a ° rnaa m En u c °- s a`) c`n ° (o U mL o0 a)' > n� c 0-D 3'N mo a) _ x u) L O a) 0 �` N a +� 7 O- C 'rc--.O N N a) a L co '`• L U) 0) a) ° ui -° (o 0 U O -o (0 L -o U O U Y O ° 0)m �. Qa u) L o,E 3' 0,3 3 ° c 0) `n rn� O o o a) m may- c v, m� m o� N c o c oa o =--- 2 c 2a a a)'E aa) Q`=} a)n C > O 0 W U a) 4) 'c a c 'c i.. a) �- U (0 O 'c .O O .'� (0 > E N v) > C cp) "0 U- c.0 a 0 0 o) 0 N n 0 U) _a c la .=n a .fl U O' 0 0 0 LLL (c0 .n 0 .c 0 0 c L 0 • • 583 C0 4- 0 C° a) 0) CL Sanctions for Non -Compliance v M v co v co v M v N I v M Verified Date /Initials Method of Verification a 0 0 a s 0 Timing of Verification Plan Check Review of Report Review of Report Review of Report O .0 o.1 1.- 0 N :_. C U m 2 mai Q' coo Review of Report Monitoring Frequency 0 0 0 0 0 m 0 Responsible for Monitoring 0 a PD/BO PD/BO PD/BO 0 a 0 a Mitigation Measures No. / Implementing Action 3) A 70 -inch box size Canyon live oak shall be planted on the project site to the west of the existing Canyon live oak tree to be removed. Section 5 — Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archeological sites, capping or covering site with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed 584 Sanctions for Non -Compliance V co co T' Verified Date /Initials Method of Verification a a a 0 0 a Timing of Verification 0 0 a) CC 45 a) .; 0 CC Review of Report Review of Report Review of Report Review of Report Review of Report Monitoring Frequency m m 0 m 0 0 m Responsible for Monitoring 0 a. 0 a 0 m 0 a. 0 a_ 0 a Mitigation Measures No. / Implementing Action report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (Le. 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 to the report to San Bernardino County Museum. 3) A Gabrieleno Band of Mission Indians — Kizh P585 Sanctions for Non -Compliance v v v v v .4- Verified Date /Initials Method of Verification < Q Q Q Q Q Q Timing of Verification During Construction During Construction During Construction During Construction During Construction During Construction Monitoring Frequency U U U U U U Responsible for Monitoring m m m m 0 m Mitigation Measures No. / Implementing Action Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Section 6 — Geology and Soils 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMio emissions, in accordance with SCAQMD Rule 403 or re- planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PMio 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 PMio 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 PMio emissions. Section 7 — Greenhouse Gas Emissions Short Term (Construction) GHG Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low - emission factors and high energy efficiency and submit a statement on the grading plan P586 ID r- 4- 0 - 0 0) a) 0) 0 a Sanctions for Non -Compliance - . 'ct N Verified Date /Initials Method of Verification < < < < 0 Q C w. 0 O 1 En v E�, H> During Construction During Construction During Construction During Construction During Construction c 0 U 7 .r � c 0 0 rn '= 0 Monitoring Frequency 0 0 0 0 Q 0 Responsible for Monitoring BO OO m BO m O m 0 m Mitigation Measures No. / Implementing Action that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 5) Construction should be timed so as not to interfere with peak -hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. Long Term (Operational) GHG Emissions 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems . • Install light colored "cool" roofs and cool pavements. • Install solar or li•ht emittin• diodes 587 (.0 O 0 1- 0.1) 0) ca a. Sanctions for Non -Compliance N N v N Verified Date /Initials Method of Verification 0 0 0 Timing of Verification c O U 7 N C O 0 rn c .c 0 Review of Plans Review of Plans Monitoring Frequency Q Q 0 U m Responsible for Monitoring o m w 0 p m Mitigation Measures No. / Implementing Action (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Section 9 — Hydrology and Water Quality Construction Activities 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 588 CD •- 4- 0 - O T- U) 0) co 0 Sanctions for Non -Compliance v N v N N v N Verified Date /Initials Method of Verification UU Z a 0 a 0 a Timing of Verification tn cc to FL o 3 a) a) CC Review of Plans Review of Plans to co If 0 3 a) a) tY Monitoring Frequency 6 U m 0 U m B/C/D 0 U m Responsible for Monitoring O m O m O m O m Mitigation Measures No. / Implementing Action 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) 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. Post -Construction Operational P589 Page 12 of 16 Sanctions for Non -Compliance v N N N d' Verified Date /Initials Method of Verification C.) a a Timing of Verification cn co 46 33 a) a) co co EL - 75 0 a) a) Review of Plans Review of Plans Review of Plans Monitoring Frequency 0 U m 0 U m 0 U m m m Responsible for Monitoring oO m m O m PD/BO O m Li a Mitigation Measures No. / Implementing Action 6) 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. 1 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (name/date) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Section 12 - Noise L. 0 a) W 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) During all project site construction, the P590 Page 13 of 16 Sanctions for Non -Compliance N N N N N Verified Date /Initials Method of Verification Q 0 Q Q Q Q Q Timing of Verification Review of Plans During Construction During Construction During Construction During Construction During Construction Monitoring Frequency CO 0 0 0 0 0 Responsible for Monitoring PD/BO 0 0 0 0 0 Mitigation Measures No. / Implementing Action construction contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers, consistent with manufacturers" standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptor nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site. Interior 4) All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. 5) All exterior doors shall be well weather- stripped solid core assemblies at least one and three-fourths inch thick. 6) At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. 7) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one inch thick. Ceilings shall be well fitted, fully sealed gypsum board of a least a rating of R- 19 shall be used in the attic space. 8) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and sill receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system shall be proved which satisfies the requirement of the Uniform Building Code. 591 Sanctions for Non -Compliance N N v- N I Tr Verified Date /Initials Method of Verification < < < < < < Timing of Verification During Construction During Construction During Construction C 0 0 7 n N c 0 0 0) c .` 0 During Construction During Construction Monitoring Frequency 0 0 0 0 0 0 f Responsible for Monitoring 0 a 0 0 m 0 m 0 a 0 m 0 a Mitigation Measures No. / Implementing Action 9) Prior to approval of building permits, a letter from an acoustic engineer shall be submitted verifying conformance to the interior noise mitigation measures. 10) Prior to final approval by the Planning Department, an acoustic engineer shall be submitted verifying implementation of the interior mitigation measures. 11) 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. 12) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction' activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 13) The perimeter block wall shall be constructed as early as possible in the first phase. 14) 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 develo•er shall •re•are a noise miti•ation 592 CO 4- 0 L() r a) 0) ca 0 Key to Checklist Abbreviations P593 Page 16 of 16 CALIFORNIA ia`f'si+ a;'` WILDLIFE 4111 State of California Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE Inland Deserts Region + 3602 Inland Empire Boulevard, Suite C-220 Ontario, CA 91764 Sacramento, CA 95814 www.wildlife.ca.gov May 10, 2017 Sent via email Mr. Tabe van der Zwaag City of Rancho Cucamonga Planning Department PO Box 807 Rancho Cucamonga, CA 91729 tabe.vanderzwaaq© cityofrc.us EDMUND G. BROWN JR.,_ Governor CHARLTON H. BONHAM, Director Subject: Initial Study with Proposed Mitigated Negative Declaration Day Creek Senior Villas Project State Clearinghouse No. 2017041029 Dear Mr. van der Zwaag: The Department of Fish and Wildlife (Department) appreciates the opportunity to comment on the Initial Study and proposed Mitigated Negative Declaration (IS/MND) for the Day Creek Senior Villas Project (project) [State Clearinghouse No. 2017041029]. The Department is responding to the IS/MND as a Trustee Agency for fish and wildlife resources (California Fish and Game Code Sections 711.7 and 1802, and the California Environmental Quality Act [CEQA] Guidelines Section 15386), and as a Responsible Agency regarding any discretionary actions (CEQA Guidelines Section 15381), such as the issuance of a Lake or Streambed Alteration Agreement (California Fish and Game Code Sections 1600 et seq.) and/or a California Endangered Species Act (CESA) Permit for Incidental Take of Endangered, Threatened, and/or Candidate species (California Fish and Game Code Sections 2080 and 2080.1). The project proposes the development of a 140 -unit multiple -family housing project on four acres located west of Day Creek Boulevard, at the terminus of Firehouse Court in the City of Rancho Cucamonga, County of San Bernardino; within Assessor Parcel Number (APN): 1089-031-36. COMMENTS AND RECOMMENDATIONS The Department has jurisdiction over the conservation. protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of those species (i.e., biological resources); and administers the Natural Community Conservation Planning Program (NCCP Program). The Department offers the comments and recommendations presented below to assist the City of Rancho s/sy pc EXHIBIT M nserting California's Wildlife Since 1870 01.1 C4 -F �~ P594 P595 Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 2 Cucamonga (City; the CEQA lead agency) in adequately identifying and/or mitigating the project's significant, or potentially significant, impacts on biological resources. Biological Resources and Impacts Following review of the IS and MND, the Department is concerned by the lack of biological analysis included in the IS, and recommends that the IS and MND be revised to include a thorough and detailed analysis of the project's potential impacts on biological resources, and recirculated for further public review pursuant to CEQA Guidelines section 15073.5. We offer the comments and recommendations presented below to assist the City in adequately identifying and mitigating the project's significant, or potentially significant, impacts on biological resources: Special Status Wildlife Species The IS identifies several special -status wildlife species with potential to occur on the project site, including Coast horned lizard, northwestern San Diego pocket mouse, and San Diego desert woodrat, but states that there is a low likelihood for these species to occur due to the habitat conditions on site. The IS further states that no small mammal burrows were observed on site. Given that the LSA letter report "Results of Biological Resources Assessment Survey for the Day Creek Villas Affordable Senior Apartments Project (LSA Project No. NCO1601)" dated October 27, 2016, states that the general biological resources survey was conducted for a total period of only 50 minutes (between 11:30 AM and 12:20 PM on October 19, 2016) the Department questions the adequacy of the pedestrian survey and whether the entire project site was appropriately assessed for the presence of sensitive species. The Department is also concerned that the IS fails to identify the potential for Los Angeles pocket mouse (LAPM) to occur onsite, particularly as the United States Fish and Wildlife Service has documented the occurrence of LAPM within close proximity to the project site. Given the limited assessment completed onsite, and the documented occurrence of LAPM within close proximity, the Department recommends the completion of focused special -status species surveys, including small mammal trapping surveys. A 50 -minute walk -over of a project site does not represent an adequate biological assessment, and the Department is concerned with the City's determination that no focused surveys are warranted. The Department requests that appropriate focused, species-specific surveys be conducted prior to recirculation of the CEQA document, and that the revised and recirculated document include the survey results. The revised document should also contain a thorough and detailed analysis of the project's potential direct, indirect, and cumulative impacts on biological resources, and appropriately specific, adequate, feasible, and enforceable mitigation measures to reduce the potential impacts to a level that is less than significant. To assist with review, an accompanying map or maps showing the areas of impact and any proposed mitigation locations should also be included. If special -status species are discovered on-site, the Department is available to Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 3 assist the City in identifying appropriate mitigation measures prior to recirculating the CEQA document. Special Status Plant Species The IS also identifies special status plant species with potential to occur on the project site, including Parry's spineflower and mesa horkelia. However, despite the identification of suitable vegetation and/or soils, focused botanical surveys of the project area were not completed. Instead, the IS/MND concludes that because the site is disturbed, there is a low likelihood of these species being present. The LSA letter report (page 5) also concludes that "due to the small size of the proposed project site, existing disturbances, and proximity to surrounding development, impacts to these sensitive species are not considered significant." Because the IS/MND fails to fully evaluate the potential presence of these species within the project area, the Department finds the City's aforementioned conclusions to be flawed. Further, mesa horkelia, and Parry's spineflower are listed as California Native Plant Society (CNPS) 1 B.1 species, meaning that they are seriously endangered in California. The CNPS states that CNPS 1 B.1 species "meet the definitions of the California Endangered Species Act of the California Department of Fish and Game Code, and are eligible for state listing. Impacts to these species or their habitat must be analyzed during preparation of environmental documents relating to CEQA, or those considered to be functionally equivalent to CEQA, as they meet the definition of Rare or Endangered under CEQA Guidelines §15125; (c) and/or §15380." In order to provide a complete description of the baseline condition of the project area the Department recommends that focused surveys following the Department's 2009 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Communities be conducted during the appropriate times of year, and that the results of this assessment be included in the CEQA document prior to adoption of the MND. If special -status plant populations are observed, the MND should include appropriate avoidance, minimization, and/or mitigation measures to address potential impacts. Alluvial Scrub Habitat The LSA letter report states that the project site supports two primary vegetation communities, one of which includes the presence of scale broom (Lepidospartum squamatum). The letter report, however, incorrectly classifies the community as California buckwheat scrub. Sawyer et al. (2009) has categorized vegetation communities with the presence of >1 % cover of Lepidospartum squamatum as scale broom scrub. Based on the presence of scale broom within the project site the Department has determined that this vegetation community is likely classified as Lepidospartum alliance, and not Buckwheat scrub. Scale broom scrub has an overall rarity ranking of G3 S3, with some associations within the scale broom scrub alliance P596 P597 Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 4 (Le., Riversidean alluvial fan sage scrub) as rare as G1 S1.1. The Department considers all associations with state ranks of S1 -S3 to be highly imperiled. Based on cumulative impacts within the immediate vicinity of this project site (APN 1089-031-37 [10.18 acres], located immediately south is currently under development; and APN 1090-331-05 [31.99 acres] located south of Base Line Road is proposed for development under the City's "Day Creek Square" project [SCH No. 2017051019]), the Department considers the removal of up to 4 acres of alluvial fan scale broom scrub to be a significant impact (the LSA letter report fails to quantify the acreage of Lepidospartum alliance). In order to reduce the impacts to alluvial fan scale broom scrub to a level that is less than significant, the Department recommends that the City require the project proponent to purchase, conserve in perpetuity, and enhance/restore similar habitat within the watershed. While the amount (acreage) of habitat that is appropriate will vary based on the location of the proposed mitigation area, the amount and type of enhancement and/or restoration proposed, and whether (a) the project site and (b) the proposed mitigation site is occupied by special -status species, the Department recommends that the mitigation site include no less than twelve acres of alluvial fan scale broom scrub. A higher acreage may be warranted if the proposed mitigation site requires little enhancement, is located far away from the project site (i.e., within a separate watershed), is not occupied by or available to special status species, and/or possesses other attributes that diminish its long term conservation value. The Department is available to assist the City in evaluating the proposed mitigation prior to the document's recirculation. Lack of City Mitigation Strategy/Conservation Program The Department is concerned by the cumulative impacts to Lepidospartum alliance habitat and associated species assemblages within the City's sphere of influence. Urban development has resulted in alluvial sage scrub to become eliminated or isolated to stands along streams and outwashes on major alluvial fans throughout much of Rancho Cucamonga. Even degraded or isolated patches of alluvial scrub vegetation still retain a distinct characteristic given their relation to flood -deposited alluvia and the species associated with this habitat type. Multiple species occurrences have been mapped within this habitat type in Rancho Cucamonga using GIS by the United States Fish and Wildlife Service (USFWS). The database was initially created to map locations of federally threatened and endangered species which require a survey report under Section 10 of the Endangered Species Act. Recently, the database has been expanded to include a few other species of interest, including the Los Angeles pocket mouse, a California Species of Special Concern (CSSC). Section § 15380 of the CEQA Guidelines clearly indicates that species of special concern should be included in an analysis of project impacts. Using the USFWS GIS data, it was determined that since 1997, 19 known LAPM occurrences have been recorded within the Day and Etiwanda Creek watershed between Interstate 10 and Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 5 Wilson Avenue. Of the 19 sites, 14 have been developed, one (1) is proposed for commercial buildings, and three (3) remain open space but may have various maintenance commitments (e.g. Burlington Northern, Southern California Edison, and San Bernardino County Flood Control District). The MND does not include survey data indicating whether the above -listed species occurs on-site, an analysis of the number of individuals expected to occupy the site, or an estimation of the local and regional population of the species. Focused species- specific surveys, completed by a qualified biologist and conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Please provide a cumulative effects analysis developed as described under CEQA Guidelines § 15130 and if appropriate, a detailed mitigation proposal to offset the temporal, permanent, and cumulative impacts to this species. The Department also recommends expanding the cumulative effects analysis to include impacts to Lepidospartum alliance habitat within the City's sphere of influence. Finally, the Department recommends that the City develop and implement a comprehensive mitigation/conservation strategy as soon as possible to offset the continuing loss of these sensitive public trust resources. Department Conclusions and Further Coordination The Department appreciates the opportunity to comment on the IS/MND for the City Creek Senior Villas Project (SCH No. 2017041029), and we request that the City of Rancho Cucamonga address the Department's comments and concerns prior to adoption of the MND. If you should have any questions pertaining to the comments provided in this letter, please contact Joanna Gibson at (909) 987-7449 or at joanna.gibson@wildlife.ca.gov. Sincerely, e a Nair Regional Manager Literature Cited Sawyer, J. O., T. Keeler -Wolf, and J. M. Evens. 2009. A manual of California Vegetation, 2nd ed. California Native Plant Society Press, Sacramento, California. http://vegetation.cnps.orgi P598 LSA MEMORANDUM DATE: To: FROM: SUBJECT: May 17, 2017 Tabe Van Der Zwaag, City of Rancho Cucamonga Claudia Bauer, LSA Response to California Department of Fish and Wildlife Comments on the Initial Study/Mitigated Negative Declaration Day Creek Senior Villas Project State Clearinghouse No. 2017041029 P599 BERKELEY CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO The following provides responses to comments received from the California Department of Fish and Wildlife (CDFW) in a letter dated May 10, 2017, addressed to the City of Rancho Cucamonga (City.) CDFW Comment 1. Sensitive Plant and Animal Species. The Initial Study (IS) identifies several special -status wildlife species with potential to occur on the project site, including Coast horned lizard, northwestern San Diego pocket mouse, and San Diego desert wood rat, but states that there is a low likelihood for these species to occur due to the habitat conditions on site. The IS further states that no small mammal burrows were observed on site. Given that the LSA letter report "Results of Biological Resources Assessment Survey for the Day Creek Villas Affordable Senior Apartments Project (ISA Project No. NC01601 )"dated October 27, 2016, states that the general biological resources survey was conducted for a total period of only 50 minutes (between 11 :30 AM and 12:20 PM on October 19, 2016) the Department questions the adequacy of the pedestrian survey and whether the entire project site was appropriately assessed for the presence of sensitive species. The Department is also concerned that the IS fails to identify the potential for Los Angeles pocket mouse (LAPM) to occur onsite, particularly as the United States Fish and Wildlife Service has documented the occurrence of LAPM within close proximity to the project site. Given the limited assessment completed onsite, and the documented occurrence of LAPM within close proximity, the Department recommends the completion of focused special -status species surveys, including small mammal trapping surveys. A 50 -minute walk -over of a project site does not represent an adequate biological assessment, and the Department is concerned with the City's determination that no focused surveys are warranted. The Department requests that appropriate focused, species-specific surveys be conducted prior to recirculation of the CEQA document, and that the revised and recirculated document include the survey results. The revised document should also contain a thorough and detailed analysis of the project's potential direct, indirect, and cumulative impacts on biological resources, and appropriately specific, adequate, feasible, and enforceable mitigation measures to reduce the potential impacts to a level that is less than significant. To assist with review, an accompanying map or maps showing the areas of impact and any proposed mitigation locations should also be included. If special -status species are discovered on-site, the Department is available to assist the City in identifying appropriate mitigation measures prior to recirculating the CEQA document. 5 -/iii PC EXHIBIT N venue, Suite 200, Riverside, California 92507 951.781.9310 www.lsa.net LSA The IS also identifies special status plant species with potential to occur on the project site, including Parry's spineflower and mesa horkelia. However, despite the identification of suitable vegetation and/or soils, focused botanical surveys of the project area were not completed. Instead, the IS/MND concludes that because the site is disturbed, there is a low likelihood of these species being present. The LSA letter report (page 5) also concludes that "due to the small size of the proposed project site, existing disturbances, and• proximity to surrounding development, impacts to these sensitive species are not considered significant." Because the IS/MND fails to fully evaluate the potential presence of these species within the project area, the Department finds the City's aforementioned conclusions to be flawed. Further, mesa horkelia, and Parry's spineflower are listed as California Native Plant Society (CNPS) 1 B.1 species, meaning that they are seriously endangered in California. The CNPS states that CNPS 1 B.1 species "meet the definitions of the California Endangered Species Act of the California Department of Fish and Game Code, and are eligible for state listing. Impacts to these species or their habitat must be analyzed during preparation of environmental documents relating to CEQA, or those considered to be functionally equivalent to CEQA, as they meet the definition of Rare or Endangered under CEQA Guidelines §15125; (c) and/or §15380." In order to provide a complete description of the baseline condition of the project area the Department recommends that focused surveys following the Department's 2009 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Communities be conducted during the appropriate times of year, and that the results of this assessment be included in the CEQA document prior to adoption of the MND. If special -status plant populations are observed, the MND should include appropriate avoidance, minimization, and/or mitigation measures to address potential impacts. Response. LSA maintains that the habitat on site is considered to be of low value for the subject species because the site is small in size (4 acres), has previously been subjected to onsite activities resulting in the degradation of native vegetation diversity and quality, and is isolated from other similar habitats in the region as a result of extensive surrounding development. Review of historical aerials from as early as 2004 (Google Earth) shows the site has intermittently been subjected to repeated ground disturbance and clearing of vegetation, and is isolated from fluvial events as a result of development and the channelization of Day Creek. As a result, native vegetation diversity has been altered. A re-evaluation of the project site was conducted by LSA Senior Biologist/Botanist, Stanley Spencer on May 12, 2017 between the hour of 8:30 am and 12:30 pm. During the site visit, Mr. Spencer conducted a focused rare plant survey for listed species and bloom periods. No sensitive plant species were observed and considered absent from the project site. Mr. Spencer also searched for sensitive animal species. No sensitive animal species or small mammal burrows were observed. However, because a trapping study and focused survey for other sensitive species (e.g., Coast horned lizard) were not conducted, a few individual sensitive animal species may occur on the project site. 5/17/17 )R:\NCO1601\Response to Comments\Response to Comments CDFW 051017_revised 051717_final.docx) 2 P600 LSA Although a few individual sensitive animal species may occur on the project site, the project site would not support their long term, continued existence because habitat on site is considered to be of low value for the sensitive species due to the reasons described above and as detailed in the response to the following comment below. Therefore, potential impacts to sensitive animal species are not considered significant under CEQA. Please note, in most cases it is not standard practice to estimate specific numbers of individuals of lower level special -status species in CEQA documents. Such estimates are sometimes, but not always made for listed or endangered species, or some plant populations where it is practical to generate that information. Furthermore, it is not necessary or particularly helpful to provide such detailed information to decision makers in cases such as this one. The description provided in this case is considered adequate. Existing and developing regional habitat conservation plans including the Upper Santa Ana River Wash Habitat Conservation Plan, North Fontana Interim MSHCP Policy and other local conservation and preservation plans (e.g., City of Rancho Cucamonga General Plan) are designed for the long- term conservation of these and other species associated with viable RASS habitat. CDFW Comment 2. Impacts to Sensitive Natural Communities [Alluvial Fan Sage Scrub] and Lack of City Mitigation Strategy/Conservation Program. The LSA letter report states that the project site supports two primary vegetation communities, one of which includes the presence of scale broom (Lepidospartum squamatum). The letter report, however, incorrectly classifies the community as California buckwheat scrub. Sawyer et al. (2009) has categorized vegetation communities with the presence of >1 % cover of Lepidospartum squamatum as scale broom scrub. Based on the presence of scale broom within the project site the Department has determined that this vegetation community is likely classified as Lepidospartum alliance, and not Buckwheat scrub. Scale broom scrub has an overall rarity ranking of G3 S3, with some associations within the scale broom scrub alliance (i.e., Riversidean alluvial fan sage scrub) as rare as G1 S1 .1. The Department considers all associations with state ranks of 51-53 to be highly imperiled. Based on cumulative impacts within the immediate vicinity of this project site APN 1089-031-37[10.18 acres], located immediately south is currently under development; and APN 1090-331-05 [31.99 acres] located south of Base Line Road is proposed for development under the City's "Day Creek Square" project [SCH No. 2017051019]), the Department considers the removal of up to 4 acres of alluvial fan scale broom scrub to be a significant impact (the LSA letter report fails to quantify the acreage of Lepidospartum alliance). In order to reduce the impacts to alluvial fan scale broom scrub to a level that is less than significant, the Department recommends that the City require the project proponent to purchase, conserve in perpetuity, and enhance/restore similar habitat within the watershed. While the amount (acreage) of habitat that is appropriate will vary based on the location of the proposed mitigation area, the amount and type of enhancement and/or restoration proposed, and whether (a) the project site and (b) the proposed mitigation site is occupied by special -status species, the Department recommends that the mitigation site include no less than twelve acres of alluvial fan scale broom scrub. A higher acreage may be warranted if the proposed mitigation site requires little 5117/17 (Ft \NCO16o1\Response to Comments\Response to Comments_CDFW_051017_revised 051717_flnal.doci 3 P601 LSA enhancement, is located far away from the project site (i.e., within a separate watershed), is not occupied by or available to special status species, and/or possesses other attributes that diminish its long term conservation value. The Department is available to assist the City in evaluating the proposed mitigation prior to the document's recirculation. The Department is concerned by the cumulative impacts to Lepidospartum alliance habitat and associated species assemblages within the City's sphere of influence. Urban development has resulted in alluvial sage scrub to become eliminated or isolated to stands along streams and outwashes on major alluvial fans throughout much of Rancho Cucamonga. Even degraded or isolated patches of alluvial scrub vegetation still retain a distinct characteristic given their relation to flood -deposited alluvia and the species associated with this habitat type. Multiple species occurrences have been mapped within this habitat type in Rancho Cucamonga using GIS by the United States Fish and Wildlife Service (USFWS). The database was initially created to map locations of federally threatened and endangered species which require a survey report under Section 10 of the Endangered Species Act. Recently, the database has been expanded to include a few other species of interest, including the Los Angeles pocket mouse, a California Species of Special Concern (CSSC). Section § 15380 of the CEQA Guidelines clearly indicates that species of special concern should be included in an analysis of project impacts. Using the USFWS GIS data, it was determined that since 1997, 19 known LAPM occurrences have been recorded within the Day and Etiwanda Creek watershed between Interstate 10 and Wilson Avenue. Of the 19 sites, 14 have been developed, one (1) is proposed for commercial buildings, and three (3) remain open space but may have various maintenance commitments (e.g. Burlington Northern, Southern California Edison, and San Bernardino County Flood Control District). The MND does not include survey data indicating whether the above -listed species occurs on-site, an analysis of the number of individuals expected to occupy the site, or an estimation of the local and regional population of the species. Focused species specific surveys, completed by a qualified biologist and conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Please provide a cumulative effects analysis developed as described under CEQA Guidelines§ 15130 and if appropriate, a detailed mitigation proposal to offset the temporal, permanent, and cumulative impacts to this species. The Department also recommends expanding the cumulative effects analysis to include impacts to Lepidospartum alliance habitat within the City's sphere of influence. Finally, the Department recommends that the City develop and implement a comprehensive mitigation/conservation strategy as soon as possible to offset the continuing loss of these sensitive public trust resources. Response. As originally determined during the field visit in October 2016, and subsequently reconfirmed during the May 12, 2017 site revisit, hairy yerba santa (Eriodictyon trichocalyx) and California buckwheat (Eriogonum fasciculatum) are the dominant plant species occurring on the proposed project site. This can be attributed to historical disturbances occurring onsite as well as related to surrounding development, isolation from larger blocks of native habitat, and the lack of active soil transport on the site. Neither of these dominant plant species is intrinsically rare or valuable. 5/17/17 (R:\NCO1601\Response to Comments\Response to Comments CDFW 051017_revised 051717_final.docx) 4 P602 LSA Vegetation mapping concluded that the four acre project site consists of 2.6 acres of California Buckwheat scrub, 0.8 acre of hairy yerba santa, and a mature canyon live oak occupying 0.12 acre. Individual scalebroom (Lepidospartum squamatum) were noted and mapped on the site during the May 2017 site revisit. Scalebroom was associated within the hairy yerba santa vegetation on the project site. Cumulatively, the scalebroom population equates to approximately 0.025 acres, or 0.7% of the vegetative cover onsite. Scalebroom cover within the stand of yerba santa is 2.1%. The Scale broom Alliance is described as a vegetation community where "Lepidospartum squamatum is dominant, co -dominant, or conspicuous in the shrub canopy...". Compared to hairy yerba santa and disturbed buckwheat scrub, scale broom is not dominant, co -dominant, or conspicuous in the shrub canopy within the study area, as required by the Scale broom Shrubland Alliance Species Characteristics defined by Sawyer et al. (2009). Additionally, the membership rule for Scale broom scrub (Lepidospartum squamatum) Shrubland Alliance has been defined as vegetation communities with the presence of >1 % cover of Lepidospartum squamatum in alluvial environments. Although scale broom occupies approximately 2% of the vegetation cover within the stand of yerba santa (but not within the buckwheat scrub or the overall vegetation), and alluvial soils are present within the study area, the site is highly disturbed and isolated from the larger, functioning alluvial floodplain. As a result, the site is not a functioning alluvial ecosystem. Further, the lack of alluvial habitat functionality is evident in the overall quality and health of the scale broom observed onsite, as a majority of the plants were found to be in a declining state with dead or dying branches. Subsequently, LSA maintains the habitat onsite is best categorized as a monotypic stand of hairy yerba santa and as California buckwheat scrub (Eriogonum fasciculatum Shrubland Alliance). Due to the reasons discussed above, the hairy yerba santa and California buckwheat scrub habitats found on site are not considered suitable for the long term preservation of the non -listed sensitive species discussed in the response to Comment 1 above. Again, the habitat found onsite lacks connectivity with Alluvial Fan Sage Scrub habitat in the region by extensive development, and preservation of the habitat on this site would not contribute to the conservation effort of larger blocks of Alluvial Fan Sage Scrub habitat in the region. Thus, impacts to the habitats and any associated special status species potentially present, are not considered significant under CEQA. 5/17/17 (R:\NCO1601\Response to Comments \Response to Comments_CDFW_051017_revised 051717_final.docx) 5 P603 P604 RESOLUTION NO. 17-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2016-00964, A REQUEST TO MODIFY GENERAL PLAN FIGURE LU -8 RELATED TO THE REMOVAL OF THE HISTORIC RESOURCE DESIGNATION OF AN ON-SITE TREE RELATED TO THE ARCHITECTURAL REVIEW OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of General Plan Amendment DRC2016-00964, as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and continued the hearing to May 24, 2017. 3. On the 24th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted the hearing on the application and concluded the hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on May 10 and May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan ; to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial ATTACHMENT 2 PLANNING COMMISSION RESOLUTION NO. 17-29 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 2 center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and c. The applicant is requesting to develop a 140 -unit affordable rental senior housing project on 4 acres of land; and d. A large specimen Canyon Live Oak tree is located at the southeast corner of the site that was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. Removal of the tree requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965); and e. 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. The proposed General Plan Amendment will amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource. The subject tree was designated a Historic Landmark on October 21, 1987. The condition of the tree has since declined to a point where it cannot be preserved; and f. This amendment does promote the goals and objectives of the General Plan Land Use Element. The subject General Plan Amendment is to amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource and will not impact the goals and objectives of the General Plan. g. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. The amendment is to remove a tree from General Plan Figure LU -8 (Historic Resources) that was given Historic Landmark Designation due to decline of the tree. The subject tree will be replaced with a large specimen tree of the same species in close proximity to the location of the existing tree. 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 subject property is suitable for the uses permitted in the proposed district in terms of access, size and compatibility with the existing land uses in the surrounding area. The proposed amendment will not change the land use designation of the project site. The subject General Plan Amendment will amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the declining health of the tree. b. The proposed amendment would not have significant impacts on the environment nor the surrounding properties. The amendment will not have significant impact on the environment as it is to amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the declining health of the tree. A replacement tree of the same species will be planted on the project site to replace the removed tree. P6O5 PLANNING COMMISSION RESOLUTION NO. 17-29 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 3 c. The proposed amendment meets the goals and policies of the General Plan. The amendment will not impact the goals and policies of the General Plan as it is to amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the decline of the tree. A replacement tree of the same species will be planted on the project site to replace the removed tree. 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 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 recommends that the City Council adopt the Mitigated Negative Declaration prior to approving the requested General Plan Amendment. 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends that the City Council approve the General Plan Amendment application as shown in Attachment "A" subject to each and every condition set forth below. P6O6 P6O7 PLANNING COMMISSION RESOLUTION NO. 17-29 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 4 Planning Department 1) Approval is for General Plan Amendment DRC2016-00964, to amend General Plan Figure LU -8, to remove the subject Canyon Live Oak tree from this figure due to the condition of the tree related to the development of a 140 unit affordable senior housing project for a site located the terminus of Firehouse Court and west of Day Creek Boulevard. APN: 1089-031-36. 2) Approval for General Plan Amendment DRC2016-00964 is contingent upon Planning Commission approval of Design Review DRC2016- 00814 and City Council approval of Density Bonus Agreement DRC2017-0015 and Historic Preservation Commission approval of Certificate of Appropriateness DRC2016-00966. 3) Approval is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impact for the project and the Mitigation Monitoring Program and all mitigations contained therein. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: / j1 --,...,-----Th rancisco Oaxaca, Chairman 4 ATTEST: c Ca ce Burnett, Secretary P608 PLANNING COMMISSION RESOLUTION NO. 17-29 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 5 I, Candyce Burnett, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 24th day of May 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE t IMill SI 5 1 �� Jz 1 a 9 p ,EI 1.••• •a•• • c ■ = 1 E ( 1 11 t 7. X -o J O W ctEl— N - �� ti 0 a)0 O O J U O Cu O -c Eu D C • C (Yi 1 Yr ... ..Y WAREN a ATTACHMENT A 021 ar k i ■ 1' 5 P609 7-- 3 .H 41t] Ar -4 orf I /°' Immo I • r...av may *NOON 9 .aM 01.1,044 z • C i i 1 e-4 P610 P611 RESOLUTION NO. 17-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DENSITY BONUS AGREEMENT DRC2017-00156, A REQUEST FOR A DENSITY BONUS AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE VICTORIA COMMUNITY PLAN AND THE DEVELOPMENT CODE, INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS, FOR THE DEVELOPMENT OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of Density Bonus Agreement DRC2017-00156, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Density Bonus Agreement request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and continued said hearing to May 24, 2017. 3. On the 24th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted the public hearing and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on May 10 and May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire ATTACHMENT 3 PLANNING COMMISSION RESOLUTION NO. 17-30 DENSITY BONUS AGREEMENT DRC2017-00156 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 2 Station #173, within the Low Medium (LM) District of the Victoria Community Plan; to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and c. The land use and zoning designation of the project site is Low -Medium (LM) District of the Victoria Community Plan, which permits 4 to 8 dwelling units per acre. The Victoria Community Plan includes a provision permitting the zoning designation to be increased by up to 2 density ranges in order to provide plan flexibility. The project site can thus be increased in density from Low -Medium (LM) District to either Medium (M) District (8 — 14 dwelling units per acre) or Medium -High (MH) District (14 — 24 dwelling units per acre). The Victoria Community Plan also provides an incentive to build affordable housing, which awards property owners' one bonus unit in density for every affordable dwelling unit provided. The project will be 100 percent affordable and is thus eligible for a 100 percent increase in the permitted density level, or between 24 to 48 dwelling units per acre; and d. The applicant is requesting to develop a 140 -unit affordable rental senior housing project on 4 acres of land. The proposed density is 35 dwelling units per acre. P612 e. Development Code Chapter 17.46 (Density Bonuses, Incentives and Concessions) provides incentives for the production of affordable housing, including the opportunity to provide reductions in the related development standards. The applicant can request up to 3 concessions based on the affordability factor of the project. In this case, the applicant is requesting 2 concessions, a reduction in the required number of parking spaces and a reduction in the size of the private recreation areas (decks). Density bonuses and concessions are considered in conjunction with any necessary development entitlements for the project and approved by a Density Bonus Agreement. The designated approving authority for the Density Bonus Agreement is the City Council. 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 Density Bonus Agreement is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Density Bonus Agreement furthers General Plan Goal HE -2, to provide housing opportunities that meet the needs of all economic segments of the community including very low, low and moderate income households. The proposed affordable senior housing rental units further this goal by providing seniors with affordable housing. Additionally, the Victoria Community Plan includes provisions to permit the project at the proposed residential density; and b. The proposed Density Bonus Agreement is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The project site is well suited for the proposed affordable senior housing rental development. It is located in close proximity to public transportation, a multi -use recreational trail and multiple commercial developments, reducing the need for a personal vehicle and increasing the mobility of the senior population targeted by the development; and c. The proposed Density Bonus Agreement will not be detrimental to the health, safety, and general welfare of the City. The proposed affordable senior housing rental units related PLANNING COMMISSION RESOLUTION NO. 17-30 DENSITY BONUS AGREEMENT DRC2017-00156 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 3 to the Density Bonus Agreement will not negatively impact the City as is in keeping with the surrounding development and will become an integral part of the community. d. The proposed Density Bonus Agreement will not adversely affect the orderly development of property or the preservation of property values. The proposed affordable senior housing rental development is well suited for the proposed location and complies with the zoning designation and the permitted density of the project site. 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 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 recommends that the City Council adopt the Mitigated Negative Declaration prior to approving the requested Density Bonus Agreement. 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. This Commission hereby recommends approval of the Density Bonus Agreement attached hereto as Attachment "A" with the special conditions which follows: 1) The final draft of the Density Bonus Agreement shall be reviewed and accepted by the City Attorney prior to approval by City Council. P613 PLANNING COMMISSION RESOLUTION NO. 17-30 DENSITY BONUS AGREEMENT DRC2017-00156 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 4 P614 2) Approved is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impact for the project and the Mitigation Monitoring Program and all mitigations contained therein. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Francisco Oaxaca, Chairman Burnett, Secretary I, Candyce Burnett, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 24th day of May 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE P615 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Clerk With a copy to: Day Creek Senior Housing Partners LP c/o National Community Renaissance 9421 Haven Avenue Rancho Cucamonga, CA 91730 Attn: Chief Financial Officer APNs: 1089-031-36 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees Pursuant to Government Code Section 27383 DENSITY BONUS AGREEMENT DRC2017-00156 (SENIOR CITIZENS AFFORDABLE HOUSING) THIS DENSITY BONUS AGREEMENT ("Agreement") is dated as of June 7, 2017 and is entered into by and between DAY CREEK SENIOR HOUSING PARTNERS LP, a California nonprofit public benefit corporation (the "Developer"), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation (the "City"). RECITALS A. California Government Code Section 65915(d) provides that in addition to a density bonus (not applicable here), a city may, by agreement with a developer, grant up to three incentives or concessions that the applicant requests when a developer agrees to construct housing for low income households. B. The City has implemented California Government Code Section 65915(d) by enacting Municipal Code Section 17.46.040B, which subject to certain limitations, contemplate such incentives to encourage development of affordable housing for low income households. C. Developer has requested City to consider the approval of a density bonus agreement which will grant concessions for Developer's development of the real property in City on Exhibit "A" ("Site"). The Site is located within the Victoria Planned Community. D. The Developer proposes to construct a senior housing residential project, consisting of low income units, on the Site. Said project contemplated by Developer will require two incentives/concessions from the residential development standards in the Victoria Planned Community. The Developer is not requesting a density bonus for this project. /t Res() j 1-3 p ATTACHMENT A -1- P616 E. It is the desire of City to encourage developments designed to provide affordable rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to grant concessions to Developer as provided by the terms of this Agreement, which is a so-called "density bonus agreement" contemplated and required by Municipal Code Chapter 17.46.040. F. City and Developer have entered into a Disposition, Development and Loan Agreement dated in 2016 which obligates the City to sell the Site to Developer subject to certain conditions, including the condition that a "Development Agreement" be approved by City and executed; however, Developer and City have determined that the only purpose of such condition was to provide for the affordable housing incentives described herein, and that Municipal Code Chapter 17.46 requires a so- called "density bonus agreement" under that Chapter, not a statutory development agreement. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, the following terms shall have the following meaning: a. "Affordable Rents" shall mean the total charges for rent, utilities, and related services in an amount not to exceed the amount of rent permitted under California Health and Safety Code Section 50053 and Sections 6910 — 6932 of Title 25 of the California Code of Regulations. b. "Area Median Income" shall mean the median income for households in San Bernardino County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall either use the income determinations used by the California Tax Credit Allocation Committee or may use income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. c. "City" is the City of Rancho Cucamonga, California. d. "Project" is the development approved by City comprised of one hundred and forty (140) apartment units, recreational and common area facilities, parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Environmental Assessment and Design Review DRC2016-00814 submitted by Developer and approved by City. The Project is subject to the conditions of approval which are not changed, altered or modified by this Agreement. e. "Qualified Tenants" shall mean households consisting of a person who is sixty- two (62) years of age or older and any qualified permanent residents under the applicable provisions of California Civil Code Section 51.3 and the federal Fair Housing Act (except to the extent the Project utilizes federal funds whose programs have differing definitions for senior projects in which case those definitions will apply), and whose annual household income does not exceed eighty percent (80%) of the Area Median Income. 2. Binding Effect of Agreement. The Developer hereby subjects the Site and development thereon to the covenants, reservations and restrictions as set forth in this Agreement in perpetuity. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be -7- 11231-0001 2050037v4.doc P617 binding upon the Developer's successors and assigns and successor to any interest in the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 3. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever. 4. Restrictions on Rental Units; Qualified Tenants. It is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. Except for one (1) manager's unit, the apartment units in the Project shall be rented, occupied, leased or subleased to households which include at least one Qualified Tenant. 5. Rental Requirements; Affordable Rent. One hundred and thirty-nine (139) of the units in the Project, not including the one unit for a resident manager, shall be rented, leased or held available for Qualified Tenants at Affordable Rents. 6. No Conversion. During the term hereof, all residential units in the Project shall remain rental units. During the terns hereof, no apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 7. On-site Manager. A full-time manager shall be provided on the Project site in the manager's unit. 8. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants, including the income restrictions on some of the units as set forth in this Agreement. On or before April 15 of each year following the first leasing of any apartment (other than the manager's unit), the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including utility charges (if any); b. A project occupancy profile; c. A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas. d. The number of persons per unit; e. Tenant name; f. Initial occupancy date; -3- 11231-0001 2050037v4.doc g. Rent paid per month; h. Gross income per year; i. Percent of rent paid in relation to income; and j. Copies of all documents used by Developer to certify the tenant as a Qualified Tenant. P618 City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. City shall repair any damage and shall defend, indemnify and hold Developer harmless from and against any claims, liabilities, damages, costs, expenses incurred by Developer relating in any way to City's inspections and investigations. 9. Tenant Selection, Contracts and Rules and Regulations. After receipt of applications for income restricted units, Developer shall determine the eligibility of the occupancy under the terms of this Agreement. Verification of tenant income eligibility shall be based on the following information and other information if permitted by the California Tax Allocation Committee for the low income housing tax credit program: a. Income verification form from the Social Security Administration and/or the California Department of Social Services, if the applicant receives income from either or both agencies; b. Income tax return for the most recent tax year; c. TRW or similar financial search; d. Income verification from all current employers; and e. If the applicant is unemployed and has no tax return, another form of independent verification. Developer shall deliver copies thereof to City upon written request. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to use. Such agreement shall include all rules and regulations governing tenancy within the Project. 10. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an unlawful eviction under the following circumstances: a. The death of the sole tenant of the unit; b. By the tenant at the expiration of the term of occupancy or othenvise upon thirty (30) days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. -4- 11231-0001 2050037v4.doc P619 An affordable unit initially occupied by a Qualified Tenant shall be deemed occupied by a Qualified Tenant until such affordable unit is vacated, even if the tenant's household income subsequently increases to an amount that exceeds the maximum allowable income level for its initial income category so long as satisfactory actions are taken to ensure that all vacancies are filled in accordance with this Agreement until the noncompliance is corrected. Upon termination of occupancy of an affordable unit by a tenant, such affordable unit shall be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating tenant, until such affordable unit is reoccupied, at which time the income character of the affordable unit shall be determined by the income of the incoming tenant. The income of all persons residing in the affordable unit shall be considered for purposes of calculating the applicable income. Except as otherwise required by applicable law, no less than one person per bedroom shall be allowed; no more than two persons shall be permitted to occupy a one bedroom affordable unit; and no more than three persons shall be permitted to occupy a two bedroom affordable unit. Any termination of a tenancy other than those listed above in this Section shall constitute a lawful eviction only if: (i) Developer conduct it in compliance with the provisions of California law and (ii) the lease is terminated then only for material noncompliance with the terms of the applicable rental agreement after written notice and the expiration of a reasonable cure period. 11. Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as Developer may determine. During the term hereof, the Project shall be insured to its full insurance replacement value. 12. Maintenance Guarantee. Developer shall comply with all City maintenance standards for the Project enacted from time to time. 13. Standards and Restriction Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site during the terns of this Agreement: a. Developer is required to obtain all necessary land use entitlements, approvals and permits for the Project. b. Only residential uses of the real property shall be permitted in the Project. 14. Development Incentives. Pursuant to Government Code Section 65915(d) and Rancho Cucamonga Municipal Code Section 17.46.040.B., the City grants Developer the following development incentives for development of the Project: a. The amount of required private open space per dwelling unit is decreased from 150 square feet for ground floor dwelling units and 100 square feet for upper floor dwelling units to 107 square feet for ground floor dwelling units and 80 square feet for upper floor dwelling units; and b. The required number of on-site parking spaces is decreased to a minimum ratio of 0.85 parking spaces per unit, with 82 carport stalls and 37 uncovered spaces. -D- 1 123 I -0001' 2050037v4.doc P620 15. Project Design Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. The following physical amenities shall be substantially included in the Project: a. Unit sizes shall be an average of 600 square feet for 1 -bedroom residential units and 890 square feet for 2 -bedroom residential units; b. Elevator service shall be provided to all upper story apartments; c. All common access areas in the Project such as entryways, walkways, and hallways will be wide enough to accommodate wheelchairs; d. The Project will meet all applicable current requirements for access and design imposed by law as administered by the City building and safety department, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps; e. All units shall possess secured entryways off a common enclosed hallway; and f. The Project is designed to encourage social contact by providing at least one common room (the Project community room) and at least some common open space (the Project's fitness room, pool, outdoor fire pit lounge, courtyard and garden areas). 16. Indemnification. Developer shall defend, indemnify and hold City and its elected officials, officers, agents and employees harmless from claims, liabilities, losses, damages and costs and expenses arising from or relating to personal injuries, including death, and property damage which may arise from the activities of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or willful misconduct of the City. 17. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties. 18. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a warranty, representation or statement is made or furnished by Developer to City and is inaccurate in any material respect when it was made; b. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 19. 19. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, then City may, without further notice, declare a default under this Agreement and City may then enforce as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code applicable to this Agreement. However, notwithstanding the foregoing, City may at any time apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement. -6- 11231-0001 2050037v4 doc P621 20. Developer Representation Re: Priority; No Waiver of Remedies. Developer represents and warrants that this Agreement, when recorded, is senior and prior to all deeds of trust and other liens, except for liens for property taxes and assessments not yet due. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 21. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, deeds of trust, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien; c. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 22. Notice to Lender. If Developer shall have provided City in writing with the name of the Lender and a copy of its recorded deed of trust, then City shall give written notice of any default or breach under this Agreement by Developer to such Lender and if the default can be cured by the payment of money, City shall give Lender the opportunity after service of the notice to cure the breach or default within sixty (60) days after delivery of said notice. 23. Notices. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto in a notice given pursuant to this Section. Developer: Day Creek Senior Housing Partners LP c/o National Community Renaissance ® 9421 Haven Avenue Rancho Cucamonga, CA 91730 Attn: Chief Financial Officer City: City of Rancho Cucamonga 10500 Civic Center Drive -7- 11231-0001 2050037v 4.doc P622 Rancho Cucamonga, CA 91730 Attn: City Manager 24. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 25. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 26. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 27. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino. 28. factor. Time of Essence. Time is of the essence of every provision hereof in which time is a IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein. DEVELOPER: DAY CREEK SENIOR HOUSING PARTNERS LP, a California nonprofit public benefit corporation By: Day Creek Senior Housing Partners MGP, LLC, a California limited liability company, its general partner By: National Community Renaissance of California, a California nonprofit corporation, its sole member/manager By: 11231-0001 2050037v4.doc Steve PonTell Chief Executive Officer -8- CITY: CITY OF RANCHO CUCAMONGA, a municipal corporation By: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: By: James Markman City Attorney A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -9- 1123 I-0001.2050037v4.doc P623 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -10- 11231-0001 2050037v4.doc P624 P625 EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE THE FOLLOWING REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA: PARCEL "A" BEING PORTIONS OF LOTS 21 AND 22 OF ORANGE EMPIRE ACRES, AS PER MAP RECORDED IN BOOK 20, PAGE 1 OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, TOGETHER WITH THAT PORTION OF RAILROAD AVENUE SOUTH, VACATED PER INSTRUMENT No. 92-447926, RECORDED OCTOBER 28, 1992 OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 21, SAID POINT BEING SOUTH 00°12'36" WEST 575.70 FEET FROM THE NORTHWEST CORNER OF SAID LOT 21; THENCE, ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION, NORTH 00°12'36" EAST 615.70 FEET TO THE NORTHWEST CORNER OF SAID INSTRUMENT No. 92- 447926; THENCE, ALONG THE NORTH LINE OF SAID INSTRUMENT No. 92-447926, SOUTH 89°11'41" EAST 342.01 FEET TO THE NORTHEAST CORNER OF SAID INSTRUMENT No. 92-447926, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE EAST LINE OF SAID INSTRUMENT No. 92-447926 AND THE EAST LINE OF SAID LOT 22, SOUTH 00°12'48" WEST 418.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FIREHOUSE COURT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 61.04 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89°50'34" WEST; THENCE, LEAVING SAID EAST LINE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 28°23'25" AN ARC LENGTH OF 30.25 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 42°24'52" WEST 51.92 FEET; THENCE SOUTH 89°17'07" WEST 195.07 FEET, THENCE SOUTH 44°17'06" WEST 171.66 FEET TO THE POINT OF BEGINNING. SAID LAND IS DESCRIBED AS PARCEL A OF LL/A 2005-00002 RECORDED 12/04/2015 AS INSTRUMENT NO. 2005 — 531707 OF OFFICIAL RECORDS. -11- 11231-0001.2050037v4.doc P626 RESOLUTION NO. 17-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2016-00814, A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of Design Review DRC2016-00814, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and continued said hearing May 24, 2017. 3. On the 24th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted the public hearing and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on May 10, and May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan; to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and c. The land use and zoning designation of the project site is Low -Medium (LM) District of the Victoria Community Plan, which permits 4 to 8 dwelling units per acre. The Victoria Community Plan includes a provision permitting the zoning designation to be increased by up to 2 density ranges in order to provide plan flexibility. The project site can thus be increased in density from Low -Medium (LM) District to either Medium (M) District (8 —14 dwelling units per acre) or Medium -High (MH) District (14 — ATTACHMENT 4 P627 PLANNING COMMISSION RESOLUTION NO. 17-31 DESIGN REVIEW DRC2016-00814 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 Page 2 24 dwelling units per acre). The Victoria Community Plan also provides an incentive to build affordable housing, which awards property owners' one bonus unit in density for every affordable dwelling unit provided. The project will be 100 percent affordable and is thus eligible for a 100 percent increase in the permitted density level, or between 24 to 48 dwelling units per acre. The proposed density is 35 dwelling units per acre. The Development Code awards projects that provide affordable units with up to 3 concessions from the specified development requirements. The applicant is requesting 2 concessions, a reduction in the required number of parking spaces and a reduction in the size of the private recreation areas (decks); and d. The project provides 119 parking stalls, 82 of which are provided in carport stalls and 37 in uncovered stalls. Projects that provide affordable housing units are required to provide 1 parking space for 1 bedroom units and 2 parking spaces for 2 bedroom units, which is inclusive of guest parking. This translates into a parking requirement of 149 parking spaces. The project proposes 119 parking spaces, 30 parking spaces below the minimum requirement (a 20 percent reduction); and e. The project includes property line walls that are over the 6 -foot maximum permitted wall height. The north property line wall includes a retaining wall ranging in height from 4 to 6 feet topped by a 6 -foot high free standing wall, for a calculated height of 8 to 9 feet. Additionally, there is a 2.5 -foot retaining wall proposed adjacent to the existing 6 -foot high wall between the project site and the adjacent City fire station. In both cases, the additional wall height will only be visible on the applicant's side of the wall; and f. The large specimen Canyon Live Oak tree located at the southeast corner of the site was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. Removal of the tree requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965). Staff supports the removal of the tree due to the tree's declining condition. The applicant has agreed to plant a large specimen Canyon Live Oak tree to replace the existing tree. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan. The General Plan Land Use designation of the project site is Low Medium (LM) District. The site is also within the Victoria Community Pian, which includes a provision permitting the zoning designation to be increased by up to 2 density ranges. The Victoria Community Plan also provides an incentive to build affordable housing, which awards property owners' one bonus unit in density for every affordable dwelling unit provided. The project will be 100 percent affordable and is thus eligible for a 100 percent increase in the permitted density level, or between 24 to 48 dwelling units per acre. The proposed density is 35 dwelling units per acre, below the maximum permitted 48 dwelling units per acre permitted by the Victoria Community Plan with the provisions outlined above. b. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. The project site is within the Low Medium (LM) District of the Victoria Community Plan. As stated above, the Victoria Community Plan permits an increase in density by up to 2 density ranges and provides a separate incentive to provide affordable P628 PLANNING COMMISSION RESOLUTION NO. 17-31 DESIGN REVIEW DRC2016-00814 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 Page 3 units of 1 unit increase in density for each affordable unit provided. The proposed density is 35 dwelling units per acre. c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project is in compliance with the provisions of the Development Code and the Victoria Community Plan, except for a request for a wall height Variance (DRC2017-00032) and a request of 2 concessions for a reduction in the required parking and size of the private open space area. Development Code Section 17.46.040 (Density bonuses and Incentives and Concessions Allowed) includes a provision that permits projects that provide affordable units reductions in the development criteria. 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. An environmental review was completed for the project which concluded that with the proposed mitigation measures, the project would have a less than significant impact on the environment. 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 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 recommends that the City Council adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. PLANNING COMMISSION RESOLUTION NO. 17-31 DESIGN REVIEW DRC2016-00814 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 Page 4 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Design Review application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for Design Review RC2016-00814, for the site plan and architectural review of a 140 -unit affordable senior housing development for a site located the terminus of Firehouse Court and west of Day Creek Boulevard. — APN: 1089-031-36. 2) Approval for Design Review DRC2016-00814 is contingent upon City Council approval of General Plan Amendment DRC2016-00964 and Density Bonus Agreement DRC2017-00156 and Certificate of Appropriateness DRC2016-00966. 3) Approved is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impact for the project and the Mitigation Monitoring Program and all mitigations contained therein. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: i4. ATTEST: Francisco Oaxaca, Chairman Cand(ce Burnett, Secretary P629 P630 PLANNING COMMISSION RESOLUTION NO. 17-31 DESIGN REVIEW DRC2016-00814 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 Page 5 I, Candyce Burnett, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 24th day of May 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE R‘`cito ClV1‘10ti(:1 Conditions of Approval Community Development Department Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P631 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness. Development Agreement, General Plan Amendment, Tree Removal Permit. Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planninq,Department Please be advised of the following Special Conditions 1. 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 shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers, consistent with manufacturers" standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptor nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site. Interior: 4) All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. 5) All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths inch thick. 6) At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. 7) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one inch thick. Ceilings shall be well fitted, fully sealed gypsum board of a least a rating of R-19 shall be used in the attic space. 8) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and sill receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system shall be proved which satisfies the requirement of the Uniform Building Code. 9) Prior to approval of building permits, a letter from an acoustic engineer shall be submitted verifying conformance to the interior noise mitigation measures. 10) Prior to final approval by the Planning Department, an acoustic engineer shall be submitted verifying implementation of the interior mitigation measures. 2. A 70 -inch box size Canyon live oak shall be planted on the project site to the west of the existing Canyon live oak tree to be removed. Pnnted 5.11.2017 www.CityofRC us Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P632 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. A Gabrieleno Band of Mission Indians — Kizh Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Standard Conditions of Approval 4. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 5. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 6. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 7. 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. 8. 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. 9. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 11. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 12. 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. www.CityofRC.us Printed 5/11/2017 Page 2 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P633 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, 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. 16. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $ 2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 17. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 18. 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. www.CityofRC.us Printed 5/11/2017 Page 3 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P634 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 19. 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. 20. 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. 21. 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. 22. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 23. 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. 24. 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. 25. Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developers shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 26. The perimeter block wall shall be constructed as early as possible in the first phase. Printed 5111/2017 www.CityofRC.us Page 4 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P635 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 27. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 28. 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. 29. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. www.CityofRC.us Printed 5/11/2017 Page 5 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P636 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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 Archaeological Information Center for permanent archiving. 31. 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. 32. 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. 33. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 34. 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. 35. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 36. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 37. Trucks shall not idle continuously for more than 5 minutes. 38. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. www.CityofRC us Printed 5/11/2017 Page 6 of 19 Project :' DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 P637 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 39. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.CityofRC US Printed 5/11/2017 Page 7 of 19 Project #. DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P638 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 40. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 41. 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. Printed 5/11/2017 Page 8 of 19 www.CityofRC.us Project #. DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P639 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 42. 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. 43. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 44. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 45. Construction should be timed so as not to interfere with peak -hour traffic. 46. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 47. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 48. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; Increased insulation. • Limit air leakage through the structure. Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. Landscape and develop site utilizing shade, prevailing winds and landscaping. Install efficient lighting and lighting control systems. Install light colored "cool" roofs and cool pavements. Install solar or light emitting diodes (LED's) for outdoor lighting. 49. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 50. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Printed 5/11/2017 www.CityofRC.us Page 9 of 19 Project 7: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P640 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 51. Prior to issuance of grading permits, the permit applicant approval, a Storm Water Pollution Prevention Plan Management Practices (BMPs) that shall be used on-site shall submit to the Building Official for (SWPPP) specifically identifying Best to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 52. The site shall be treated with water or other soil -stabilizing agent (approved by Regional Water Quality Control Board (RWQCB)) daily to reduce PM10 emissions, with SCAQMD Rule 403. 53. Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 54. Provide adequate ingress and egress at all entrances to public facilities to minimize curbsides. SCAQMD and in accordance to all inactive vehicle idling at 55. Provide preferential parking to high occupancy vehicles and shuttle services. 56. Schedule truck deliveries and pickups during off-peak hours. 57. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 58. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 59. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 60. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of operations. Engineering Services Department Please be advised of the following Special Conditions Printed 5/11/2017 Page 10 of 19 www.CityofRC.us Operations restaurant Project #: 0RC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P641 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Firehouse Court frontage improvements: a. Remove existing cobblestones on the parkway and install street trees per City Standards. b. The drive approach shall have a minimum width of 35 feet, per City Standard 101, Type C. c. Protect or replace existing curb and gutter, sidewalk, street lights, signing and striping as required. d. The street light on Firehouse Court shall be relocated due to the location of the curb return of the commercial drive approach. e. If an entry gate is proposed, it shall be in accordance with the City "Residential Project Gated Entrance Design Guide" standard. 2. Development Impact Fees are assessed at the time of building permit issuance. 3. The proposed development is slated to be included in the City's Fiber Optic / Broadband service business plan that would provide a City owned Fiber -to -the -Home (FTTH) infrastructure. Proposed fiber optics on-site (conduits and fiber) will be placed underground within a duct and structure system to be installed by the Master Developer. The fiber and conduits along the backbone streets shall be installed in a joint trench by the developer as the last lane improvements are completed . In -tract fiber and conduit shall be installed by the developers in joint trench where possible . Maintenance of the installed system will be the responsibility of the City. Development of the Project requires the installation by the developers of all fiber optic infrastructure necessary to service the Project as a stand-alone development. In addition, developer shall coordinate with RCMU which may provide for high-speed internet services. 4. The Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 5. Obtain approval from Sanbag regarding the proposed access to the Pacific Electric Trail, prior to issuance of building permit. Standard Conditions of Approval 6. 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 issuance of Building Permits. Formation costs shall be borne by the developer. www.CityofRC.us Printed 5r11/2017 Page 11 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, 0RC2017-00032, DRC2017-00156 P642 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 7. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. Fire Prevention / New Construction Unit Standard Conditions of Approval 1. Reciprocal Access Agreement — Please provide a permanent access agreement granting irrevocable use of the adjacent property for use by 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 recorded agreement shall include a copy of the site plan. The agreement shall be recorded with the County of San Bernardino, Recorders Office. The Fire Construction Services Unit shall approve the agreement, prior to recordation. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 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. Printed: 5/11/2017 Page 12 of 19 www.CityofRC.us Project T7' DRC2016-00814 0RC2016-00964, DRC2016-00:905, Di,C2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P643 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 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. 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. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 10. Prior to issuance of a grading permit 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. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. 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. 13. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 14. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 15. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. Printed 5/11/2017 Page 13 of 19 www.CityofRC.us Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P644 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 17. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 18. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 19. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 20. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 21. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 22. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 23. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC us Printed 5.11/2017 Page 14 of 19 Fniject, :• DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P645 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 24. The final project -specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. www.CityofRC us Printed 5/11/2017 Page 15 of 19 t r3ject r . iJ :C201u-u0o"i4 DRC2616-00J34, DR(;2016-00Jo5, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P646 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 25. GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management document shall meet the requirements of the State Water Resources R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration designed to primarily function as infiltration devices vegetated buffer strips, constructed wetlands, requirements to protect groundwater: a. Use of structural infiltration treatment ground water quality objectives. b. Source control and pollution groundwater quality. The need for evaluated prior to infiltration. c. Adequate pretreatment of runoff plan (WQMP), the WQMP Control Board Order No. Municipal Separate Storm BMPs prevention pre-treatment prior (such as grassy swales, and BMPs not detention basins, etc.)] must comply with the following minimum shall not cause or contribute to an exceedance of control BMPs shall be implemented to protect BMPs such as sedimentation or filtration should be to infiltration shall be required in gas stations commercial parking lots. (NOTE: The State Water Quality Control Board defines a Targe parking lot as `100,000 sq. ft. or more of commercial development to include parking lot (with more vehicle traffics), OR, by means of 5,000sqft or more of allowable space designated for purposes'). d. Unless adequate pre-treatment treatment BMPs must not be used to high vehicular traffic (25,000 or and large commercial 100 or parking of runoff is provided prior to infiltration structural infiltration for areas of industrial or light industrial activity{77}, areas subject more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10 -feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. The final project -specific Water Quality Management Plan shall specifically address items, b., c., and d. above. Printed 5/11/2017 Page 16 of 19 www.CityofRC.us rroject #: DRC2016-00014 DRC20 i 6-00964, DRC2016-00965, DRC2U i o-OUJO6, DRC2017-00032, DRC2017-00156 P647 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 26. This project shall comply with the accessibility requirements of the current adopted California Building Code. 27. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 28. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 29. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 30. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 31. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit. adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 32. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 33. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". www.CityofRC.us Printed 5/11/2017 Page 17 of 19 Project is Project Name: Location: Project Type: 0RC2016-00814 DR02016-00964, DRC2016-00965, DRC2016-00066, DRC2017-00032, DRC2017-00156 P648 DAY CREEK VILLAS \\ SENIOR HOUSING - 108903136-0000 Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 35. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 36. Prior to issuance of a grading permit the applicant shall demonstrate that the storm water run-off will not adversely affect the downstream properties and that the water may legally discharge to the downstream properties. The engineer of record shall show on the final permitted grading and drainage plan one (1) or more of the following items are met: a) There is sufficient downstream capacity to accept the proposed storm water flows and that the downstream property owner have provided permission to accept the upstream storm water flows; b) a legal document/entity exists allowing developed storm water flows to be discharged to the property lower in elevation; c) a storm drain system to safely convey the storm water flows to a public storm drain system without causing flooding to adjacent property(ies). 37. A final project -specific Storm Water Quality Management Plan (WQMP) shall be approved by the Building and Safety Director, or his designee, 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 or any building permit. 38. The subject project, shall accept all existing off-site storm water drainage flows and safely convey those flows through or around the project site. If existing off-site storm water drainage flows mix with any on-site storm water drainage flows, then the off-site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 39. 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. Printed 5111/2017 www.CityofRC.us Page 18 of 19 Jr,'.,!U I6-J0a6-:, io-LVvo5. Df../.J2Oi6-j3 66, DRC2017-00032, DRC2017-00156 P649 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 40. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 41. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 42. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 43. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 44. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. www.CityofRC. us Printed 5/11/2017 Page 19 of 19 P650 RESOLUTION NO. 17-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2017- 00032, A REQUEST TO PERMIT WALLS OVER 8 FEET IN HEIGHT DUE TO ON-SITE GRADES RELATED TO THE ARCHITECTURAL REVIEW OF A 140 - UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of Variance DRC2017-00032, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and continued said hearing to May 24, 2017. 3. On the 24th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted the public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on May 10, and May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan; to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and c. The subject wall height Variance (DRC2017-00032) is related to the development of a 140 -unit affordable rental senior housing project (DRC2016-00814) on 4 acres of land; and ATTACHMENT 5 P651 PLANNING COMMISSION RESOLUTION NO. 17-32 VARIANCE DRC2017-00032 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 Page 2 d. The project complies with all development criteria of the Victoria Community Plan and the Development Code, except for the 2 concessions for a reduction in the parking and private open space requirements and a request for a wall height Variance; and e. The project includes property line walls that are over the 6 -foot maximum permitted wall height. The north property line wall includes a retaining wall ranging in height from 4 to 6 feet topped by a 6 -foot high free standing wall, for a calculated height of 8 to 9 feet. Additionally, there is a 2.5 -foot retaining wall proposed adjacent to the existing 6 -foot high wall between the project site and the adjacent City fire station. In both cases, the additional wall height will only be visible on the applicant's side of the wall. 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 strict or literal interpretation and enforcement of the specified regulation would result in a difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. The increase in wall height is necessary due to a 4 to 6 -foot grade change between the project site and the Pacific Electric Tail to the north and due to the necessity for a 2.5 -foot retaining wall along the east property line, adjacent to an existing 6 -foot high free standing wall. Without the Variance, the applicant would be required to step the retaining walls, reducing the developable portion of the lot and the number of units that could be constructed. b. There are exceptional or extraordinary 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 zone. There is an up to 6 -foot grade change between the project site and the Pacific Electric Trail to the north which require the construction of a property line retaining wall. There is also a 2.5 -foot grade change along the east property line which requires the placement of a retaining wall directly adjacent to an existing 6 -foot high free standing wall. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. Without an increase in the permitted wall heights, the developable portion of the project site would be reduced in order to step the retaining walls. In turn, reducing the number of units that could be constructed on the site. d. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. It is common practice to grant a Variance for an increase in property line wall height where there is a grade change between a project site and the adjacent parcels of land. In this case, there is an up to 6 -foot grade change along the north property line and 2.5 -foot grade change along the east property line. The additional wall height will only be visible on the applicant's side of the wall. e. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The increased wall heights will not negatively impact the surrounding property owners as the additional wall height will only be visible on the project site. P652 PLANNING COMMISSION RESOLUTION NO. 17-32 VARIANCE DRC2017-00032 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 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 recommends that the City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, 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 adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Variance application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for Variance DRC2017-00032, to construct a combination wall with a calculated height of up to 9 feet along the north property line and up to 8 feet along the east property line for a site located the terminus of Firehouse Court and west of Day Creek Boulevard. — APN: 1089-031-36. 2) Approval for Variance DRC2017-00032 is contingent upon Planning Commission approval of Design Review DRC2016-00814 and City Council approval of General Plan Amendment DRC2016-00964 and P653 PLANNING COMMISSION RESOLUTION NO. 17-32 VARIANCE DRC2017-00032 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 Page 4 Density Bonus Agreement DRC2017-00156 and the Historic Preservation Commission approval of Certificate of Appropriateness DRC2016-00966. 3) Approval is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impact for the project and the Mitigation Monitoring Program and all mitigations contained therein. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ._. ATTEST: rancisco Oaxaca, Chairman c� Burnett, Secretary I, Candyce Burnett, 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 24th day of May 2017, by the following vote -to -wit: P654 PLANNING COMMISSION RESOLUTION NO. 17-32 VARIANCE DRC2017-00032 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA May 24, 2017 Page 5 AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE RIANIO Conditions of Approval P655 Community Development Department Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. 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 shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers, consistent with manufacturers" standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptor nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site. Interior: 4) All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. 5) All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths inch thick_ 6) At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. 7) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one inch thick Ceilings shall be well fitted, fully sealed gypsum board of a least a rating of R-19 shall be used in the attic space. 8) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and sill receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system shall be proved which satisfies the requirement of the Uniform Building Code. 9) Prior to approval of building permits, a letter from an acoustic engineer shall be submitted verifying conformance to the interior noise mitigation measures. 10) Prior to final approval by the Planning Department, an acoustic engineer shall be submitted verifying implementation of the interior mitigation measures. 2. A 70 -inch box size Canyon live oak shall be planted on the project site to the west of the existing Canyon live oak tree to be removed. www CayofRC u Pr•nted 511 201' Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P656 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. A Gabrieleno Band of Mission Indians — Kizh Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Standard Conditions of Approval 4. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 5. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 6. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 7. 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. 8. 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. 9. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 11. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 12. 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. wiw.CityofRC.us Printed: 5/11/2017 Page 2 of 19 Project #. DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P657 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, 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. 16. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 17. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 18. 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. www.cityofRC.us Printed 5/11/2017 Page 3 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P658 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 19. 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. 20. 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. 21. 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. 22. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 23. 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. 24. 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. 25. Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developers shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 26. The perimeter block wall shall be constructed as early as possible in the first phase. www.CityofRC.us Printed 5/11/2017 Page 4 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P659 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 27. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 28. 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. 29. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. www.CityofRC us Printed 5/11/2017 Page 5 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P660 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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 Archaeological Information Center for permanent archiving. 31. 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. 32. 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. 33. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 34. 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. 35. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 36. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 37. Trucks shall not idle continuously for more than 5 minutes. 38. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. Printed 5/11/2017 Page 6 of 19 www.cityofRC.us Project #. DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P661 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 39. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. w wv.CdyofRC.us Printed 5/11/2017 Page 7 of 19 • Project #: DRC2016-00814 DRC2016-00964, 0RC2016-00965, DRC2016-00966, P662 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 40. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 41. 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. www.CityofRC us Printed 5/11/2017 Page 8 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P663 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 42. 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. 43. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 44. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 45. Construction should be timed so as not to interfere with peak -hour traffic. 46. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 47. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 48. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. 49. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 50. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. www.CityofRC us Printed 5/11/2017 Page 9 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P664 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 51. 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. 52. 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. 53. 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. 54. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 55. Provide preferential parking to high occupancy vehicles and shuttle services. 56. Schedule truck deliveries and pickups during off-peak hours. 57. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 58. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 59. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 60. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. Engineering Services Department Please be advised of the following Special Conditions www.CityofRC.us Printed: 5/11/2017 Page 10 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P665 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Firehouse Court frontage improvements: a. Remove existing cobblestones on the parkway and install street trees per City Standards. b. The drive approach shall have a minimum width of 35 feet, per City Standard 101, Type C. c. Protect or replace existing curb and gutter, sidewalk, street lights, signing and striping as required. d. The street light on Firehouse Court shall be relocated due to the location of the curb return of the commercial drive approach. e. If an entry gate is proposed, it shall be in accordance with the City "Residential Project Gated Entrance Design Guide" standard. 2. Development Impact Fees are assessed at the time of building permit issuance. 3. The proposed development is slated to be included in the City's Fiber Optic / Broadband service business plan that would provide a City owned Fiber -to -the -Home (FTTH) infrastructure. Proposed fiber optics on-site (conduits and fiber) will be placed underground within a duct and structure system to be installed by the Master Developer. The fiber and conduits along the backbone streets shall be installed in a joint trench by the developer as the last lane improvements are completed . In -tract fiber and conduit shall be installed by the developers in joint trench where possible. Maintenance of the installed system will be the responsibility of the City. Development of the Project requires the installation by the developers of all fiber optic infrastructure necessary to service the Project as a stand-alone development. In addition, developer shall coordinate with RCMU which may provide for high-speed internet services. 4. The Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 5. Obtain approval from Sanbag regarding the proposed access to the Pacific Electric Trail, prior to issuance of building permit. Standard Conditions of Approval 6. 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 issuance of Building Permits. Formation costs shall be borne by the developer. www.CityofRC.us Printed. 5/11/2017 Page 11 of 19 Project #. DP.C2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P666 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 7. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. Fire Prevention / New Construction Unit Standard Conditions of Approval 1. Reciprocal Access Agreement — Please provide a permanent access agreement granting irrevocable use of the adjacent property for use by 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 recorded agreement shall include a copy of the site plan. The agreement shall be recorded with the County of San Bernardino, Recorders Office. The Fire Construction Services Unit shall approve the agreement, prior to recordation. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 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. Printed 5/11/2017 Page 12 of 19 www.CityofRC us Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P667 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 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. 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. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 10. Prior to issuance of a grading permit 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. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. 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. 13. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 14. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 15. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. Printed 5/11/2017 Page 13 of 19 www.cityofRC.us Project ;7. DRC2016-00314 DRC2016-00964, DRC2016-00965, DRC2016-00966, P668 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 17. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 18. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 19. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 20. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 21. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 22. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 23. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. wmv.CityofRC.us Printed 5/11/2017 Page 14 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P669 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 24. The final project -specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. Printed 5/11/2017 Page 15 of 19 www.CityofRC.us Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P670 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 25. GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a. Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b. Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c. Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as '100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics), OR, by means of 5,000sqft or more of allowable space designated for parking purposes'). d. Unless adequate pre-treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or Tight industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10 -feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. The final project -specific Water Quality Management Plan shall specifically address items, b., c., and d. above. www.CityofRC.us Printed 5/11/2017 Page 16 of 19 Project : DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P671 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 26. This project shall comply with the accessibility requirements of the current adopted California Building Code. 27. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 28. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's ''Memorandum of Agreement of Storm Water Quality Management Pian" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 29. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 30. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 31. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 32. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 33. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". www.CityofRC.us Printed 5/11/2017 Page 17 of 19 Project #: DRC2016-00314 DRC2016-0J964, DRC2016-00965, DR02016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P672 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 35. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 36. Prior to issuance of a grading permit the applicant shall demonstrate that the storm water run-off will not adversely affect the downstream properties and that the water may legally discharge to the downstream properties. The engineer of record shall show on the final permitted grading and drainage plan one (1) or more of the following items are met: a) There is sufficient downstream capacity to accept the proposed storm water flows and that the downstream property owner have provided permission to accept the upstream storm water flows; b) a legal document/entity exists allowing developed storm water flows to be discharged to the property lower in elevation; c) a storm drain system to safely convey the storm water flows to a public storm drain system without causing flooding to adjacent property(ies). 37. A final project -specific Storm Water Quality Management Plan (WQMP) shall be approved by the Building and Safety Director, or his designee, 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 or any building permit. 38. The subject project, shall accept all existing off-site storm water drainage flows and safely convey those flows through or around the project site. If existing off-site storm water drainage flows mix with any on-site storm water drainage flows, then the off-site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 39. 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. www.CityofRC.us Printed 5/11/2017 Page 18 of 19 ,Project r: OPC2016-( 0314 DRC2016-00.2264, DF020'16-00965, DR02016-00 66. DRC2017-00032, DRC2017-00156 P673 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 40. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 41. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 42. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 43. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 44. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. www.CityofRC us Printed 5/11/2017 Page 19 of 19 P674 RESOLUTION NO. 17-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2016-00965, A REQUEST TO REMOVE 1 ON-SITE TREE RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 140 - UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of Tree Removal Permit DRC2016-00965 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application." 2. On the 10th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and continued said hearing to May 24, 2017. 3. On the 24th day of May 2017, the Planning Commission of the City of Rancho Cucamonga conducted the public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on May 10,and May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and a. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan; to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and b. A Targe specimen Canyon Live Oak tree is located at the southeast corner of the site that was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. Removal of the tree requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation ATTACHMFPJT a P675 PLANNING COMMISSION RESOLUTION NO. 17-33 TREE REMOVAL PERMIT DRC2016-00965 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA MAY 24, 2017 Page 2 Commission, a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965); and c. The project includes General Plan Amendment DRC2016-00964 will amend General Plan Figure LU -8 to remove the subject Canyon Live Oak tree from this figure. 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 removal of the tree is necessary due to the condition of the tree related to disease, danger of collapse, proximity to an existing structure, or interference with utility services. The applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved due to the declining health of the tree. b. The removal of the tree is necessary in order to construct improvements which will allow economic enjoyment of the property. The Tree Removal Permit is related to the development of a 140 unit affordable senior rental housing development on the project site. The subject tree is being removed due to the declining health of the tree. c. The removal of the tree will not negatively impact the neighborhood, the established character of the area and property values. The subject tree is being removed due to the health of the tree. Removal will not negatively impact the neighborhood as the tree will be replaced with a large specimen tree of the same species near the location of the tree being removed. d. The removal of the tree is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way. The removal of the subject tree is not necessary to construct public improvements. The trees is being removed due to the declining health of the tree. e. The trees cannot be preserved through pruning and proper maintenance or relocation. The arborist report submitted for the project (Borer: October 10, 2016) states that the subject tree is in systematic decline and shows numerous significant structural defects and recommends removal of the tree. f. The tree does not constitute a significant natural resource in the city. The subject tree was designated a Historic Landmark by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist (Jim Borer) and the City's on -staff arborist (Dean Rodia) have concluded that the tree cannot be preserved. g. Removal of the tree is not restricted by a Specific Plan, Community Plan or condition of approval. Because the subject tree was designated a Historic Landmark by the Historic Preservation Commission on October 21, 1987, its removal requires the approval of a Certificate of Appropriations, a Tree Removal Permit as well as a General Plan Amendment. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. h. Every effort has been made to incorporate the trees into the design of the project and the only appropriate alternative is the removal of the tree. The subject tree is in decline and applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. P676 PLANNING COMMISSION RESOLUTION NO. 17-33 TREE REMOVAL PERMIT DRC2016-00965 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA MAY 24, 2017 Page 3 i. The removal of the tree will not have a negative impact on the health, safety, or viability of surrounding trees, nor will it negatively impact the aesthetics or general welfare of the surrounding area. The project site is in an area with a large number of mature trees. With replacement of the subject tree with a large specimen tree of the same species, the long term aesthetic impact will be minimal. 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 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 recommends that the City Council adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission 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 and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Tree Removal Permit application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Approval is for the removal of 1 Canyon Live Oak tree (DRC2016-00965) for a site located the terminus of Firehouse Court and west of Day Creek Boulevard. —APN: 1089-031-36. P677 PLANNING COMMISSION RESOLUTION NO. 17-33 TREE REMOVAL PERMIT DRC2016-00965 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA MAY 24, 2017 Page 4 2) Approval for Tree Removal Permit DRC2016-00965 is contingent upon Planning Commission approval of Design Review DRC2016-00814, Historic Preservation Commission approval of Certificate of Appropriateness DRC2016-00966 and City Council approval of General Plan Amendment DRC2016-00964 and Density Bonus Agreement DRC2017-00156. 3) Approval is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impact for the project and the Mitigation Monitoring Program and all mitigations contained therein. 4) Plant a 72 -inch box size Canyon Live Oak Tree in the location shown on the on the Landscape Plan in file for Design Review DRC2016-00814. Adequate provisions for deep irrigation of the tree shall be shown on the Landscape Plan. 5) 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 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: rancisco Oaxaca, Chairman a E,,,,,,4 Cand = : urnett, Secretary I, Candyce Burnett, 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 24th day of May 2017, by the following vote -to -wit: P678 PLANNING COMMISSION RESOLUTION NO. 17-33 TREE REMOVAL PERMIT DRC2016-00965 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA MAY 24, 2017 Page 5 AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE RANCI I() CUCA.,IONG., Conditions of Approval Community Development Department Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P679 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. 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 shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers, consistent with manufacturers" standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptor nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site. Interior: 4) All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. 5) All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths inch thick. 6) At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. 7) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one inch thick. Ceilings shall be well fitted, fully sealed gypsum board of a least a rating of R-19 shall be used in the attic space. 8) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and sill receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system shall be proved which satisfies the requirement of the Uniform Building Code. 9) Prior to approval of building permits, a letter from an acoustic engineer shall be submitted verifying conformance to the interior noise mitigation measures. 10) Prior to final approval by the Planning Department, an acoustic engineer shall be submitted verifying implementation of the interior mitigation measures. 2. A 70 -inch box size Canyon live oak shall be planted on the project site to the west of the existing Canyon live oak tree to be removed. www.CityofRC.us Prnted 5/11/2017 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P680 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. A Gabrieleno Band of Mission Indians — Kizh Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Standard Conditions of Approval 4. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 5. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 6. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or Tess. 7. 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. 8. 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. 9. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 11. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 12. 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. www.CityofRC.us Printed: 5/11/2017 Page 2 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P681 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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. 14. 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. 15. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, 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. 16. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 17. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 18. 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. www.CityofRC.us Printed. 5/11/2017 Page 3 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P682 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 19. 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. 20. 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. 21. 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. 22. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 23. 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. 24. 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. 25. Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developers shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 26. The perimeter block wall shall be constructed as early as possible in the first phase. www.CityofRC.us Printed: 5/11/2017 Page 4 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P683 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 27. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 28. 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. 29. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. www.CityofRC.us Printed: 5/11/2017 Page 5 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P684 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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 Archaeological Information Center for permanent archiving. 31. 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. 32. 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. 33. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 34. 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. 35. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 36. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 37. Trucks shall not idle continuously for more than 5 minutes. 38. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. www.CityofRC.us Printed: 5/11/2017 Page 6 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P685 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 39. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.CityofRC.us Printed: 5/11/2017 Page 7 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P686 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 40. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 41. 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. www.cityofRC.us Printed: 5/11/2017 Page 8 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 P687 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 42. 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. 43. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 44. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 45. Construction should be timed so as not to interfere with peak -hour traffic. 46. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 47. Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 48. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. 49. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 50. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste, in public areas. Educate employees about reducing waste and about recycling. www.CityofRC us Printed. 5/11/2017 Page 9 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P688 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 51. 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. 52. 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. 53. 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. 54. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 55. Provide preferential parking to high occupancy vehicles and shuttle services. 56. Schedule truck deliveries and pickups during off-peak hours. 57. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 58. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 59. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 60. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. Engineering Services Department Please be advised of the following Special Conditions www.CityofRC.us Printed' 5/11/2017 Page 10 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 P689 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Firehouse Court frontage improvements: a. Remove existing cobblestones on the parkway and install street trees per City Standards. b. The drive approach shall have a minimum width of 35 feet, per City Standard 101, Type C. c. Protect or replace existing curb and gutter, sidewalk, street lights, signing and striping as required. d. The street light on Firehouse Court shall be relocated due to the location of the curb return of the commercial drive approach. e. If an entry gate is proposed, it shall be in accordance with the City "Residential Project Gated Entrance Design Guide" standard. 2. Development Impact Fees are assessed at the time of building permit issuance. 3. The proposed development is slated to be included in the City's Fiber Optic / Broadband service business plan that would provide a City owned Fiber -to -the -Home (FTTH) infrastructure. Proposed fiber optics on-site (conduits and fiber) will be placed underground within a duct and structure system to be installed by the Master Developer. The fiber and conduits along the backbone streets shall be installed in a joint trench by the developer as the last lane improvements are completed . In -tract fiber and conduit shall be installed by the developers in joint trench where possible. Maintenance of the installed system will be the responsibility of the City. Development of the Project requires the installation by the developers of all fiber optic infrastructure necessary to service the Project as a stand-alone development. In addition, developer shall coordinate with RCMU which may provide for high-speed Internet services. 4. The Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 5. Obtain approval from Sanbag regarding the proposed access to the Pacific Electric Trail, prior to issuance of building permit. Standard Conditions of Approval 6. 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 issuance of Building Permits. Formation costs shall be borne by the developer. www.CityofRC.us Printed: 5/11/2017 Page 11 of 19 Project #: 0RC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING P690 Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 7. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. Fire Prevention / New Construction Unit Standard Conditions of Approval 1. Reciprocal Access Agreement — Please provide a permanent access agreement granting irrevocable use of the adjacent property for use by 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 recorded agreement shall include a copy of the site plan. The agreement shall be recorded with the County of San Bernardino, Recorders Office. The Fire Construction Services Unit shall approve the agreement, prior to recordation. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 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. www.CityofRC.us Printed: 5/11/2017 Page 12 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P691 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 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. 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. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 10. Prior to issuance of a grading permit 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. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. 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. 13. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 14. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 15. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. www.CityofRC.us Printed: 5/11/2017 Page 13 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance P692 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 17. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 18. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 19. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 20. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 21. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 22. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 23. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. www.CityofRC.us Printed: 5/11/2017 Page 14 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance P693 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 24. The final project -specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. www.CityofRC.us Printed 5/11/2017 Page 15 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P694 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 25. GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a. Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b. Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c. Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking Tots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as '100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics), OR, by means of 5,000sqft or more of allowable space designated for parking purposes'). d. Unless adequate pre-treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10 -feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. The final project -specific Water Quality Management Plan shall specifically address items, b., c., and d. above. www.CityofRC.us Printed: 5/11/2017 Page 16 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P695 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 26. This project shall comply with the accessibility requirements of the current adopted California Building Code. 27. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 28. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 29. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 30. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 31. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 32. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 33. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". www.CityofRC.us Printed 5/11/2017 Page 17 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P696 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 35. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 36. Prior to issuance of a grading permit the applicant shall demonstrate that the storm water run-off will not adversely affect the downstream properties and that the water may legally discharge to the downstream properties. The engineer of record shall show on the final permitted grading and drainage plan one (1) or more of the following items are met: a) There is sufficient downstream capacity to accept the proposed storm water flows and that the downstream property owner have provided permission to accept the upstream storm water flows; b) a legal document/entity exists allowing developed storm water flows to be discharged to the property lower in elevation; c) a storm drain system to safely convey the storm water flows to a public storm drain system without causing flooding to adjacent property(ies). 37. A final project -specific Storm Water Quality Management Plan (WQMP) shall be approved by the Building and Safety Director, or his designee, 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 or any building permit. 38. The subject project, shall accept all existing off-site storm water drainage flows and safely convey those flows through or around the project site. If existing off-site storm water drainage flows mix with any on-site storm water drainage flows, then the off-site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 39. 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. www.CityofRC.us Printed 5/11/2017 Page 18 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, P697 DRC2017-00032, DRC2017-00156 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 40. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 41. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 42. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 43. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 44. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. www.CityofRC.us Printed: 5/11/2017 Page 19 of 19 P698 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 24, 2017 TO: Chairman and Members of the Historic Preservation Commission FROM: Candyce Burnett, City Planner( INITIATED BY: Tabe van der Zwaag, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CERTIFICATE OF APPROPRIATENESS DRC2016-00966 - NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA - A request to remove an on-site tree that has been determined to be a Designated Local Landmark related to the site plan and architectural review of a 140 -unit, affordable senior housing development on 4 acres of land within the Low -Medium (LM) District (4 — 8 dwelling units per acre) of the Victoria Planned Community, located at the terminus of Firehouse Court and west of Day Creek Boulevard. APN: 1089-031-36. Related records: General Plan Amendment DRC2016-00964, Design Review DRC2016-00814, Density Bonus Agreement DRC2017-00156, Variance DRC2017- 00032 and Tree Removal Permit DRC2016-00965. Staff has prepared a Mitigated Ne=ative Declaration of environmental im•acts for consideration. BACKGROUND: This item was previously scheduled for a Historic Preservation Commission public hearing on May 10, 2017. On the day of the hearing, the Planning Department received a letter (Exhibit M) from the California Department of Fish and Wildlife (CDFW) in response to the project's proposed Mitigated Negative Declaration that was circulated on April 3, 2017. The letter provided comments and recommendations relating to the Biological Resources section of the Mitigated Negative Declaration. Staff requested a continuance to allow the applicant the time to adequately prepare a response to CDFW's comments/recommendations. These comments and recommendations are discussed in further detail within the Environmental Assessment section below. The applicant and the applicant's biologist have since worked with staff and submitted a response that addresses the concerns described in the letter. RECOMMENDATION: Staff recommends the Historic Preservation Commission take the following actions: • Recommend the City Council adopt the Mitigated Negative Declaration of environmental impacts. • Approve Certificate of Appropriateness DRC2016-00966. BACKGROUND: The related General Plan Amendment DRC2016-00964, Design Review DRC2016-00814, Density Bonus Agreement DRC2017-00156, Variance DRC2017-00032 and Tree Removal Permit will be reviewed by the Planning Commission on the same meeting date. PROJECT AND SITE DESCRIPTION: A. Project Density: 35 dwelling units per acre. ATTACHMENT 7 HISTORIC PRESERVATION COMMISSION STAFF REPORT CERTIFICATE OF APPROPRIATENESS DRC2016-00966 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 2 B. Surrounding Land Use and Zoning: North - Pacific Electric Trail & Single -Family Residences; Low (LM) District (8 —14 dwelling units per acre), Victoria Community Plan South Approved Commercial Center; Village Commercial (VC) District, Victoria Community Plan East Single -Family Residences; Low (L) District (8 — 14 dwelling units per acre), Victoria Community Plan West San Bernardino County Flood Control District Maintenance Yard; Low Medium (LM) District (8 — 14 dwelling units per acre) & Flood Control/Utility Corridor C. General Plan Designations: Project Site - Low Medium (LM) North - Low Medium (LM) South - Neighborhood Commercial (NC) East - Low Medium (LM) West - Low Medium (LM) & Utility Corridor (UC) D. Site Characteristics: The project site is generally rectangular in shape and is approximately 340 feet from east to west and 600 feet from north to south. The site drains roughly from north to south, with a grade change of approximately 10 feet from the north to south property lines. The site is highly disturbed with a total vegetation cover of approximately 60 percent. There is a large specimen Canyon Live Oak tree located at the southeast corner of the site. ANALYSIS: A. General: The related projects are for the development of a 140 -unit, affordable senior rental housing project on 4 acres of land at the terminus of Firehouse Court and west of Day Creek Boulevard. A large specimen Canyon Live Oak tree located at the southeast corner of the project site was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. Removal of the tree requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965). Staff supports the removal of the tree due to the tree's declining condition. The applicant will plant a 72 -inch box size Canyon Live Oak tree to replace the existing tree. B. Certificate of Appropriateness: In 1987 the Historic Preservation Commission recommended the Canyon Live Oak tree be designated as a Historic Landmark. The original application for designation was requested by Rober L. Hickcox, a local resident and noted expert on the history of Etiwanda. At the time of the request, the native oak was 13 feet, 10 inches in circumference at a point of 3 feet above the ground with a spread of 66 feet. This was comparable in size to the large Sycamore in front of the Sycamore Inn and also to the Majestic Oak found in the Rancho Santa Ana Botanic Garden in Claremont. The experts at the time estimated its age at over 100 years. They surmised that because this variety was typically found growing along the edges of the foothills, the seed may have washed from the foothill area to this location during winter rains. The recommendation for designation was approved based upon the age, size and community/cultural significance of the tree. P699 HISTORIC PRESERVATION COMMISSION STAFF REPORT CERTIFICATE OF APPROPRIATENESS DRC2016-00966 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 3 Development Code Section 17.16.080 (Tree Removal Permit) requires that removal of a tree that was previously designated as a Historic Landmark shall include the approval of a Certificate of Appropriateness by the Historic Preservation Commission. The Certificate of Appropriateness will remove the Historic Landmark designation from the subject Canyon Live Oak tree due to the declining health of the subject tree. A condition of approval has been added requiring the developer to install a plaque commemorating the historic tree. C. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study (IS) 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, Greenhouse Gas Emissions, Agricultural Resources, Cultural Resources, Air Quality, Geology and Soils, Hydrology and Water Quality, and Noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared and was circulated on April 3, 2017. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration at a Historic Preservation/Planning Commission hearing that was scheduled for May 10 2017. Because of a letter (Exhibit M) received on May 10, 2017 from the California Department of Fish and Wildlife (CDFW), the Planning Department requested a continuance to the next Historic Preservation/Planning Commission hearing date of May 24, 2017 to allow the applicant the time to prepare a response to the concerns described in the letter. The applicant and their consultant (LSA) have worked with staff to address CDFW's concerns, which includes the project's potential to impact sensitive species and natural communities. Below is a summary of each of CDFW's concerns, followed by LSA's response to those concerns. CDFW Comment #1. Sensitive Plant and Animal Species: CDFW raised concerns that the Initial Study (IS) identifies several special -status wildlife species with potential to occur on the project site, including Coast horned lizard, northwestern San Diego pocket mouse, and San Diego desert wood rat, but states that there is a low likelihood for these species to occur due to the habitat conditions on site. The IS further states that no small mammal burrows were observed on site. CDFW is concerned that the IS fails to identify the potential for the Los Angeles pocket mouse (LAPM) to occur onsite, particularly as the United States Fish and Wildlife Service has documented the occurrence of LAPM within close proximity to the project site. The IS also identifies special status plant species with potential to occur on the project site, including Parry's spineflower and mesa horkelia. However, despite the identification of suitable vegetation and/or soils, focused botanical surveys of the project area were not completed. Instead, the IS/MND concludes that because the site is disturbed, there is a low likelihood of these species being present. The LSA letter report (page 5) also concludes that "due to the small size of the proposed project site, existing disturbances, and• proximity to surrounding development, impacts to these sensitive species are not considered significant." LSA Response to Comment #1: LSA maintains that the habitat on site is considered to be of low value for the subject species because the site is small in size (4 acres), has previously been subjected to onsite activities resulting in the degradation of native vegetation diversity and quality, and is isolated from other similar habitats in the region as a result of extensive surrounding P700 P701 HISTORIC PRESERVATION COMMISSION STAFF REPORT CERTIFICATE OF APPROPRIATENESS DRC2016-00966 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 4 development. Review of historical aerials from as early as 2004 (Google Earth) shows the site has intermittently been subjected to repeated ground disturbance and clearing of vegetation, and is isolated from fluvial events as a result of development and the channelization of Day Creek. As a result, native vegetation diversity has been altered. A re-evaluation of the project site was conducted by LSA Senior Biologist/Botanist, Stanley Spencer on May 12, 2017, between the hour of 8:30 am and 12:30 pm. During the site visit, Mr. Spencer conducted a focused rare plant survey for listed species and bloom periods. No sensitive plant species were observed and considered absent from the project site. Mr. Spencer also searched for sensitive animal species. No sensitive animal species or small mammal burrows were observed. However, because a trapping study and focused survey for other sensitive species (e.g., Coast horned lizard) were not conducted, it is very unlikely that individual sensitive animal species occur on the project site. Although a few individual sensitive animal species are very unlikely to occur on the project site, the project site would not support their long term, continued existence because habitat on site is considered to be of low value for the sensitive species due to the reasons described above and as detailed in the response to the following comment below. Therefore, potential impacts to sensitive animal species are not considered significant under CEQA. CDFW Comment 2. Impacts to Sensitive Natural Communities [Alluvial Fan Sage Scrub] and Lack of City Mitigation Strategy/Conservation Program: The LSA letter report states that the project site supports two primary vegetation communities, one of which includes the presence of scale broom (Lepidospartum squamatum). The letter report, however, incorrectly classifies the community as California buckwheat scrub. Sawyer et al. (2009) has categorized vegetation communities with the presence of >1 % cover of Lepidospartum squamatum as scale broom scrub. Based on the presence of scale broom within the project site the Department has determined that this vegetation community is likely classified as Lepidospartum alliance, and not Buckwheat scrub. Scale broom scrub has an overall rarity ranking of G3 S3, with some associations within the scale broom scrub alliance (i.e., Riversidean alluvial fan sage scrub) as rare as G1 S1 .1. The Department considers all associations with state ranks of S1 -S3 to be highly imperiled. Based on cumulative impacts within the immediate vicinity of this project site APN 1089-031-37[10.18 acres], located immediately south is currently under development; and APN 1090-331-05 [31.99 acres] located south of Base Line Road is proposed for development under the City's "Day Creek Square" project [SCH No. 2017051019]), the Department considers the removal of up to 4 acres of alluvial fan scale broom scrub to be a significant impact (the LSA letter report fails to quantify the acreage of Lepidospartum alliance). LSA Response to Comment #2: As originally determined during the field visit in October 2016, and subsequently reconfirmed during the May 12, 2017 site revisit, hairy yerba santa (Eriodictyon trichocalyx) and California buckwheat (Eriogonum fasciculatum) are the dominant plant species occurring on the proposed project site. This can be attributed to historical disturbances occurring onsite as well as related to surrounding development, isolation from larger blocks of native habitat, and the lack of active soil transport on the site. Neither of these dominant plant species is intrinsically rare or valuable. P702 HISTORIC PRESERVATION COMMISSION STAFF REPORT CERTIFICATE OF APPROPRIATENESS DRC2016-00966 COMMUNITY RENAISSANCE OF CALIFORNIA May 24, 2017 Page 5 Subsequently, LSA maintains the habitat onsite is best categorized as a monotypic stand of hairy yerba santa and as California buckwheat scrub (Eriogonum fasciculatum Shrubland Alliance). The hairy yerba santa and California buckwheat scrub habitats found on site are not considered suitable for the long term preservation of the non -listed sensitive species discussed in the response to Comment 1 above. Again, the habitat found onsite lacks connectivity with Alluvial Fan Sage Scrub habitat in the region by extensive development, and preservation of the habitat on this site would not contribute to the conservation effort of larger blocks of Alluvial Fan Sage Scrub habitat in the region. Thus, impacts to the habitats and anv associated special status species potentially present, are not considered significant under CEQA. Staff Comments to LSA's Responses: Staff has reviewed LSA's responses to the issued raised by California Department of Fish and Wildlife and their conclusion that the impacts to special status animal species and their habitat are not considered significant under CEQA. Based on this finding, staff concludes that the original determination made in the Initial Study, which was circulated on April 3, 2017, is adequate and that no changes or additional mitigations measures are necessary to address the issues raised by CDFW. CEQA Section 15073.5 (Recirculation of a Negative Declaration Prior to Adoption) states that recirculation of the Initial Study is not required when new information is added to the mitigated negative declaration which merely clarified, amplifies or makes insignificant modifications to the negative declaration. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the project, the project is consistent with the goals and policies of the General Plan and the objectives of the Development Code. FISCAL IMPACT: The project site currently is assessed an annual property tax. A percentage of this annual tax is shared with the City. The proposed related development under review by the Planning Commission will increase the value of the project site and the City's annual share of the property tax will increase accordingly. The project proponent also will be responsible for paying one- time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. No correspondence has been received in response to these notices. EXHIBITS: Exhibit A - Photo of Subject Tree Exhibit B — Letter from the California Department of Fish and Wildlife (CDFW) dated May 10, 2017 Exhibit C — Response letter from LSA to CDFW comments dated May 17, 2017 Draft Resolution of Approval for Certificate of Appropriateness DRC2016-00966 CB:TV/Is EXHIBIT A i CALIFORNIA fid"' WILDLIFE State of California — Natural Resources Agency EDMUND G. BROWN JR., Governor CHARLTON H. BONHAM, Director DEPARTMENT OF FISH AND WILDLIFE Inland Deserts Region 3602 Inland Empire Boulevard, Suite C-220 Ontario, CA 91764 Sacramento, CA 95814 www.wildlife.ca.4ov May 10, 2017 Sent via email Mr. Tabe van der Zwaag City of Rancho Cucamonga Planning Department PO Box 807 Rancho Cucamonga, CA 91729 tobe.vanderzwaaq(cityofrc.us Subject: Initial Study with Proposed Mitigated Negative Declaration Day Creek Senior Villas Project State Clearinghouse No. 2017041029 Dear Mr. van der Zwaag: The Department of Fish and Wildlife (Department) appreciates the opportunity to comment on the Initial Study and proposed Mitigated Negative Declaration (IS/MND) for the Day Creek Senior Villas Project (project) [State Clearinghouse No. 2017041029]. The Department is responding to the IS/MND as a Trustee Agency for fish and wildlife resources (California Fish and Game Code Sections 711.7 and 1802, and the California Environmental Quality Act [CEQA] Guidelines Section 15386), and as a Responsible Agency regarding any discretionary actions (CEQA Guidelines Section 15381), such as the issuance of a Lake or Streambed Alteration Agreement (California Fish and Game Code Sections 1600 et seq.) and/or a California Endangered Species Act (CESA) Permit for Incidental Take of Endangered, Threatened, and/or Candidate species (California Fish and Game Code Sections 2080 and 2080.1). The project proposes the development of a 140 -unit multiple -family housing project on four acres located west of Day Creek Boulevard, at the terminus of Firehouse Court in the City of Rancho Cucamonga, County of San Bernardino; within Assessor Parcel Number (APN): 1089-031-36. COMMENTS AND RECOMMENDATIONS The Department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of those species (i.e., biological resources); and administers the Natural Community Conservation Planning Program (NCCP Program). The Department offers the comments and recommendations presented below to assist the City of Rancho nserving CaCfornia's (Wildlife Since 1870 H Pc. sli y EXHIBIT B Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 2 Cucamonga (City; the CEQA lead agency) in adequately identifying and/or mitigating the project's significant, or potentially significant, impacts on biological resources. Biological Resources and Impacts Following review of the IS and MND, the Department is concerned by the lack of biological analysis included in the IS, and recommends that the IS and MND be revised to include a thorough and detailed analysis of the project's potential impacts on biological resources, and recirculated for further public review pursuant to CEQA Guidelines section 15073.5. We offer the comments and recommendations presented below to assist the City in adequately identifying and mitigating the project's significant, or potentially significant, impacts on biological resources: Special Status Wildlife Species The IS identifies several special -status wildlife species with potential to occur on the project site, including Coast horned lizard, northwestern San Diego pocket mouse, and San Diego desert wood rat, but states that there is a low likelihood for these species to occur due to the habitat conditions on site. The IS further states that no small mammal burrows were observed on site. Given that the LSA letter report "Results of Biological Resources Assessment Survey for the Day Creek Villas Affordable Senior Apartments Project (LSA Project No. NCO1601)" dated October 27, 2016, states that the general biological resources survey was conducted for a total period of only 50 minutes (between 11:30 AM and 12:20 PM on October 19, 2016) the Department questions the adequacy of the pedestrian survey and whether the entire project site was appropriately assessed for the presence of sensitive species. The Department is also concerned that the IS fails to identify the potential for Los Angeles pocket mouse (LAPM) to occur onsite, particularly as the United States Fish and Wildlife Service has documented the occurrence of LAPM within close proximity to the project site. Given the limited assessment completed onsite, and the documented occurrence of LAPM within close proximity, the Department recommends the completion of focused special -status species surveys, including small mammal trapping surveys. A 50 -minute walk -over of a project site does not represent an adequate biological assessment, and the Department is concerned with the City's determination that no focused surveys are warranted. The Department requests that appropriate focused, species-specific surveys be conducted prior to recirculation of the CEQA document, and that the revised and recirculated document include the survey results. The revised document should also contain a thorough and detailed analysis of the project's potential direct, indirect, and cumulative impacts on biological resources, and appropriately specific, adequate, feasible, and enforceable mitigation measures to reduce the potential impacts to a level that is less than significant. To assist with review, an accompanying map or maps showing the areas of impact and any proposed mitigation locations should also be included. If special -status species are discovered on-site, the Department is available to P705 Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 3 assist the City in identifying appropriate mitigation measures prior to recirculating the CEQA document. Special Status Plant Species The IS also identifies special status plant species with potential to occur on the project site, including Parry's spineflower and mesa horkelia. However, despite the identification of suitable vegetation and/or soils, focused botanical surveys of the project area were not completed. Instead, the IS/MND concludes that because the site is disturbed, there is a low likelihood of these species being present. The LSA letter report (page 5) also concludes that "due to the small size of the proposed project site, existing disturbances, and proximity to surrounding development, impacts to these sensitive species are not considered significant." Because the IS/MND fails to fully evaluate the potential presence of these species within the project area, the Department finds the City's aforementioned conclusions to be flawed. Further, mesa horkelia, and Parry's spineflower are listed as California Native Plant Society (CNPS) 1B.1 species, meaning that they are seriously endangered in California. The CNPS states that CNPS 1 B.1 species "meet the definitions of the California Endangered Species Act of the California Department of Fish and Game Code, and are eligible for state listing. Impacts to these species or their habitat must be analyzed during preparation of environmental documents relating to CEQA, or those considered to be functionally equivalent to CEQA, as they meet the definition of Rare or Endangered under CEQA Guidelines §15125; (c) and/or §15380." In order to provide a complete description of the baseline condition of the project area the Department recommends that focused surveys following the Department's 2009 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Communities be conducted during the appropriate times of year, and that the results of this assessment be included in the CEQA document prior to adoption of the MND. If special -status plant populations are observed, the MND should include appropriate avoidance, minimization, and/or mitigation measures to address potential impacts. Alluvial Scrub Habitat The LSA letter report states that the project site supports two primary vegetation communities, one of which includes the presence of scale broom (Lepidospartum squamatum). The letter report, however, incorrectly classifies the community as California buckwheat scrub. Sawyer et al. (2009) has categorized vegetation communities with the presence of >1 % cover of Lepidospartum squamatum as scale broom scrub. Based on the presence of scale broom within the project site the Department has determined that this vegetation community is likely classified as Lepidospartum alliance, and not Buckwheat scrub. Scale broom scrub has an overall rarity ranking of G3 S3, with some associations within the scale broom scrub alliance P7O6 Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 4 (i.e., Riversidean alluvial fan sage scrub) as rare as G1 S1.1. The Department considers all associations with state ranks of S1 -S3 to be highly imperiled. Based on cumulative impacts within the immediate vicinity of this project site (APN 1089-031-37 [10.18 acres], located immediately south is currently under development; and APN 1090-331-05 [31.99 acres] located south of Base Line Road is proposed for development under the City's "Day Creek Square" project [SCH No. 2017051019]), the Department considers the removal of up to 4 acres of alluvial fan scale broom scrub to be a significant impact (the LSA letter report fails to quantify the acreage of Lepidospartum alliance). In order to reduce the impacts to alluvial fan scale broom scrub to a level that is less than significant, the Department recommends that the City require the project proponent to purchase, conserve in perpetuity, and enhance/restore similar habitat within the watershed. While the amount (acreage) of habitat that is appropriate will vary based on the location of the proposed mitigation area, the amount and type of enhancement and/or restoration proposed, and whether (a) the project site and (b) the proposed mitigation site is occupied by special -status species, the Department recommends that the mitigation site include no less than twelve acres of alluvial fan scale broom scrub. A higher acreage may be warranted if the proposed mitigation site requires little enhancement, is located far away from the project site (i.e., within a separate watershed), is not occupied by or available to special status species, and/or possesses other attributes that diminish its long term conservation value. The Department is available to assist the City in evaluating the proposed mitigation prior to the document's recirculation. Lack of City Mitigation Strategy/Conservation Program The Department is concerned by the cumulative impacts to Lepidospartum alliance habitat and associated species assemblages within the City's sphere of influence. Urban development has resulted in alluvial sage scrub to become eliminated or isolated to stands along streams and outwashes on major alluvial fans throughout much of Rancho Cucamonga. Even degraded or isolated patches of alluvial scrub vegetation still retain a distinct characteristic given their relation to flood -deposited alluvia and the species associated with this habitat type. Multiple species occurrences have been mapped within this habitat type in Rancho Cucamonga using GIS by the United States Fish and Wildlife Service (USFWS). The database was initially created to map locations of federally threatened and endangered species which require a survey report under Section 10 of the Endangered Species Act. Recently, the database has been expanded to include a few other species of interest, including the Los Angeles pocket mouse, a California Species of Special Concern (CSSC). Section § 15380 of the CEQA Guidelines clearly indicates that species of special concern should be included in an analysis of project impacts. Using the USFWS GIS data, it was determined that since 1997, 19 known LAPM occurrences have been recorded within the Day and Etiwanda Creek watershed between Interstate 10 and P7O7 Mitigated Negative Declaration Day Creek Senior Villas Project SCH No. 2017041029 Page 5 Wilson Avenue. Of the 19 sites, 14 have been developed, one (1) is proposed for commercial buildings, and three (3) remain open space but may have various maintenance commitments (e.g. Burlington Northern, Southern California Edison, and San Bernardino County Flood Control District). The MND does not include survey data indicating whether the above -listed species occurs on-site, an analysis of the number of individuals expected to occupy the site, or an estimation of the local and regional population of the species. Focused species- specific surveys, completed by a qualified biologist and conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Please provide a cumulative effects analysis developed as described under CEQA Guidelines § 15130 and if appropriate, a detailed mitigation proposal to offset the temporal, permanent, and cumulative impacts to this species. The Department also recommends expanding the cumulative effects analysis to include impacts to Lepidospartum alliance habitat within the City's sphere of influence. Finally, the Department recommends that the City develop and implement a comprehensive mitigation/conservation strategy as soon as possible to offset the continuing loss of these sensitive public trust resources. Department Conclusions and Further Coordination The Department appreciates the opportunity to comment on the IS/MND for the City Creek Senior Villas Project (SCH No. 2017041029), and we request that the City of Rancho Cucamonga address the Department's comments and concerns prior to adoption of the MND. If you should have any questions pertaining to the comments provided in this letter, please contact Joanna Gibson at (909) 987-7449 or at ioanna.gibsontwildlife.ca.gov. Sincerely, r e V a Nair Regional Manager Literature Cited Sawyer, J. O., T. Keeler -Wolf, and J. M. Evens. 2009. A manual of California Vegetation, 2nd ed. California Native Plant Society Press, Sacramento, California. http://vegetation.cnps.org/ P708 LSA MEMORANDUM DATE: To: FROM: SUBJECT: May 17, 2017 Tabe Van Der Zwaag, City of Rancho Cucamonga Claudia Bauer, LSA Response to California Department of Fish and Wildlife Comments on the Initial Study/Mitigated Negative Declaration Day Creek Senior Villas Project State Clearinghouse No. 2017041029 P709 BERKELEY CARLSBAD FRESNO IRVINE L05 ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO The following provides responses to comments received from the California Department of Fish and Wildlife (CDFW) in a letter dated May 10, 2017, addressed to the City of Rancho Cucamonga (City.) CDFW Comment 1. Sensitive Plant and Animal Species. The Initial Study (1S) identifies several special -status wildlife species with potential to occur on the project site, including Coast horned lizard, northwestern San Diego pocket mouse, and San Diego desert wood rat, but states that there is a low likelihood for these species to occur due to the habitat conditions on site. The IS further states that no small mammal burrows were observed on site. Given that the LSA letter report "Results of Biological Resources Assessment Survey for the Day Creek Villas Affordable Senior Apartments Project (LSA Project No. NC01601 )"dated October 27, 2016, states that the general biological resources survey was conducted for a total period of only 50 minutes (between 11 :30 AM and 12:20 PM on October 19, 2016) the Department questions the adequacy of the pedestrian survey and whether the entire project site was appropriately assessed for the presence of sensitive species. The Department is also concerned that the IS fails to identify the potential for Los Angeles pocket mouse (LAPM) to occur onsite, particularly as the United States Fish and Wildlife Service has documented the occurrence of LAPM within close proximity to the project site. Given the limited assessment completed onsite, and the documented occurrence of LAPM within close proximity, the Department recommends the completion of focused special -status species surveys, including small mammal trapping surveys. A 50 -minute walk -over of a project site does not represent an adequate biological assessment, and the Department is concerned with the City's determination that no focused surveys are warranted. The Department requests that appropriate focused, species-specific surveys be conducted prior to recirculation of the CEQA document, and that the revised and recirculated document include the survey results. The revised document should also contain a thorough and detailed analysis of the project's potential direct, indirect, and cumulative impacts on biological resources, and appropriately specific, adequate, feasible, and enforceable mitigation measures to reduce the potential impacts to a level that is less than significant. To assist with review, an accompanying map or maps showing the areas of impact and any proposed mitigation locations should also be included. If special -status species are discovered on-site, the Department is available to assist the City in identifying appropriate mitigation measures prior to recirculating the CEQA document. yvc 5/Zy EXHIBIT C venue, Suite 200, Riverside, California 92507 951.781.9310 www.lsa.net LSA The IS also identifies special status plant species with potential to occur on the project site, including Parry's spineflower and mesa horkelia. However, despite the identification of suitable vegetation and/or soils, focused botanical surveys of the project area were not completed. Instead, the IS/MND concludes that because the site is disturbed, there is a low likelihood of these species being present. The LSA letter report (page 5) also concludes that "due to the small size of the proposed project site, existing disturbances, and• proximity to surrounding development, impacts to these sensitive species are not considered significant." Because the IS/MND fails to fully evaluate the potential presence of these species within the project area, the Department finds the City's aforementioned conclusions to be flawed. Further, mesa horkelia, and Parry's spineflower are listed as California Native Plant Society (CNPS) 1 B.1 species, meaning that they are seriously endangered in California. The CNPS states that CNPS 1 B.1 species "meet the definitions of the California Endangered Species Act of the California Department of Fish and Game Code, and are eligible for state listing. Impacts to these species or their habitat must be analyzed during preparation of environmental documents relating to CEQA, or those considered to be functionally equivalent to CEQA, as they meet the definition of Rare or Endangered under CEQA Guidelines §15125; (c) and/or §15380." In order to provide a complete description of the baseline condition of the project area the Department recommends that focused surveys following the Department's 2009 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Communities be conducted during the appropriate times of year, and that the results of this assessment be included in the CEQA document prior to adoption of the MND. If special -status plant populations are observed, the MND should include appropriate avoidance, minimization, and/or mitigation measures to address potential impacts. Response. LSA maintains that the habitat on site is considered to be of low value for the subject species because the site is small in size (4 acres), has previously been subjected to onsite activities resulting in the degradation of native vegetation diversity and quality, and is isolated from other similar habitats in the region as a result of extensive surrounding development. Review of historical aerials from as early as 2004 (Google Earth) shows the site has intermittently been subjected to repeated ground disturbance and clearing of vegetation, and is isolated from fluvial events as a result of development and the channelization of Day Creek. As a result, native vegetation diversity has been altered. A re-evaluation of the project site was conducted by LSA Senior Biologist/Botanist, Stanley Spencer on May 12, 2017 between the hour of 8:30 am and 12:30 pm. During the site visit, Mr. Spencer conducted a focused rare plant survey for listed species and bloom periods. No sensitive plant species were observed and considered absent from the project site. Mr. Spencer also searched for sensitive animal species. No sensitive animal species or small mammal burrows were observed. However, because a trapping study and focused survey for other sensitive species (e.g., Coast horned lizard) were not conducted, a few individual sensitive animal species may occur on the project site. 5/17/17 (R:\NCO1601\Response to Comments \Response to Comments_CDFW 051017 revised 051717_final.doa) 2 P710 LSA Although a few individual sensitive animal species may occur on the project site, the project site would not support their long term, continued existence because habitat on site is considered to be of low value for the sensitive species due to the reasons described above and as detailed in the response to the following comment below. Therefore, potential impacts to sensitive animal species are not considered significant under CEQA. Please note, in most cases it is not standard practice to estimate specific numbers of individuals of lower level special -status species in CEQA documents. Such estimates are sometimes, but not always made for listed or endangered species, or some plant populations where it is practical to generate that information. Furthermore, it is not necessary or particularly helpful to provide such detailed information to decision makers in cases such as this one. The description provided in this case is considered adequate. Existing and developing regional habitat conservation plans including the Upper Santa Ana River Wash Habitat Conservation Plan, North Fontana Interim MSHCP Policy and other local conservation and preservation plans (e.g., City of Rancho Cucamonga General Plan) are designed for the long- term conservation of these and other species associated with viable RASS habitat. CDFW Comment 2. Impacts to Sensitive Natural Communities [Alluvial Fan Sage Scrub] and Lack of City Mitigation Strategy/Conservation Program. The LSA letter report states that the project site supports two primary vegetation communities, one of which includes the presence of scale broom (Lepidospartum squamatum). The letter report, however, incorrectly classifies the community as California buckwheat scrub. Sawyer et al. (2009) has categorized vegetation communities with the presence of >1 % cover of Lepidospartum squamatum as scale broom scrub. Based on the presence of scale broom within the project site the Department has determined that this vegetation community is likely classified as Lepidospartum alliance, and not Buckwheat scrub. Scale broom scrub has an overall rarity ranking of G3 S3, with some associations within the scale broom scrub alliance (i.e., Riversidean alluvial fan sage scrub) as rare as G1 51 .1. The Department considers all associations with state ranks of Sl -S3 to be highly imperiled. Based on cumulative impacts within the immediate vicinity of this project site APN 1089-031-37[10.18 acres], located immediately south is currently under development; and APN 1090-331-05 [31.99 acres] located south of Base Line Road is proposed for development under the City's "Day Creek Square" project [SCH No. 2017051019]), the Department considers the removal of up to 4 acres of alluvial fan scale broom scrub to be a significant impact (the LSA letter report fails to quantify the acreage of Lepidospartum alliance). In order to reduce the impacts to alluvial fan scale broom scrub to a level that is less than significant, the Department recommends that the City require the project proponent to purchase, conserve in perpetuity, and enhance/restore similar habitat within the watershed. While the amount (acreage) of habitat that is appropriate will vary based on the location of the proposed mitigation area, the amount and type of enhancement and/or restoration proposed, and whether (a) the project site and (b) the proposed mitigation site is occupied by special -status species, the Department recommends that the mitigation site include no less than twelve acres of alluvial fan scale broom scrub. A higher acreage may be warranted if the proposed mitigation site requires little 5/17/17 (R:\NCO1601\Response to Comments\Response to Comments_CDFW_051017_revised 051717_final.docx) 3 P711 LSA enhancement, is located far away from the project site (i.e., within a separate watershed), is not occupied by or available to special status species, and/or possesses other attributes that diminish its long term conservation value. The Department is available to assist the City in evaluating the proposed mitigation prior to the document's recirculation. The Department is concerned by the cumulative impacts to Lepidospartum alliance habitat and associated species assemblages within the City's sphere of influence. Urban development has resulted in alluvial sage scrub to become eliminated or isolated to stands along streams and outwashes on major alluvial fans throughout much of Rancho Cucamonga. Even degraded or isolated patches of alluvial scrub vegetation still retain a distinct characteristic given their relation to flood -deposited alluvia and the species associated with this habitat type. Multiple species occurrences have been mapped within this habitat type in Rancho Cucamonga using GIS by the United States Fish and Wildlife Service (USFWS). The database was initially created to map locations of federally threatened and endangered species which require a survey report under Section 10 of the Endangered Species Act. Recently, the database has been expanded to include a few other species of interest, including the Los Angeles pocket mouse, a California Species of Special Concern (CSSC). Section § 15380 of the CEQA Guidelines clearly indicates that species of special concern should be included in an analysis of project impacts. Using the USFWS GIS data, it was determined that since 1997, 19 known LAPM occurrences have been recorded within the Day and Etiwanda Creek watershed between Interstate 10 and Wilson Avenue. Of the 19 sites, 14 have been developed, one (1) is proposed for commercial buildings, and three (3) remain open space but may have various maintenance commitments (e.g. Burlington Northern, Southern California Edison, and San Bernardino County Flood Control District). The MND does not include survey data indicating whether the above -listed species occurs on-site, an analysis of the number of individuals expected to occupy the site, or an estimation of the local and regional population of the species. Focused species specific surveys, completed by a qualified biologist and conducted at the appropriate time of year and time of day when the sensitive species are active or otherwise identifiable, are required. Please provide a cumulative effects analysis developed as described under CEQA Guidelines§ 15130 and if appropriate, a detailed mitigation proposal to offset the temporal, permanent, and cumulative impacts to this species. The Department also recommends expanding the cumulative effects analysis to include impacts to Lepidospartum alliance habitat within the City's sphere of influence. Finally, the Department recommends that the City develop and implement a comprehensive mitigation/conservation strategy as soon as possible to offset the continuing loss of these sensitive public trust resources. Response. As originally determined during the field visit in October 2016, and subsequently reconfirmed during the May 12, 2017 site revisit, hairy yerba santa (Eriodictyon trichocalyx) and California buckwheat (Eriogonum fasciculatum) are the dominant plant species occurring on the proposed project site. This can be attributed to historical disturbances occurring onsite as well as related to surrounding development, isolation from larger blocks of native habitat, and the lack of active soil transport on the site. Neither of these dominant plant species is intrinsically rare or valuable. 5/17/17 (R:\NC01601\Response to Comments\Response to Comments CDFW_051017_revised 051717 final.docx) 4 P712 LSA Vegetation mapping concluded that the four acre project site consists of 2.6 acres of California Buckwheat scrub, 0.8 acre of hairy yerba santa, and a mature canyon live oak occupying 0.12 acre. Individual scalebroom (Lepidospartum squamatum) were noted and mapped on the site during the May 2017 site revisit. Scalebroom was associated within the hairy yerba santa vegetation on the project site. Cumulatively, the scalebroom population equates to approximately 0.025 acres, or 0.7% of the vegetative cover onsite. Scalebroom cover within the stand of yerba santa is 2.1%. The Scale broom Alliance is described as a vegetation community where "Lepidospartum squamatum is dominant, co -dominant, or conspicuous in the shrub canopy...". Compared to hairy yerba santa and disturbed buckwheat scrub, scale broom is not dominant, co -dominant, or conspicuous in the shrub canopy within the study area, as required by the Scale broom Shrubland Alliance Species Characteristics defined by Sawyer et al. (2009). Additionally, the membership rule for Scale broom scrub (Lepidospartum squamatum) Shrubland Alliance has been defined as vegetation communities with the presence of >1 % cover of Lepidospartum squamatum in alluvial environments. Although scale broom occupies approximately 2% of the vegetation cover within the stand of yerba santa (but not within the buckwheat scrub or the overall vegetation), and alluvial soils are present within the study area, the site is highly disturbed and isolated from the larger, functioning alluvial floodplain. As a result, the site is not a functioning alluvial ecosystem. Further, the lack of alluvial habitat functionality is evident in the overall quality and health of the scale broom observed onsite, as a majority of the plants were found to be in a declining state with dead or dying branches. Subsequently, LSA maintains the habitat onsite is best categorized as a monotypic stand of hairy yerba santa and as California buckwheat scrub (Eriogonum fasciculatum Shrubland Alliance). Due to the reasons discussed above, the hairy yerba santa and California buckwheat scrub habitats found on site are not considered suitable for the long term preservation of the non -listed sensitive species discussed in the response to Comment 1 above. Again, the habitat found onsite lacks connectivity with Alluvial Fan Sage Scrub habitat in the region by extensive development, and preservation of the habitat on this site would not contribute to the conservation effort of larger blocks of Alluvial Fan Sage Scrub habitat in the region. Thus, impacts to the habitats and any associated special status species potentially present, are not considered significant under CEQA. 5/17/17 (R:\NCO1601\Response to Comments \Response to Comments_CDFW_051017_revised 051717_final docx) 5 P713 P714 RESOLUTION NO. 17-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF CERTIFICATE OF APPROPRIATENESS DRC2016-00966, A REQUEST TO REMOVE AN ON-SITE TREE THAT HAS BEEN DETERMINED TO BE A DESIGNATED LOCAL LANDMARK RELATED TO THE SITE PLAN AND ARCHITECTURAL REVIEW OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of Certificate of Appropriateness DRC2016-00966, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Certificate of Appropriateness request is referred to as "the application." 2. On the 10th day of May 2017, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and continued said hearing to May 24, 2017. 3. On May 24, 2017, the Historic Preservation Commission of the City of Rancho Cucamonga conducted the continued hearing on the application and concluded the hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, itis hereby found, determined, and resolved by the Historic Preservation 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 May 10, and May 24, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan ; to the north is ATTACHMENT 9 HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 17-01 CERTIFICATE OF APPROPRIATENESS DRC2016-00966 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 2 the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and c. The applicant is requesting to develop a 140 -unit affordable rental senior housing project on 4 acres of land; and d. A Targe specimen Canyon Live Oak tree is located at the southeast corner of the site that was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. Removal of the tree requires approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965); and e. Development Code Section 17.16.080 (Tree Removal Permit) requires that removal of a tree that was previously designated as a Historic Landmark shall include the approval of a Certificate of Appropriateness by the Historic Preservation Commission. The Certificate of Appropriateness will remove the Historic Landmark designation from the subject Canyon Live Oak tree due to the declining health of the subject tree. 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 project will not cause a substantial adverse change in the significance of a Historic Resource within the meaning of the California Environmental Quality Act. The subject Historic Resource, a Canyon Live Oak tree, cannot be preserved due to the declining condition of the tree and has been recommend for removal by the applicant's and City's arborists. b. The project is consistent with the purposes of this Chapter. Section 17.18.080 provides for the removal of historic resources where it has been determined that removal is necessary to correct an unsafe or dangerous condition. In this case historic resource, a Canyon Live Oak tree, is in declining health and removal is necessary to correct an unsafe condition. c. The project is consistent with the Secretary's Standards. The project is consistent with the Secretary of the Interior's Standards as they are directed to the preservation of historic property. The subject Historic Resource is a Canyon Live Oak tree and would not be covered by the Secretary of the Interior Standards. d. All efforts to restore, rehabilitate, or relocate the resource have been exhausted. The applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved and is recommended for removal and replacement with a Targe specimen tree of the same species. e. Restoration or rehabilitation would require extensive alterations that would render the resource unworthy of preservation. The subject Canyon Live Oak tree is in declining health and cannot be preserved. P715 HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 17-01 CERTIFICATE OF APPROPRIATENESS DRC2016-00966 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 3 f. Failure to demolish the resource would adversely affect or detract from the character of the neighborhood. The subject Canyon Live Oak tree is in declining health and cannot be preserved. The applicant will plant a large specimen tree of the same species near the location of the existing tree. 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 Historic Preservation 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 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 Historic Preservation 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 Historic Preservation Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Historic Preservation Commission. Based on these findings, the Historic Preservation Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration. c. The Historic Preservation 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 Historic Preservation 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 and all other materials which constitute the record of proceedings upon which the Historic Preservation Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the Certificate of Appropriateness application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. P716 HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 17-01 CERTIFICATE OF APPROPRIATENESS DRC2016-00966 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 4 1) Approval is for Certificate of Appropriateness DRC2016-00966 to remove the Historic Designation for a Canyon Live Oak Tree that has been determined to be in declining health and cannot be preserved — APN: 1089-031-36. 2) Approval for Certificate of Appropriateness DRC2016-00966 is contingent upon Planning Commission approval of Design Review DRC2016-00814 and City Council approval of General Plan Amendment DRC2016-00964 and Density Bonus Agreement DRC2017-00156. 3) Approved is contingent upon City Council adoption of the Mitigated Negative Declaration of environmental impact for the project and the Mitigation Monitoring Program and all mitigations contained therein. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 5) 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 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. 6) The Developer shall install a commemorative plaque in recognition of the historic Canyon Live Oak tree slated for removal. The material, design and location of the plaque shall be reviewed and approved by the City Planner prior to installation. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MAY 2017. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA 4 BY: A✓s �1 Francisco Oaxaca, Chairman ATTEST: axf yce Burnett, Secretary P717 P718 HISTORIC PRESERVATION COMMISSION RESOLUTION NO. 17-01 CERTIFICATE OF APPROPRIATENESS DRC2016-00966 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. MAY 24, 2017 Page 5 I, Candyce Burnett, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 24th day of May 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE Conditions of Approval RN !u) Community Development Department Project #. DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P719 Project Name. DAY CREEK VILLAS 1l SENIOR HOUSING Location: - 108903136-0000 Project Type. Design Review Certificate of Appropriateness, Development Agreement. General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. 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 shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction 2) During all project site construction, the construction contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptor nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site. Interior: 4) All windows and sliding glass doors shall be well fitted, well weather-stripped assemblies and shall have a minimum sound transmission class (STC) rating of 27. 5) All exterior doors shall be well weather-stripped solid core assemblies at least one and three-fourths inch thick. 6) At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits shall be caulked or filled with mortar to form an airtight seal. 7) Roof sheathing of wood construction shall be well fitted or caulked plywood of at least one inch thick. Ceilings shall be well fitted, fully sealed gypsum board of a least a rating of R-19 shall be used in the attic space. 8) Arrangements for any habitable room shall be such that any exterior door or window can be kept closed when the room is in use and sill receive circulated air. A forced air circulation system (e.g. air conditioning) or active ventilation system shall be proved which satisfies the requirement of the Uniform Building Code• 9) Prior to approval of building permits, a letter from an acoustic engineer shall be submitted verifying conformance to the interior noise mitigation measures. 10) Prior to final approval by the Planning Department, an acoustic engineer shall be submitted verifying implementation of the interior mitigation measures. 2. A 70 -inch box size Canyon live oak shall be planted on the project site to the west of the existing Canyon live oak tree to be removed. ntit ed 511 2017 WWW CityofRC us Project #. DRC2016-00814 DRC2016-00934, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P720 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 3. A Gabrieleno Band of Mission Indians — Kizh Nation certified Native American Monitor shall be onsite during any and all ground disturbances. Standard Conditions of Approval 4. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 5. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 6. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 7. 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. 8. 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. 9. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 11. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 12. 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. www CityofRC.us Printed 5/11/2017 Page 2 of 19 Project #. DRC2016-00814 DRC2016-00964, DRC2016-00965. DRC2016-00966. 0R02017-00032, DRC2017-00156 P721 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. 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 Targe 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. 14. 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. 15. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, 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. 16. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,266.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 17. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 18. 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. www CityofRC us Printed 5.'11/2017 Page 3 of 19 Project #: DRC2016-00814 DRC2016-00964, DRC2016-00965. DRC2016-00966. DRC2017-00032, DRC2017-00156 P722 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 19. 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. 20. 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. 21. 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. 22. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 23. 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. 24. 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. 25. Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developers shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 26. The perimeter block wall shall be constructed as early as possible in the first phase. MN/.CityofRC.us Printed 5/11/2017 Page 4 of 19 Project #. DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P723 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 27. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 28. 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. 29.If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. Printed 5'11/2017 w w,.CityofRC us Page 5 of 19 , Project # DRC2016-00814 DRC2016-00964, DRC2016-00965, DRC2016-00906, DRC2017-00032, DRC2017-00156 P724 Project Name. DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 30. 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 Archaeological Information Center for permanent archiving. 31. 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. 32. 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. 33. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 34. 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. 35. The project must comply with all rules that assist in reducing short- term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 36. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 37. Trucks shall not idle continuously for more than 5 minutes. 38. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. Printed 511 2017 Page 6 of 19 www CityofRC us , Projec,t #: DRC20 i 6-00814 DRC2016-00964, DRC2016-00965, DRC 2016-00966. DRC2017-00032, DRC2017-00156 P725 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 39. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. www.CityofP.0 us Printed 5,11/2017 Page 7 of 19 ,Project T=: DRC2016-00814 DRC2016-03964, DR02016-00965, DRC20 i6-00936, 0RC2017-00032, DRC2017-00156 P726 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 40. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: • Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. • During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 41. 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. Printed 511!2417 Page 8 of 19 'INNI CityofRC us Froject . DRC2016-00314 DRC2016-00:64, DRC2016-00965, DRC2016-00966, DRC2017-00032, DRC2017-00156 P727 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 42. 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. 43. All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 44. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 45. Construction should be timed so as not to interfere with peak -hour traffic. 46. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 47. Construction and Building materials shall be produced and/or manufactured locally. Use `Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low -volatile -organic -compound (VOC) materials. 48. Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. • Install efficient lighting and lighting control systems. • Install light colored "cool.' roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. 49. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 50. Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Printed 511 2017 WWW CityofRC us Page 9 of 19 rrOjecj �-: iu-00614 0R02016-00:,64, D RC2016-0:1935, 0RC2016-00966, DRC2017-00032, DRC2017-00156 P728 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 51. 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. 52. 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. 53. 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. 54. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 55. Provide preferential parking to high occupancy vehicles and shuttle services. 56. Schedule truck deliveries and pickups during off-peak hours. 57. Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 58. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 59. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 60. Comply with the AQMP Miscellaneous Sources PRC -03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. Engineering Services Department Please be advised of the following Special Conditions Printed 5/11/2017 ‘,'A+Av.CityofRC us Page 10 of 19 , Project f: DF -Cu i 6-003'14 E R020 16-00;164, DRC20 i 6-00:,'35, DRC20 i 6-00366, DRC2017-00032, DRC2017-00156 P729 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement_ General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Firehouse Court frontage improvements: a. Remove existing cobblestones on the parkway and install street trees per City Standards. b. The drive approach shall have a minimum width of 35 feet, per City Standard 101, Type C. c. Protect or replace existing curb and gutter, sidewalk, street lights, signing and striping as required. d. The street light on Firehouse Court shall be relocated due to the location of the curb return of the commercial drive approach. e. If an entry gate is proposed, it shall be in accordance with the City "Residential Project Gated Entrance Design Guide" standard. 2. Development Impact Fees are assessed at the time of building permit issuance. 3. The proposed development is slated to be included in the City's Fiber Optic / Broadband service business plan that would provide a City owned Fiber -to -the -Home (FTTH) infrastructure. Proposed fiber optics on-site (conduits and fiber) will be placed underground within a duct and structure system to be installed by the Master Developer. The fiber and conduits along the backbone streets shall be installed in a joint trench by the developer as the last lane improvements are completed . In -tract fiber and conduit shall be installed by the developers in joint trench where possible. Maintenance of the installed system will be the responsibility of the City. Development of the Project requires the installation by the developers of all fiber optic infrastructure necessary to service the Project as a stand-alone development. In addition, developer shall coordinate with RCMU which may provide for high-speed Internet services. 4. The Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 5. Obtain approval from Sanbag regarding the proposed access to the Pacific Electric Trail, prior to issuance of building permit. Standard Conditions of Approval 6. 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 issuance of Building Permits. Formation costs shall be borne by the developer. Printed 5 112017 Page 11 of 19 www.CityofRC us ,Project : DRC2016-D0814 DRC20io-OO964, uRC2016-O0:;65. DiC2016-00,966, 0RC2017-00032, 0RC2017-00156 P730 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 7. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Permits issued on or after June 2, 2014, must complete the reimbursement process through the City's Accelerate online portal within 60 days following the completion of the construction and/or demolition project or the deposit will be forfeited. Permits issued before June 2, 2014, require the following when applying for a deposit reimbursement: a completed CD -2 form, a copy of the cashier's receipt showing the deposit amount, and all weight tickets. Instructions and forms are available at the City's web site, www.CityofRC.us, under City Hall; Engineering; Environmental Programs. Fire Prevention / New Construction Unit Standard Conditions of Approval 1. Reciprocal Access Agreement — Please provide a permanent access agreement granting irrevocable use of the adjacent property for use by 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 recorded agreement shall include a copy of the site plan. The agreement shall be recorded with the County of San Bernardino, Recorders Office. The Fire Construction Services Unit shall approve the agreement, prior to recordation. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Grading Section Standard Conditions of Approval 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. Printed 511112017 Page 12 of 19 www.CltyofRC us uRC 2O ii 6-OOb 1 4 DRC2016-OO;64, DRC2.016-00665, DRC 20 i 6-00036. DRC2017-00032, DRC2017-00156 P731 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 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. 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. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 10. Prior to issuance of a grading permit 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. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. 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. 13. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 14. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 15. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. Printed 5.11/2017 Page 13 of 19 www.CityofRC us - I'v)::... -.-. U. \ _ -�J 16-00314 DRC .& I O -C 3364, .C;20 i 5-OJ9O5, ORC23 :6-U J 3o. DRC2017-00032, DRC2017-00156 P732 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement. Genera Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 17. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 18. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 19. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 20. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 21. The Preliminary Water Quality Management Plan (PWQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project -specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 22. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 23. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. Printed 5 11.2017 Page 14 of 19 wvn,v CityofRC us 14 1_,;:s;,_,20 I i -vJG'J=r, iJi �L._V � O-, J: J:J. Oro_ I DRC2017-00032, DRC2017-00156 P733 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 24. The final project -specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. Printed 5/11/2017 vn,'nv CityofRC us Page 15 of 19 l r. . L23 6 -.lav i 4 E .C2v i 6 UUcJ L.a 2 i 6 1J�JJ. LJ. �L LO i O i9 ;L7. DRC2017-00032, DRC2017-00156 P734 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 25. GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a. Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b. Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c. Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as '100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics), OR, by means of 5,000sqft or more of allowable space designated for parking purposes'). d. Unless adequate pre-treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10 -feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. The final project -specific Water Quality Management Plan shall specifically address items, b., c., and d. above. Printed 511/2017 vo.vv,.CityofRC.us Page 16 of 19 i._.Ir\ U; .lig I G-1, DRC2017-00032, DRC2017-00156 P735 Project Name: DAY CREEK VILLAS 1\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 26. This project shall comply with the accessibility requirements of the current adopted California Building Code. 27. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 28. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's 'Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 29. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 30. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 31. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 32. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2 -foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 33. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout ''Information for Grading Plans and Permit". Printed 5111.2017 WWW.CityofRC.us Page 17 of 19 i= u; _J I _-.i ., ., ., vi �.Lv .,-JJL:; J, Ji\VL.J ic-uu DRC2017-00032, DRC2017-00156 P736 Project Name: DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 35. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 36. Prior to issuance of a grading permit the applicant shall demonstrate that the storm water run-off will not adversely affect the downstream properties and that the water may legally discharge to the downstream properties. The engineer of record shall show on the final permitted grading and drainage plan one (1) or more of the following items are met: a) There is sufficient downstream capacity to accept the proposed storm water flows and that the downstream property owner have provided permission to accept the upstream storm water flows; b) a legal document/entity exists allowing developed storm water flows to be discharged to the property lower in elevation; c) a storm drain system to safely convey the storm water flows to a public storm drain system without causing flooding to adjacent property(ies). 37. A final project -specific Storm Water Quality Management Plan (WQMP) shall be approved by the Building and Safety Director, or his designee, 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 or any building permit. 38. The subject project, shall accept all existing off-site storm water drainage flows and safely convey those flows through or around the project site. If existing off-site storm water drainage flows mix with any on-site storm water drainage flows, then the off-site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 39. 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. Printed 511/2017 Page 1d of 19 VA'IW.CityofRC us DRC2017-00032. DRC2017-00156 P737 Project Name. DAY CREEK VILLAS \\ SENIOR HOUSING Location: - 108903136-0000 Project Type: Design Review Certificate of Appropriateness, Development Agreement, General Plan Amendment, Tree Removal Permit, Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 40. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 41. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 42. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 43. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 44. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. www CityofRC us Printed 5-11/2017 Page 19 of 19 P738 RESOLUTION NO. 17-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2016-00964, A REQUEST TO MODIFY GENERAL PLAN FIGURE LU -8 RELATED TO THE REMOVAL OF THE HISTORIC RESOURCE DESIGNATION OF AN ON-SITE TREE RELATED TO THE ARCHITECTURAL REVIEW OF A 140 -UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW - MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of General Plan Amendment DRC2016-00964, as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment request is referred to as "the application." 2. On the 24th day of May, 2017, 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 by recommending approval of the application to the City Council for final action by adoption of their Resolution No. 17-29. 3. On the 7th day of June, 2017, the City Council conducted a duly noticed public hearing on the application and concluded the hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga 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 June 7, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood ATTACHMENT q P739 CITY COUNCIL RESOLUTION NO. 17-039 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 2 Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan; to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and c. The applicant is requesting to develop a 140 -unit affordable rental senior housing project on 4 acres of land; and d. A large specimen Canyon Live Oak tree is located at the southeast corner of the site that was given a Historic Landmark Designation by the Historic Preservation Commission on October 21, 1987. The health of this tree has since declined to a point where the applicant's arborist and the City's on -staff arborist have concluded that the tree cannot be preserved. Removal of the tree required approval of a Certificate of Appropriateness (DRC2016-00966) by the Historic Preservation Commission, a General Plan Amendment (DRC2016-00964) to modify General Plan Figure LU -8 to remove the tree from a map illustrating the location of all the historic resources in the City and a Tree Removal Permit (DRC2016-00965); and e. 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. The proposed General Plan Amendment will amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource. The subject tree was designated a Historic Landmark on October 21, 1987. The condition of the tree has since declined to a point where it cannot be preserved; and f. This amendment does promote the goals and objectives of the General Plan Land Use Element. The subject General Plan Amendment is to amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource and will not impact the goals and objectives of the General Plan. g. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. The amendment is to remove a tree from General Plan Figure LU -8 (Historic Resources) that was given Historic Landmark Designation due to decline of the tree. The subject tree will be replaced with a Targe specimen tree of the same species in close proximity to the location of the existing tree. Section 3: Based upon the substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The subject property is suitable for the uses permitted in the proposed district in terms of access, size and compatibility with the existing land uses in the surrounding area. The proposed amendment will not change the land use designation of the project site. The subject General Plan Amendment will amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the declining health of the tree. b. The proposed amendment would not have significant impacts on the environment P740 CITY COUNCIL RESOLUTION NO. 17-039 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 3 nor the surrounding properties. The amendment will not have significant impact on the environment as it is to amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the declining health of the tree. A replacement tree of the same species will be planted on the project site to replace the removed tree. c. The proposed amendment meets the goals and policies of the General Plan. The amendment will not impact the goals and policies of the General Plan as it is to amend General Plan Figure LU -8 (Historic Resources) to remove a Canyon Live Oak as a Historic Resource due to the decline of the tree. A replacement tree of the same species will be planted on the project site to replace the removed tree. SECTION 4: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and 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; and 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; and 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 the City Planner of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 5: The General Plan Amendment is hereby amended to read, in words and figures, as shown in Exhibit 1. P741 CITY COUNCIL RESOLUTION NO. 17-039 GENERAL PLAN AMENDMENT DRC2016-00964 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 4 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. 1) c (1) X w J C . �lm s 4 3 ttpve 4 5 s a SAl a s 2 ? g g o: s u � u a r• c. . a s • . I • • •. o :_ 4 - i 7r�-....i.. • 1' LZ—Lrrr • d�rf 1 L: , ur -a J• 0 CU • EI- 6rQJY cv0 v n J U Y c o Cr, o E c' U -p C rrU 1,11,4 - r 1-;=•--!;i1L—� 1 L -2.-71-i 1 Tri a} A 1 f ---. ( EXHIBITa, P742 0 a) O Q O 0 51 4 r« -...r.. . _ Ct o�w J r > E- n O - o Er cu u - > c� J O E c O -a 0 C' cz (Y v ;i 1 --.. —�.. Y;1,arr.V3 n—r ...,.,,i 114 deg WON -L. ;�- • r ~ • 1 ys 7 evr P743 P744 RESOLUTION NO. 17-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DENSITY BONUS AGREEMENT DRC2017-00156, A REQUEST FOR A DENSITY BONUS AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE VICTORIA COMMUNITY PLAN AND THE DEVELOPMENT CODE, INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS, FOR THE DEVELOPMENT OF A 140 - UNIT AFFORDABLE SENIOR HOUSING DEVELOPMENT ON 4 ACRES OF LAND WITHIN THE LOW -MEDIUM (LM) DISTRICT (4 — 8 DWELLING UNITS PER ACRE) OF THE VICTORIA PLANNED COMMUNITY, LOCATED AT THE TERMINUS OF FIREHOUSE COURT AND WEST OF DAY CREEK BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1089-031-36. A. Recitals. 1. National Community Renaissance of California filed an application for the approval of Density Bonus Agreement DRC2017-00156, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Density Bonus Agreement request is referred to as "the application." 2. On the 24th day of May, 2017, 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 by recommending approval of the application to the City Council for final action by adoption of their Resolution No. 17-30. 3. On the 7th day of June, 2017, the City Council conducted a duly noticed public hearing on the application and concluded the hearing on that date. 4. AH legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga 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 June 7, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: ATTACHMENT /O P745 CITY COUNCIL RESOLUTION NO. 17-034 DENSITY BONUS AGREEMENT DRC2017-00156 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 2 a. The application applies to a property located at the terminus of Fire House Court and west of Day Creek Boulevard in the Low Medium (LM) District of the Victoria Community Plan; and b. To the west of the project site is a maintenance yard operated by the San Bernardino County Flood Control District within the Low Medium (LM) District and Flood Control/Utility Corridor (FC/UC) District of the Victoria Community Plan; to the east is Day Creek Fire Station #173, within the Low Medium (LM) District of the Victoria Community Plan; to the north is the Pacific Electric trail and single-family residences within the Low Medium (LM) District of the Victoria Community Plan; and, to the south is land that is under construction with a new commercial center (Day Creek Village) within the Village Commercial (VC) District of the Victoria Community Plan; and c. The land use and zoning designation of the project site is Low -Medium (LM) District of the Victoria Community Plan, which permits 4 to 8 dwelling units per acre. The Victoria Community Plan includes a provision permitting the zoning designation to be increased by up to 2 density ranges in order to provide plan flexibility. The project site can thus be increased in density from Low -Medium (LM) District to either Medium (M) District (8 — 14 dwelling units per acre) or Medium -High (MH) District (14 — 24 dwelling units per acre). The Victoria Community Plan also provides an incentive to build affordable housing, which awards property owners one bonus unit in density for every affordable dwelling unit provided. The project will be 100 percent affordable and is thus eligible for a 100 percent increase in the permitted density level, or between 24 to 48 dwelling units per acre; and d. The applicant is requesting to develop a 140 -unit affordable rental senior housing project on 4 acres of land. The proposed density is 35 dwelling units per acre. e. Development Code Chapter 17.46 (Density Bonuses, Incentives and Concessions) provides incentives for the production of affordable housing, including the opportunity to provide reductions in the related development standards. The applicant can request up to 3 concessions based on the affordability factor of the project. In this case, the applicant is requesting 2 concessions, a reduction in the required number of parking spaces and a reduction in the size of the private recreation areas (decks). Density bonuses and concessions are considered in conjunction with any necessary development entitlements for the project and approved by a Density Bonus Agreement. The designated approving authority for the Density Bonus Agreement is the City Council. SECTION 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 Density Bonus Agreement is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Density Bonus Agreement furthers General Plan Goal HE -2, to provide housing opportunities that meet the needs of all economic segments of the community including very low, low and moderate income households. The proposed affordable senior housing rental units further this goal by providing seniors with affordable housing. Additionally, the Victoria Community Plan includes provisions to permit the project at the proposed residential density; and b. The proposed Density Bonus Agreement is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The project site is well suited P746 CITY COUNCIL RESOLUTION NO. 17-034 DENSITY BONUS AGREEMENT DRC2017-00156 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 3 for the proposed affordable senior housing rental development. It is located in close proximity to public transportation, a multi -use recreational trail and multiple commercial developments, reducing the need for a personal vehicle and increasing the mobility of the senior population targeted by the development; and c. The proposed Density Bonus Agreement will not be detrimental to the health, safety, and general welfare of the City. The proposed affordable senior housing rental units related to the Density Bonus Agreement will not negatively impact the City as is in keeping with the surrounding development and will become an integral part of the community. d. The proposed Density Bonus Agreement will not adversely affect the orderly development of property or the preservation of property values. The proposed affordable senior housing rental development is well suited for the proposed location and complies with the zoning designation and the permitted density of the project site. SECTION 4: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration; and 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; and 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; and 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 the City Planner 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. P747 CITY COUNCIL RESOLUTION NO. 17-034 DENSITY BONUS AGREEMENT DRC2017-00156 NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA. June 7, 2017 Page 4 SECTION 5: The Density Bonus Agreement is hereby amended to read, in words and figures, as shown in Exhibit 1. 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. RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Clerk With a copy to: Day Creek Senior Housing Partners LP c/o National Community Renaissance 9421 Haven Avenue Rancho Cucamonga, CA 91730 Attn: Chief Financial Officer APNs: 1089-031-36 P748 SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees Pursuant to Government Code Section 27383 DENSITY BONUS AGREEMENT DRC2017-00156 (SENIOR CITIZENS AFFORDABLE HOUSING) THIS DENSITY BONUS AGREEMENT ("Agreement") is dated as of June 7, 2017 and is entered into by and between DAY CREEK SENIOR HOUSING PARTNERS LP, a California nonprofit public benefit corporation (the "Developer"), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation (the "City"). RECITALS A. California Government Code Section 65915(d) provides that in addition to a density bonus (not applicable here), a city may, by agreement with a developer, grant up to three incentives or concessions that the applicant requests when a developer agrees to construct housing for low income households. B. The City has implemented California Government Code Section 65915(d) by enacting Municipal Code Section 17.46.040B, which subject to certain limitations, contemplate such incentives to encourage development of affordable housing for low income households. C. Developer has requested City to consider the approval of a density bonus agreement which will grant concessions for Developer's development of the real property in City on Exhibit "A" ("Site"). The Site is located within the Victoria Planned Community. D. The Developer proposes to construct a senior housing residential project, consisting of low income units, on the Site. Said project contemplated by Developer will require two incentives/concessions from the residential development standards in the Victoria Planned Cormnunity. The Developer is not requesting a density bonus for this project. EXHIBIT 1 /7- o3y -1- P749 E. It is the desire of City to encourage developments designed to provide affordable rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to grant concessions to Developer as provided by the terns of this Agreement, which is a so-called "density bonus agreement" contemplated and required by Municipal Code Chapter 17.46.040. F. City and Developer have entered into a Disposition, Development and Loan Agreement dated in 2016 which obligates the City to sell the Site to Developer subject to certain conditions, including the condition that a "Development Agreement" be approved by City and executed; however, Developer and City have determined that the only purpose of such condition was to provide for the affordable housing incentives described herein, and that Municipal Code Chapter 17.46 requires a so- called "density bonus agreement" under that Chapter, not a statutory development agreement. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, the following terms shall have the following meaning: a. "Affordable Rents" shall mean the total charges for rent, utilities, and related services in an amount not to exceed the amount of rent permitted under California Health and Safety Code Section 50053 and Sections 6910 6932 of Title 25 of the California Code of Regulations. b. "Area Median Income" shall mean the median income for households in San Bernardino County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall either use the income determinations used by the California Tax Credit Allocation Committee or may use income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD. c. "City" is the City of Rancho Cucamonga, California. d. "Project" is the development approved by City comprised of one hundred and forty (140) apartment units, recreational and common area facilities, parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Environmental Assessment and Design Review DRC2016-00814 submitted by Developer and approved by City. The Project is subject to the conditions of approval which are not changed, altered or modified by this Agreement. e. "Qualified Tenants" shall mean households consisting of a person who is sixty- two (62) years of age or older and any qualified permanent residents under the applicable provisions of California Civil Code Section 51.3 and the federal Fair Housing Act (except to the extent the Project utilizes federal funds whose programs have differing definitions for senior projects in which case those definitions will apply), and whose annual household income does not exceed eighty percent (80%) of the Area Median Income. 2. Binding Effect of Agreement. The Developer hereby subjects the Site and development thereon to the covenants, reservations and restrictions as set forth in this Agreement in perpetuity. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be 1 1231-0001 2050037v4.doc binding upon the Developer's successors and assigns and successor to any interest in the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 3. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever. 4. Restrictions on Rental Units: Qualified Tenants. It is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. Except for one (1) manager's unit, the apartment units in the Project shall be rented, occupied, leased or subleased to households which include at least one Qualified Tenant. 5. Rental Requirements; Affordable Rent. One hundred and thirty-nine (139) of the units in the Project, not including the one unit for a resident manager, shall be rented, leased or held available for Qualified Tenants at Affordable Rents. 6. No Conversion. During the term hereof, all residential units in the Project shall remain rental units. During the term hereof, no apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 7. On-site Manager. A full-time manager shall be provided on the Project site in the manager's unit. S. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants, including the income restrictions on some of the units as set forth in this Agreement. On or before April 15 of each year following the first leasing of any apartment (other than the manager's unit), the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a. Rent schedules then in effect, including utility charges (if any); b. A project occupancy profile; c. A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas. d. The number of persons per unit; e. Tenant name; f. Initial occupancy date; -3- 11231-0001 2050037%4. doc P750 P751 g. Rent paid per month; h. Gross income per year; i. Percent of rent paid in relation to income; and j. Copies of all documents used by Developer to certify the tenant as a Qualified Tenant. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. City shall repair any damage and shall defend, indemnify and hold Developer harmless from and against any claims, liabilities, damages, costs, expenses incurred by Developer relating in any way to City's inspections and investigations. 9. Tenant Selection, Contracts and Rules and Regulations. After receipt of applications for income restricted units, Developer shall determine the eligibility of the occupancy under the terns of this Agreement. Verification of tenant income eligibility shall be based on the following information and other information if permitted by the California Tax Allocation Committee for the low income housing tax credit program: a. Income verification form from the Social Security Administration and/or the California Department of Social Services, if the applicant receives income from either or both agencies; b. Income tax return for the most recent tax year; c. TRW or similar financial search; d. Income verification from all current employers; and e. If the applicant is unemployed and has no tax return, another form of independent verification. Developer shall deliver copies thereof to City upon written request. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to use. Such agreement shall include all rules and regulations governing tenancy within the Project. 10. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an unlawful eviction under the following circumstances: a. The death of the sole tenant of the unit; b. By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30) days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. -4- 11231-0001 20500371. -1.doe P752 An affordable unit initially occupied by a Qualified Tenant shall be deemed occupied by a Qualified Tenant until such affordable unit is vacated, even if the tenant's household income subsequently increases to an amount that exceeds the maximum allowable income level for its initial income category so long as satisfactory actions are taken to ensure that all vacancies are filled in accordance with this Agreement until the noncompliance is corrected. Upon termination of occupancy of an affordable unit by a tenant, such affordable unit shall be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating tenant, until such affordable unit is reoccupied, at which time the income character of the affordable unit shall be determined by the income of the incoming tenant. The income of all persons residing in the affordable unit shall be considered for purposes of calculating the applicable income. Except as otherwise required by applicable law, no less than one person per bedroom shall be allowed; no more than two persons shall be permitted to occupy a one bedroom affordable unit; and no more than three persons shall be permitted to occupy a two bedroom affordable unit. Any termination of a tenancy other than those listed above in this Section shall constitute a lawful eviction only if: (i) Developer conduct it in compliance with the provisions of California law and (ii) the lease is terminated then only for material noncompliance with the terms of the applicable rental agreement after written notice and the expiration of a reasonable cure period. 11. Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as Developer may determine. During the term hereof, the Project shall be insured to its full insurance replacement value. 12. Maintenance Guarantee. Developer shall comply with all City maintenance standards for the Project enacted from time to time. 13. Standards and Restriction Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site during the term of this Agreernent: a. Developer is required to obtain all necessary land use entitlements, approvals and permits for the Project. b. Only residential uses of the real property shall be permitted in the Project. 14. Development Incentives. Pursuant to Government Code Section 65915(d) and Rancho Cucamonga Municipal Code Section 17.46.040.B., the City grants Developer the following development incentives for development of the Project: a. The amount of required private open space per dwelling unit is decreased from 150 square feet for ground floor dwelling units and 100 square feet for upper floor dwelling units to 107 square feet for ground floor dwelling units and 80 square feet for upper floor dwelling units; and b. The required number of on-site parking spaces is decreased to a minimum ratio of 0.85 parking spaces per unit, with 82 carport stalls and 37 uncovered spaces. -5- 11231-0001 5- 11231-0001 20500371 l.doc 15. Project Design Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. The following physical amenities shall be substantially included in the Project: a. Unit sizes shall be an average of 600 square feet for 1 -bedroom residential units and 890 square feet for 2 -bedroom residential units; b. Elevator service shall be provided to all upper story apartments; c. All common access areas in the Project such as entryways, walkways, and hallways will be wide enough to accommodate wheelchairs; d. The Project will meet all applicable current requirements for access and design imposed by law as administered by the City building and safety department, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps; e. All units shall possess secured entryways off a common enclosed hallway; and f. The Project is designed to encourage social contact by providing at least one common room (the Project community room) and at least some col -rill -ion open space (the Project's fitness room, pool, outdoor fire pit lounge, courtyard and garden areas). 16. Indemnification. Developer shall defend, indemnify and hold City and its elected officials, officers, agents and employees harmless from claims, liabilities, losses, damages and costs and expenses arising from or relating to personal injuries, including death, and property damage which may arise from the activities of Developer or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or willful misconduct of the City. 17. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties. 18. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a warranty, representation or statement is made or furnished by Developer to City and is inaccurate in any material respect when it was made; b. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 19. 19. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, then City may, without further notice, declare a default under this Agreement and City may then enforce as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code applicable to this Agreement. However, notwithstanding the foregoing, City may at any time apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement. -6- 11231-0001 2050037%4 doc P753 20. Developer Representation Re: Priority; No Waiver of Remedies. Developer represents and warrants that this Agreement, when recorded, is senior and prior to all deeds of trust and other liens, except for liens for property taxes and assessments not yet due. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance by Developer shall not be excused because perfornance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 21. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, deeds of trust, shall have the right at any time during the ten -n of this Agreement and the existence of said encumbrance or lien to: a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien; c. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 22. Notice to Lender. If Developer shall have provided City in writing with the name of the Lender and a copy of its recorded deed of trust, then City shall give written notice of any default or breach under this Agreement by Developer to such Lender and if the default can be cured by the payment of money, City shall give Lender the opportunity after service of the notice to cure the breach or default within sixty (60) days after delivery of said notice. 23. Notices. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto in a notice given pursuant to this Section. Developer: Day Creek Senior Housing Partners LP c/o National Community Renaissance ® 9421 Haven Avenue Rancho Cucamonga, CA 91730 Attn: Chief Financial Officer City: City of Rancho Cucamonga 10500 Civic Center Drive -7- 11231-0001 2050037% -1. doe P754 P755 Rancho Cucamonga, CA 91730 Attn: City Manager 24. Attorneys' Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 2�. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 26. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 27. Recordation. This Agreement shall be recorded in the Official Records of the County Recorder of the County of San Bernardino. 28. factor. Time of Essence. Time is of the essence of every provision hereof in which time is a IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth herein. DEVELOPER: DAY CREEK SENIOR HOUSING PARTNERS LP, a California nonprofit public benefit corporation By: Day Creek Senior Housing Partners MGP, LLC, a California limited liability company, its general partner By: National Community Renaissance of California, a California nonprofit corporation, its sole member/manager By: 11231-0001 2050037v4 doc Steve PonTell Chief Executive Officer -8- CITY: CITY OF RANCHO CUCAMONGA, a municipal corporation By: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: By: James Markman City Attorney A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -4- 1 1231-0001 2050037‘ 4.doc P756 P757 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF On , before me, (insert naive and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11231-0001 2050037%4 doe EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE THE FOLLOWING REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA: PARCEL "A" BEING PORTIONS OF LOTS 21 AND 22 OF ORANGE EMPIRE ACRES, AS PER MAP RECORDED IN BOOK 20, PAGE 1 OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, TOGETHER WITH THAT PORTION OF RAILROAD AVENUE SOUTH, VACATED PER INSTRUMENT No. 92-447926, RECORDED OCTOBER 28, 1992 OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCEL 2 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 21, SAID POINT BEING SOUTH 00°12'36" WEST 575.70 FEET FROM THE NORTHWEST CORNER OF SAID LOT 21; THENCE, ALONG SAID WEST LINE AND ITS NORTHERLY PROLONGATION, NORTH 00°12'36" EAST 615.70 FEET TO TI IE NORTHWEST CORNER OF SAID INSTRUMENT No. 92- 447926; THENCE, ALONG THE NORTH LINE OF SAID INSTRUMENT No. 92-447926, SOUTH 89°11'41" EAST 342.01 FEET TO THE NORTHEAST CORNER OF SAID INSTRUMENT No. 92-447926, SAID CORNER ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT No. 619 RECORDED JUNE 14, 2006 AS INSTRUMENT No. 2006-0406609, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG THE EAST LINE OF SAID INSTRUMENT No. 92-447926 AND THE EAST LINE OF SAID LOT 22, SOUTH 00°12'48" WEST 418.19 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FIREHOUSE COURT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 61.04 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 89°50'34" WEST; THENCE, LEAVING SAID EAST LINE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 28°23'25" AN ARC LENGTH OF 30.25 FEET; THENCE, LEAVING SAID RIGHT-OF-WAY, SOUTH 42°24'52" WEST 51.92 FEET; THENCE SOUTH 89°17'07" WEST 195.07 FEET, THENCE SOUTH 44°17'06" WEST 171.66 FEET TO THE POINT OF BEGINNING. SAID LAND IS DESCRIBED AS PARCEL A OF LL/A 2005-00002 RECORDED 12/04/2015 AS INSTRUMENT NO. 2005 — 531707 OF OFFICIAL RECORDS. -11- 11231-0001 11- 1123I-0001 2050037v4.doc P758 DAY CREEK VILLAS RANCHO CUCAMONGA CITY COUNCIL JUNE7,2017 Day Creek Senior Villas MISSION / PHILOSOPHY NATIONAL COMMUNITY RENAISSANCE (NATIONAL CORE) A national not-for-profit affordable housing development corporation dedicated to building and managing high quality, affordable housing paired with best -practice social service programs RM CHO CummoNcn tit IPA CAPACITY & EXPERIENCE • Based in Rancho Cucamonga • Employees: 350+ • Total Units: 8,000+ • Total Residents: 27,000+ • Nation's 4th Largest Nonprofit Affordable Housing Developer • Full Service Organization o Acquisitions o Planning & Development o Construction o Property Management o Compliance o Asset Management o Social Services Day Creek Senior Villas 919, LOCAL NON-PROFIT DEVELOPER raei o Villaggio on Route 66 410111 Rancho Cucamonga 1429 FAMILY APARTMENT HOMES • Villaggio On Route 66 • Rancho Verde East • Sunset Heights • Monterey Village • Mountainside • Sycamore Springs • Rancho Verde Village 49 SENIOR APARTMENT HOMES • Heritage Pointe Day Creek Senior Villas RM CHO c..N. 919, 1 • • MI 1 me NATIONAL CORE PROPERTIES trL .._ Sunset Heights a ■ 0 Sycamore <4, prings szt 1:3C Foothill Blvd* ountainside Villagio Herita 1 Rancho • � Verde 1 •.......c:t Eass ancho Np Verde • 1 Monterey Village 15 Day Creek Senior Villas RM CHO 00 NINA IAA a Nae LOCAL COMMUNITY BUILDER my' virwwwwir- 7-,441 111111:"111111,11 m 11011,111 Day Creek Senior Villas RM CHO LOCAL COMMUNITY BUILDER Day Creek Senior Villas 00 NINA.1.111 SNOB DEVELOPMENT OBJECTIVES 1. ADDRESS A COMMUNITY NEED: Significant and increasing need for affordable senior housing 2. NEIGHBORHOOD COMPATIBILITY: High quality design that is compatible with the neighborhood 3. CONNECTIVITY: An enhanced pedestrian network 4. SUSTAINABILITY: Safe, healthy and universally designed environmental friendly buildings .. 919, NEIGHBORHOOD COMPATIBLE DESIGN ..............-'-- ' _ 1 • - 11= .,.--,-- ] 71 r-- ----- ---r7 --‘----7 • -;,:e-- ------. 7•T CRAFTSMAN ARCHITECTURE Day Creek Senior Villas fie NINA.1.111 SNOB COMMUNITY AMENITIES • Community Center • Warming Lobby • Fitness Room • Computer Room • Pool • Outdoor Fireplaces with Lounge Areas • Private Patios • Landscaped Walkways • Bike Storage PROJECT BENEFITS • Help the City meet its regional housing needs (RHNA) requirements • Address a significant and increasing community need for affordable senior housing — Ensure continued affordability through a minimum 55 -year affordable housing agreement • Deliver substantial on-site amenities and off-site infrastructure improvements • Provide additional direct and indirect jobs supported by apartment home construction, operations and resident spending — Including hundreds of construction jobs over a two year period, four full time employees once operational plus landscape, maintenance and other weekly/monthly service jobs. • Increase sales tax revenue generated by new residents of the project patronizing businesses in the community Day Creek Senior Villas DAY CREEK VILLAS RANCHO CUCAMONGA CITY COUNCIL JUNE7,2017 DAY CREEK VILLAS 140 UNITS ON 4.0 ACRES OF VACANT LAND • 1 three-story building • 131 one -bedroom, 9 two-bedroom, 632-917 square feet • 1 managers unit AFFORDABILITY • 100% Affordable (30-60% AMI) COMMUNITY AMENITIES • Community Center, Lobby & Lounge • Pool • Fitness Center • Outdoor Courtyards with BBQ Picnic Areas & Fireplaces • Laundry rooms on each floor • Private Patios PARKING 119 Stalls Total (82 Carport Spaces, 37 Uncovered Spaces) Day Creek Senior Villas DAY CREEK VILLAS SITE PLAN Ramp to Trail 1J p 111-- • . 1 ■ _ • • -S l Wrap Around . ;, Building ! I • Community •Center ;IBB Oak Tree Replacement 1 Pool & emneeli ri • I r r_y i .r -4 Courtyard \119 Parking paces �\k,t 11 c1''' '''"'''''"'''' t. . T 1.. r......1 T ,.r, ,.� .f.. T T 11 ll . II • If II T' ' Y: •r • Day Creek Senior Villas L1J RANCHO eltANONCA fie NINA ISA SNOB SPACIOUS FLOOR PLANS Balcony/ Pardo fl Living Room Kitchen 0 0 D Q Badman Entry rilEratti TYPICAL UNIT- 1 BEDROOM/1 BATH 634 GROSS SF Balcony/Patio Living Room L IGtchen 0 0 0 Entry Bedroom 2 TYPICAL UNIT - 2 BEDROOM/1 BATH 917 GROSS SF CI W.I.C. NEIGHBORHOOD COMPATIBLE DESIGN NORTH WEST SOUTH EAST u Day Creek Senior Villas RM CHO fie NINA IAA SNOB Existing Single Perrin/ Residences Site Section Existing Bike Trail SITE SECTION Proposed Senior Apartments Day Creek Senior Villas RANCHO Cv A cNcn — — _.� ji —,000� 1 1 r_� [7®®®� 1 r;- -- 11— 7®®97 7il 3963�� C�;,1 k� en:.. ° q Iffmm k rl [H 1 1 -1 174 n,_�n 1 E `1 nr. n -r7 x' Proposed Senior Apartments Day Creek Senior Villas RANCHO Cv A cNcn HEIGHT PERSPECTIVE Day Creek Senior Villas RUYCHO 0CANONGA AFFORDABILITY Income Limit Category 1 Person 2 Persons Maximum Annual Maximum Annual come come Estimated Monthly Rents Extremely Low Income (30% AMI) $13,440 $15,360 $276 Very Low Income (45% AMI) $20,160 $23,040 $456 Very Low Income (50% AMI) $22,400 $25,600 $516 Low Income (60% AMI) $26,880 $30,720 $636 Per the U.S. Department of Housing and Urban Development the Area Median Income (AMI) for San Bernardino County is $61,400 for 2016. RANCHO Day Creek Senior VillasCtiCANUNGA .. UNIT BREAKDOWN Income Limit Category 1 Bedroom 2 Bedroom Units Units Total Extremely Low Income (30% AMI) 14 1 15 Very Low Income (45% AMI) Very Low Income (50% AMI) 40 3 43 Low Income (60%AMI) 31 1 32 TOTAL 131 8 46 3 49 139* 1 n►a►►ayt►J U1111 16 1101 111CIUatu n► lilt fofal Day Creek Senior Villas fie NINA IAA SNOB CANYON LIVE OAK TREE Day Creek Senior Villas OAK TREE REPLACEMENT PLAN 1 Day Creek Senior Villas PARKING UTILIZATION Project Name Number of Parking Parking Ratio Parking Units Spaces (spaces/unit) Utilization Rate* Heritage Pointe - Rancho Cucamonga 49 34 0.69 88% Village at Sierra - Fontana 108 111 1.03 42% Gardens at Sierra - Fontana 93 89 0.96 57% Fountains at Sierra - Fontana 93 83 0.89 64% Plaza at Sierra - Fontana 90 91 1.01 63% AVERAGE 0.9 63% Day Creek Senior Villas TRAFFIC `STUDY • Trip Generation Evaluation prepared by Urban Crossroads in September 2016 • Proposed Project is anticipated to generate 28 AM peak hour trips and 35 PM peak hour trips • No additional analysis is necessary since less than 50 peak hour trips Day Creek Senior Villas cull cvcn P759 STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Linda Ceballos, Environmental Programs Manager SUBJECT: PUBLIC HEARING TO CONSIDER RESOLUTION NO. 17-040 SETTING RESIDENTIAL AND COMMERCIAUINDUSTRIAL SOLID WASTE COLLECTION RATES WITHIN THE CITY OF RANCHO CUCAMONGA. RECOMMENDATION: Staff recommends the City Council adopt a resolution approving the proposed residential and commercial/industrial solid waste collection rates within the City of Rancho Cucamonga. BACKGROUND: The City of Rancho Cucamonga's (City) franchise waste hauler, Burrtec Waste Industries, Inc. (Burrtec), submitted a written request for a bi-annual adjustment to the residential and commercial/industrial solid waste collection rates to the City on March 31, 2017. The franchise agreement contains specific criteria. deadlines, and rate adjustment methodology that Burrtec must follow when submitting for a bi-annual rate adjustment. The rate adjustment request was reviewed by staff and additionally by an outside consultant to ensure it is in accordance with the terms of the franchise agreement. It has been two years since an increase to either the residential or commercial/industrial rates has been approved. On April 5, 2017, the City Council set a public hearing for June 7, 2017. The public hearing notice was published in the Inland Valley Daily Bulletin on April 18, 2017 and copies were mailed to current account holders on April 20, 2017 satisfying the 45 -day notification period required by Proposition 218. ANALYSIS: As previously mentioned, the franchise agreement establishes frequency and methodology for rate adjustment requests. For the current request covering the 2017 to 2019 rate period, increases are capped at three and one-half (3.5%) for residential rates and five percent (5%) for commercial/industrial rates. Upon review, the proposed rate adjustment request was found to be in accordance with the franchise agreement requirements. The rates consist of service costs, disposal and processing costs, and the City's franchise fee. The service costs have been increased based on changes in the Consumer Price Index since the last rate increase. As well, disposal and processing costs have increased, most notability with respect to processing of recyclables. Residential The proposed adjustment for standard residential barrel service, would increase the rate by $0.78 per month from $22.48 to $23.26 per month. This represents a 3.47% increase from the current rate. The proposed senior rate would be increased by $0.52 per month from $15.06 to $15.58 per month. This represents a 3.47% increase from the current rate. Page 1 of 2 CITY COUNCIL STAFF REPORT — PUBLIC HEARING FOR SOLID WASTE RATES June 7, 2017 P760 Commercial/I ndustrial The proposed adjustment for commercial/industrial solid waste collection service would result in an increase of 5.0% or less. The actual increase will vary based on the bin size and pick-up frequency of each commercial/industrial customer. As an example, the current rate for a commercial customer with a 3 -yard trash and recycle bin serviced one time per week is, $154.62 per month. The proposed rate would be $162.35 per month (a 5% increase). The other bin size and frequency rates are included in Exhibit A. New proposed services Burrtec has proposed the following new or expanded services and fees for consideration. 1. A contamination fee is proposed to discourage residents and businesses from using recycling or organics bins for trash. Residents and businesses will be provided with a one time, no charge courtesy collection of a contaminated container, with the exception of hazardous waste or biohazardous waste. Subsequent contaminated bins would result in assessment of the fee on a per occurrence basis. 2. A new End Dump service is proposed, further expanding services for construction and demolition projects. 3. Food waste recycling services have been expanded to offer businesses several options in bin size and service frequency. The proposed expanded food waste recycling services are necessary to comply with Assembly Bill 1826, which is the state's mandatory organics legislation, requiring businesses and multi -family properties that generate four cubic yards of organics per week to arrange for organics collection service. 4. Commercial recycling bin services have also been expanded to offer businesses several options in bin size and service frequency. The proposed expanded commercial recycling bin services are necessary to comply with Assembly Bill 341, the state's mandatory commercial recycling legislation, requiring businesses and multi -family properties that generate four cubic yards of waste to establish recycling service. As of May 30, 2017, a total of nine (9) protest letters were received by the City Clerk and staff answered fifty-six (56) inquiries from the community. Protest letters, including those received up until the day of the public hearing, will be provided to Council at the meeting. If approved, the proposed rates would become effective July 1, 2017. FISCAL IMPACT: The City receives a franchise fee from Burrtec, paid quarterly, which equals fifteen percent (15%) of the gross receipts received by Burrtec. The franchise fee amount is expected to increase slightly with the proposed rate adjustment. COUNCIL GOAL(S) ADDRESSED: (if applicable) Not applicable. ATTACHMENTS: Attachment 1 — Resolution No. 17-040 Page 2 of 2 P761 RESOLUTION NO. 17-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SETTING RESIDENTIAL AND COMMERCIAL/INDUSTRIAL SOLID WASTE AND RECYCLING COLLECTION RATES WITHIN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted Chapter 8.17 and Chapter 8.19 of Title 8 of the Rancho Cucamonga Municipal Code establishing Refuse Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended from time to time by resolution; and WHEREAS, pursuant to the Rancho Cucamonga Municipal Code Sections 8.17.040 and 8.19.040, and agreements between the City of Rancho Cucamonga and Burrtec Waste Industries ("Burrtec") for the collection, disposal, and processing of residential, commercial, and industrial refuse, recyclables, and green waste within the City of Rancho Cucamonga; and, WHEREAS, pursuant to the Rancho Cucamonga Municipal Code Sections 8.17.040 and 8.19.040, and the agreements, Burrtec has requested a change in the rates to be charged for residential, commercial, and industrial collection services, and has provided the City with the financial, operational, and other information; and WHEREAS, based upon the amount of the rate changes requested and the information provided by Burrtec pursuant to Rancho Cucamonga Municipal Code Sections 8.17.040 and 8.19.040, the City Council has determined that such changes are justified and appropriate; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. A. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: Section 1. The facts set forth in the Recitals, of this Resolution, are true and correct. Section 2. The City Council of the City of Rancho Cucamonga does hereby approve the proposed monthly rates for solid waste collection as follows: Resolution No. 17-040 - Page 1 of 4 ATTACHMENT 1 RESIDENTIAL RATES: P762 Residential Barrel Service Standard $23.26 Per Item Charge Additional Green Waste Barrel $3.79 Senior $15.58 4X Additional Recycling Barrel $1.48 Multi -Family -Per -Unit $22.26 $253.50 Backyard Pull -Out Service $49.29 Additional Trash Barrel $7.33 N/A N/A N/A Additional Residential Services Temporary Bins $106.47 Temporary Bins -Extra Pick -Up $106.47 Bulky Items: In excess of four collections/five items per collection Trip Charge $30.84 Per Item Charge $11.31 Residential Single and Multi -Family Bin Service same size and service frequency. 1X *Rate includes one refuse bin and one recycling bin of the Bin Size 1X 2X 3X 4X 5X 6X 3 CY $156.82 $253.50 $350.15 $423.15 $512.54 $602.56 COMMERCIAL RATES: Commercial Barrel Service -Trash & Rec clin • Service Bin Size 1X 2X 3X 4X 5X 6X Standard (95 gallon) $28.38 $47.07 $64.53 $81.92 $99.29 $116.78 Additional Recycling Barrel $1.77 N/A N/A N/A N/A N/A Commercial Trash and Recycling Bin Service same size and service fre uency. *Rate includes one refuse bin and one recycling bin of the Bin Size 1X 2X 3X 4X 5X 6X 1.5 CY $117.14 $175.95 $233.64 $310.35 $373.59 $437.36 2 CY $132.53 $205.66 $279.10 $375.94 $454.11 $532.90 3 CY $162.35 $256.23 $350.82 $444.93 $539.06 $633.84 4 CY $191.75 $311.15 $430.28 $549.34 $668.39 $787.71 6 CY $234.35 $402.71 $571.05 $739.71 $908.06 $1,076.36 Green Waste Bins Bin Size 1X 2X 3X 4X 5X 6X 3 CY $151.13 $233.82 $317.24 $400.19 $483.07 $566.70 Additional Recycling Bins- Not available for accounts established after June 30. 2017. Bin Size 1X 2X 3X 4X 5X 6X 3 CY $50.53 $87.11 $115.40 $144.94 $173.6+8 $203.44 Resolution No. 17-040 - Page 2 of 4 P763 Additional Recycling Bin Service -New Bin Size 1X 2X 3X 4X 5X 6X 1.5 CY $101.19 $145.29 $188.33 $231.99 $275.64 $319.82 2 CY $111.75 $165.42 $219.39 $271.45 $323.53 $376.18 4 CY $151.82 $232.88 $313.69 $394.40 $475.11 $556.11 6 CY $175.63 $286.71 $397.78 $509.16 $620.23 $731.24 Commercial Trash and Recycling Compactor Service Bin Size 1X 2X 3X 4X 5X 6X 3 CY $266.48 $430.40 $595.32 $759.56 $923.73 $1,088.98 4 CY $318.57 $528.12 $737.57 $946.86 $1,156.14 $1,365.58 6 CY $417.41 $720.58 $1,023.69 $1,326.64 $1,629.60 $1,932.68 ROLL -OFF RATES: Trash Roll -Offs *Roll -off service rate is charged per service and subject to market rate disposal and processing fees charged per ton. 10 -yard 20 -yard 40 -yard 40 -yard compactor $571.63 $571.63 $571.63 $830.39 Additional Trash Roll -Off Fees and subject to market rate disposal and processing Relocation Fee $63.35 Rental Fee (per day after seven days $25.15 Recycling Roll -Offs and subject to market rate disposal and processing *Roll -off service rate is charged per service fees charged per ton. 10 -yard C&D 40 -yard C&D 20 -yard Recycling 40 -yard Recycling Compactor 40 -yard Wood/Green Waste $234.18 $183.50 $183.50 $183.50 $183.50 ) DDITIONAL MISCELLANEOUS SERVICE RATES: Additional Miscellaneous Services Fees Extra Pick -Up (barrel): $21.14 Extra Pick -Up (bin) $44.61 Extra Pick -Up (compactor): $89.23 Tilthopper Rental $41.09 Bin Lock $11.74 Push -Out Service *Rates per container, per service frequency 26-50 ft. $40.85 Over 50 ft. $81.68 Resolution No. 17-040 - Page 3 of 4 P764 Food Waste Service Bin Size 1X 2X 3X 4X 5X 6X 1.5 CY $211.24 $373.03 $524.78 $675.26 $824.25 $973.57 2 CY $263.41 $481.57 $685.18 $890.10 $1,122.92 $1,297.84 65 gallon $67.51 $123.07 $174.81 $226.86 $286.30 $330.47 Contamination Fee *One time no charge courtesy collection of contaminated container will be allowed, with the exception of hazardous waste or biohazardous material. Fee. $44.61 End Dump *Hourly service rate, and also subject to actual disposal and processing fees. . Fee. $183.64 Section 3. The proposed rates will become effective July 1, 2017. Section 4. This Resolution shall become effective once adopted. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 7 day of June, 2017. Resolution No. 17-040 - Page 4 of 4 Current Rate EXHIBIT A CITY OF RANCHO CUCAMONGA, CALIFORNIA 2017 PROPOSED SOLID WASTE RATES ALL RATES ARE BILLED MONTHLY UNLESS OTHERWISE NOTED Proposed Rate Residential Barrel Service Includes 1 barrel each for trash, recycling, & green waste. Standard 522.48 523.26 'Senior 515.06 515.58 'Primary acct. holder 60 yrs. of age or older are eligible to apply for Senior rate Additional Trash Barrel Additional Recycling Barrel Additional Green Waste Barrel Backyard Pull -Out Service $7.13 57.33 51.44 51.48 53.69 $47.94 Multi -Family -Per Unit 521.48 Temporary Bins $103.56 Temporary Bins -Extra Pick -Up 5103.56 Bulky Items (in excess of 4 collections/5 items per collection) Trip Charge 530.00 Per Item Charge $11.00 Residential customers are billed every 2 months. Residential Single & Multi -Family Trash & Recycling Bin Service Rate includes 1 trash & 1 recycling bin of the same size & service frequency. Bin Size Per Week 3 yd 3 yd 3 yd 3 yd 3 yd 3 yd 1 $149.36 2 5241.43 3 $333.48 4 $403.00 5 5488.13 6 5573.87 Green Waste Bin Service Size Per Week 3 yd 3 yd 3 yd 3 yd 3 yd 3 yd Trash Roll -Off Service '10 Yard '20 Yard '40 Yard '40 Yard Compactor Relocation Fee 1 $143.94 2 5222.69 3 5302.13 4 5381.14 5 5460.07 6 5539.72 $550.37 5550.37 $550.37 $798.19 $61.62 •Rolloff and compactor service rate is charged per service. $3.79 $49.29 $22.26 5106.47 $106.47 530.84 $11.31 5156.82 5253.50 5350.15 5423.15 5512.54 $602.56 5151.13 $233.82 $317.24 5400.19 $483.07 5566.70 5571.63 5571.63 5571.63 5830.39 563.35 Recycling Roll -Off Service '10Yard-C&D $228.03 5234.18 '40Yard-C&D $178.67 $183.50 '20/40 Yard -Recycling $178.67 5183.50 '40 Yard -Recycling Compactor 5178.67 5183.50 '40 Yard-Wood/Green Waste $178.67 5183.50 Relocation Fee 561.62 $63.35 'Roll -off service rate 1s charged perservlce and subject to disposal and processing fees charged per ton. Also subject to Transportation Fee, If customer requests direct haul to a specific location. Additional Services Extra Pick -Up (barrel) Extra Pick -Up (bin) Extra Pick -Up (compactor) Tilthopper Rental Bin Lock 'Rolloff Rental Fee $20.56 543.39 586.79 $39.97 511.42 524.46 'Per day after 7 days if not scheduled for weekly service. Extra Recycling Barrel -Commercial 65 gal 51.72 Commercial Refuse/Trash & Recycling Barrel Service Standard Per Week 95 Gal 1 $27.03 521.14 544.61 $89.23 541.09 $11.74 525.15 Current Rate Proposed Rate Commercial Trash & Recycling Bin Service 'Rate includes 1 trash & 1 recycling bin of the same size & service frequency. Bin Size Per Week 1.5 yd 1 $111.57 5117.14 1.5 yd 2 5167.57 5175.95 1.5 yd 3 5222.51 $233.64 1.5 yd 4 5 - $310.35 1.5 yd 5 $ - 5373.59 1.5 yd 6 $ - $437.36 2 yd 1 $126.22 5132.53 2 yd 2 5195.87 $205.66 2 yd 3 $265.81 $279.10 2yd 4 5 - $375.94 2yd 5 5 - $454.11 2 yd 6 $ - 5532.90 3 yd 1 $154.62 5162.35 3 yd 2 $244.03 5256.23 3 yd 3 5334.11 $350.82 3 yd 4 $423.75 5444.93 3 yd 5 $513.40 $539.06 3 yd 6 5603.66 5633.84 4 yd 1 $182.62 5191.75 4 yd 2 5296.33 $311.15 4 yd 3 5409.80 $430.28 4 yd 4 5523.19 5549.34 4 yd 5 $636.56 5668.39 4 yd 6 5750.20 5787.71 6 yd 1 $223.20 5234.35 6 yd 2 $383.53 5402.71 6 yd 3 5543.86 5571.05 6 yd 4 5704.49 $739.71 6 yd 5 $864.82 5908.06 6yd 6 51,025.10 51,076.36 Commercial Trash & Recycling Compactor Bin Service 'Rate includes 1 trash & 1 recycling bin of the same size & service frequency. Bin Size Per Week 3 yd 1 5253.79 $266.48 3 yd 2 5409.90 $430.40 3 yd 3 $566.97 5595.32 3 yd 4 5723.40 $759.56 3 yd 5 5879.74 $923.73 3 yd 6 $1,037.13 51,088.98 4 yd 1 $303.40 5318.57 4 yd 2 5502.98 $528.12 4 yd 3 $702.45 $737.57 4 yd 4 5901.77 $946.86 4yd 5 51,101.09 $1,156.14 4yd 6 51,300.55 $1,365.58 6 yd 1 5397.54 5417.41 6 yd 2 5686.27 5720.58 6 yd 3 5974.95 $1,023.69 6 yd 4 $1,263.47 51,326.64 6 yd 5 51,552.00 51,629.60 6 yd 6 51,840.65 51,932.68 Push -Out Rates (Per container, per service frequency) 26-50 ft 539.73 540.85 Over 50 ft. 579.45 581.68 New New New New New New Additional Recycling Bin Service -For Existing Accounts Only Not available to accounts established after 6/30/2017. Bin Size Per Week 3 yd 1 548.13 $50.53 $1.77 3 yd 2 $82.97 587.11 3 yd 3 5109.90 5115.40 3 yd 4 5138.04 5144.94 3 yd 5 5165.41 5173.68 $28.38 3 yd 6 5193.76 5203.44 P765 NEW Services and Rates New Proposed listed below Rate Additional Recycling Bin Service -NEW Bin Size Per Week 1.5 yd 1 1.5 yd 2 1.5 yd 3 1.5 yd 4 1.5 yd 5 1.5 yd 6 2 yd 1 2yd 2 2yd 3 2yd 4 2yd 5 2 yd 6 4yd 1 4yd 2 4yd 3 4yd 4 4yd 5 4yd 6 6yd 1 6 yd 2 6 yd 3 6 yd 4 6yd 5 6yd 6 Food Waste Service -NEW Bin Size Per Week 1.5 yd 1.5 yd 1.5 yd 1.5 yd 1.5 yd 1.5 yd 2 yd 2 yd 2 yd 2 yd 2 yd 2 yd 65 gal 65 gal 65 gal 65 gal 65 gal 65 gal 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 $101.19 5145.29 5188.33 5231.99 $275.64 5319.82 $111.75 $165.42 $219.39 $271.45 $323.53 $376.18 $151.82 5232.88 $313.69 5394.40 5475.11 5556.11 $175.63 5286.71 $397.78 $509.16 $620.23 5731.24 5211.24 $373.03 $524.78 5675.26 $824.25 5973.57 5263.41 5481.57 5685.18 $890.10 $1,122.92 51,297.84 567.51 $123.07 5174.81 $226.86 $286.30 5330.47 Contamination Fee -NEW 544.61 'One-time no charge courtesy collection of contaminated container will be allowed with the exception of hazardous waste material, or biohazardous material. Commercial Refuse/Trash & Recycling Barrel Service NEW Rates & Service Levels Standard 95 Gal 95 Gal 95 Gal 95 Gal 95 Gal Per Week 2 3 4 5 6 547.07 $64.53 $81.92 $99.29 5116.78 End Dump -NEW $183.64' 'Hourly service rate, and also subject to actual disposal and processing fees. June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-0401 P759 Date Received Residential/Commercial Name Address Zip Protest/Public Comment Summary 5/24/2017 Residential Michelle Co 9456 Poppyfield Court 91730 Protest Letter opposing rate increase 5/17/2017 Residential Kristie Sepulveda- Burchit Protest- Public Comment Email suggesting discount rate for elderly & households with disabilites and special needs 5/17/2017 Residential Brian Ho 7254 Topaz Street 91701 Protest Letter suggesting proposed rate increase be postponed and Rancho Cucamonga adopt the Pay As You Throw Program (PAYT) 5/15/2017 Residential Anil Kheraj 9421 Stoneybrock Place 91730 Protest Letter protesting increase due to rising cost of living expenses in California and the other increasing taxes. 5/8/2017 Residential Seemeen Mehr 6949 Doheny Place. #D 91701 Protest Letter stating she has limited social security benefits and cannot afford rate increase. 5/2/2017 Residential Vito Adragna 7658 Belvedere Place 91730 Protest Letter protesting, on limited pension budget. Does not generate enough waste, and unfair. 4/26/2017 Residential Rae Pangburn 6250 Kinlock Avenue 91737 Protest Letter protesting increase because she is a senior on social security. 4/26/2017 Commercial Jeani Garvin 11010 Arrow Route Suite : 91730 Protest Letter protesting, stating that the increase will create an undue hardship on existing and future tenants of the Arrow Business Center 4/25/2017 Residential Vincent Campo 9409 Friant Street 91730 Protest Letter protesting increase because he is senior citizen on fixed income and although the increase is based on the CPI, the social security benefits have not increased. June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-0401 P759 May 17, 2017 City Clerk's Office 10500 Civic Center Drive Rancho Cucamonga, CA 91730 To whom it may concern, ogezive Mgy2y , 2017 oFzcc��k „„m04 We are writing to OPPOSED on the increase for the 2017 residential proposed solid waste rates within Rancho Cucamonga. Property Address: 9456 Poppyfield Ct. Rancho Cucamonga, CA 91730 Sincerely, Clibto10_ Michelle Co June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-0401 P759 From: aaron2kristie(agmail.com To: Troyan, Linda; Ostos Marissa Subject: Hearing Date: Wednesday, May 17, 2017 2:53:43 PM Hi there. I wanted to submit written public comment on ideas for the upcoming hearing on fees. I would like a discount rate not only for elderly but also households of those with disabilities and special needs Thank you for your time and consideration. Kristie Sepulveda-Burchit Rancho Cucamonga Resident June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-040 1 P759 Brian Ho 7254 Topaz St Alta Loma, CA 91701-5449 May 14, 2017 Mayor and City Council Members City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 RE: Notice of Public Hearing — Solid Waste Rates Dear Mayor and City Council Members: RECEIVED MAY 1 7 2017 CITY CLERK CITY OF RANCHO CUCAMONGA I am writing to recommend that the proposed increase to solid waste rates be postponed. As a resident of Rancho Cucamonga I am concerned about the environmental impact of excessive solid waste. I attempt to do my part and limit waste. Often times my solid waste trash bin is filled only a quarter full. Yet I am paying the same waste disposal fee as others when I produce little trash. Thus, I recommend that the City Council postpone the rate increase and instead explore options for a Pay As You Throw (PAYT) program. Cities such as Pasadena, California and San Antonio, Texas have taken the lead in implementing a PAYT program. The Environmental Protection Agency (EPA) has an entire website dedicated to educating local officials about the benefits of a PAYT program which can be accessed here: https://archive.epa.gov/wastes/conserve/tools/payt/web/html/toolkit.html Here is a section on the EPA website which outlines what PAYT is: "PAYT is a derent way of paying for waste collection and disposal services. In some communities, it works on a per -container basis: households are charged for each bag or can of waste they generate. A few communities bill residents based on the weight of their trash. Either way, the system motivates people to recycle more and to think about ways to generate less waste in the first place. Page 2 For community residents, however, the most important advantage may be the fairness and greater control over costs that it offers. Do you have neighbors that never seem to recycle and always leave out six or seven bags of trash? While you may not have thought about it, right now you're helping them pay for that waste. Under PAYT, everyone pays only for what they generate -so you won't have to subsidize your neighbor's wastefulness any more. It's only fair. With PAYT, when you recycle and prevent waste, you're rewarded with a lower trash bill." Rancho Cucamonga residents have identified that a clean and sustainable environment is a priority. Instead of simply increasing fees, we should take the initiative and contribute to a healthier environment by exploring PAYT as a viable option. Mayor and City Council, this is the time for you to make a commendable contribution to the sustainability of our environment and make Rancho Cucamonga a leading city in this global effort. Sincerely, Brian Ho June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-040 1 P759 1 June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-040 1 P759 Re: Notice of Public Hearing — Solid Waste Rates Dear Sir/Madam RECEIVED MAY 15 2017 CITY CLERK CITY OF RANCHO cucAMONGA May I please register my protest for the increase in rates for the disposal of solid waste? It was just till recently that rates were increased. Cost of living in California is getting higher due to the taxes — thanks to Governor Jerry Brown who is increasing the gas tax rates starting in November. Now you increase the rates on the waste disposal. Also the service from Burtec is mediocre at best. They simply come and pick up the thrash and take it away — sometimes throwing the trash cans on the parkway and damaging it. Why are we paying more for the same poor level of service? Besides, why don't we have an option of finding another company that would charge us less? I am already paying more on my property tax bill to fund some bonds for school, then the water bills where even if we conserve on water we are charged the same. We cannot afford this constant increase in cost of living. It seems these decisions are being made to drive people out of California. I do not think an increase in rates at this time is affordable for home owners and residents. We need to find cost effective options rather than pocketing money from the citizens year after year. Why doesn't Burtec find a way to reduce their cost of running business? Thank you e raj 9421 Stoneybrock PI Rancho Cucamonga CA 91730 Mayor L. Dennis Michael 1 Mayor Pro Tem Lynne B. Kennedy Council Members William J. Alexander, Sam Spagnolo, Diane Williams City Manager John R. Gillison CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive 1 P.O. Box 807 1 Rancho Cucamonga, CA 91729-0807 1 Weidal_www.CityofRC.us VEL) MAY -8 2017 Notice of Public Hearing — Solid Waste Rases-; CITYCLERK RANCHO CUCAMNion,GA Notice is hereby given that a public hearing concerning revisions to residential and commercial solid waste rates has been scheduled for the 7th day of June, 2017, at 7:00 p.m. in the Council Chambers of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California. The current and proposed rates are attached as Exhibit 'A' and available for review in the Office of the City Clerk during regular business hours: Monday through Thursday, from 7:00 a.m. to 6:00 p.m. The proposed increases are based upon an adjustment for the Consumer Price Index increase to the service component, a pass through of any disposal/processing costs, and an adjustment in City fees based on the overall adjusted rate. At the public hearing, the City Council shall consider all protests against the proposed rates. Written protests must be received in the City Clerk's office no later than 6:00 p.m., June 6, 2017, or submit their protests during the public hearing. Further information may be obtained by contacting the City of Rancho Cucamonga, Califomia at 909-477-2740: Dated: April 13, 2017 hd`a A. Troyan, MMC City Clerk Services Director aricio _ /7 LokDn/ hvid_ C Tict, A Lc)-1-eG-tt,-- set: Ax_12 ikj:ka e_c_,ytjjja ' eLo4 , A e S c44 -p-24 cAq-ot-d ;,,Lims2A40 Pel_aA52,4 June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-040 1 P759 10500 Civic Center Dr. • P.O. Box 807 • Rancho Cucamonga, CA 91729-0807 • Tel (909) 477-2700 • Fax (909) 477-2849 • www.CiryofRC.us ® June -7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-040 1 P759 tr/ c a- A, ! r o e4 Sc ('.1 W tl sY K1 t ;!p /c(ra. r �t. ra`Lr e. ,`Nc; Ce r /V of MAY -2 2017 emir CITy CLEC0,414431fEr a.,jec% 1 77\e c per-r.'oAr b0�eT r ?crsJ/y( 1 - ye ,J e r cc_1/41e e,-.) p cL,l1 f.sTe T.jc, % e p 0Nce /4 "On, TA , ..-1 "PC- , r Cef‘e) U 1 U43 / V r� "d(r t 76s -g- ge(,),ger, rf4ce cA d,7 a. , 9)730 ?o7- 98-1/- 0 7a • June 7, 2017 City Council Meeting 1 J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL Item J3. Resolution No. 17-040 1 P759 VYUKON DISPOSAL SERVICE 9820 CHERRY AVE. FONTANA, CA 92335 RECEIVED APR 2 6 2017 CITY CLERK CITY OF RANCHO CUCAMONGA 08-K4 185561 RAE PANGBURN 6250 KINLOCK AVE RANCHO CUCAMONGA, CA 91737 1/2-0 d/11 fr 025008 d 44° CjS � 17/17/5;2 b aw2 Com/ 0 c7 airt 9:721 74/ Alf )1 =1)/ ° Ell via/ yg4/0 S�fSao /29E).? B '7g-)SigidAe :AFT\ Jr'3 .I VALIAY 11010 ARROW ROUTE, SUITE 101 RANCHO CLCAMONGA, CA 91730 TEI.EI'H0NF: 909-944-5560 FACSIMI I.E: 909-941-8013 WWW.MIDVALLEYMANAGEMENT.COM April 26, 2017 0 z 0 0 a) E a) RE: Notice of Public Hearing — Solid Waste Rates —June 7 2017 0 U This letter will serve as a formal protest of the proposed solid waste rate increase by the City of cn The proposed solid waste rate increase will create an undue hardship on our existing and future tenants at the Arrow Business Center in Rancho Cucamonga, California. U_ J m CL 0 w CO 1- w 0 Linda A. Troyan, MMC City Clerk Services Department City of Rancho Cucamonga PO Box 807 Rancho Cucamonga, CA 91729 Dear Ms. Troyan: Rancho Cucamonga. Please feel free to contact me with any questions or concerns. Thank you. Sincerely, MID VALLEY MANAGEMENT 0) a) Jeani Ga Property Manager U ARROW B`►rINESS CENTER 0 U U r O N a) RANCHO DISPOSAL SERVICES, INC. 8OB RRTEC WASTE INDUSTRIES, INC. 20 CHERRY AVE. FNTANA, CA 92335 04 -RR 278447 VINCENT CAMPO 9409 PRIANT ST RANCHO CUCAMONGA, CA 91730 ✓r 11) -t --f L r RECEIVED APR 2 5 2017 CITY CLERK CITY OF RANCHO CUCAMONGA iS cr i 5-71- < r �`D 03 Y , %%f / �s - _5.4/ o0 -/4 5( ;ds er, c74),//yfC reams f �S a u- (7Ue7 /&/Nn kg 5 )c---eevi /7 e,0 CC fL5L-e r 005974 r,ce YIr0Y oY7 C (Pc? /l743- c-rQ /✓!cY'e ' c�PY e pu r pr oSos¢( Ps r ce_Le rt(aA- y \ree rn5( 1r 5pc, r.t 5eC r,�11r/7(6"- <S 1#Crre5 FSS cee� SPS or� P p Public Hearing Solid Waste & Recycling Collection Rates June 7, 2017 CITY OF RANCHO CUCAMONGA Rate Adjustment Request • Burrtec Waste Industries submitted a rate adjustment request to the City on March 31, 2017. • Last increase in 2015. • Increase is based on adjustments to: • Consumer Price Index Adjustment • Disposal and Processing Cost Increases CITY OF RANCHO CUCAMONGA Rate Adjustment Review • The franchise agreement establishes frequency and methodology for rate adjustment requests. • Rate Adjustment Request reviewed by staff and outside consultant and was found to be in accordance with the franchise agreement requirements. • 2017 to 2019 Rate Period • Residential increase not to exceed 3.5% • Commercial increase not to exceed 5% CITY OF RANCHO CUCAMONGA Residential Service • Standard Residential Rate - $0.78/month increase • Current Rate: $22.48 • Proposed Rate: $23.26 • Senior Rate - $0.52/month increase • Current Rate: $15.06 • Proposed Rate: $15.58 • Increase of 3.47% from current rate CITY OF RANCHO CUCAMONGA Commercial/Industrial Service • Commercial Rates vary based on container size and service frequency. • Increase of 5% or less from current rate. • Example: 3 -yard trash & recycling picked up once a week • Current Rate: • Proposed Rate: $154.62 per month $162.35 per month CITY OF RANCHO CUCAMONGA New Proposed Services • Contamination Fee • To discourage use of recycling or organics bins for trash • End Dump Service • Expand services for Construction & Demolition projects • Food Waste Recycling and Commercial Recycling • Bin size and service frequency expanded to provide service options for businesses to comply with State mandates CITY OF RANCHO CUCAMONGA Proposition 218 Requirements • 45 -day Public Hearing Notice Required • Public Hearing Notices & proposed rate table mailed April 20, 2017 • Advertised in Inland Valley Daily Bulletin on April 18, 2017 CITY OF RANCHO CUCAMONGA Response to Notices • Written Protests: 9 • Inquiries: 57 total • Requested Senior Rate: 34 • Visited City Frequently Asked Question page: 25 CITY OF RANCHO CUCAMONGA Recommendation • Staff recommends City Council approve the proposed rate adjustment. • Effective date is July 1, 2017, if proposed rates are approved. CITY OF RANCHO CUCAMONGA Questions? CITY OF RANCHO CUCAMONGA DATE: June 7, 2017 P766 CITY OF RANCHO CUCAMONGA STAFF REPORT TO: Mayor and Members of the City Council President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services \I Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION OF APPROVAL REGARDING VARIOUS ACTIONS TO STREAMLINE THE CITY'S PROCUREMENT PROCESSES RECOMMENDATION: It is recommended that the City Council conduct a first reading for the following: 1. Ordinance 910 amends Chapter 3.08 of the Rancho Cucamonga Municipal Code which revises and updates the City's procurement system with regard to professional services and informal Public Works bids. It is recommended that the City Council and Fire Board consider approval of the following actions: 1. City Resolution 17-042 and Fire Board Resolution 17-006 to update staff signature authority limits and bidding threshold limits; and 2. City Resolution 17-041 and Fire Board Resolution 17-005 to authorize participation in the California Uniform Construction Cost Accounting Act Program for Public Works bids. BACKGROUND: Formal solicitations such as Request for Bids (RFB) or Proposals (RFP) are currently conducted for goods and services (including Professional Services) for $50,000 and over. On average from the receipt of a Procurement Requisition to the generation of a Purchase Order, RFB activities can take 25 to 30 days. On average, RFP activities from the receipt of a Procurement Requisition to the generation of a Purchase Order is 2 to 3 months. Below is a table showing the growth for informal and formal solicitation throughout the past five years. Solicitations FY 11/12 FY 12/13 FY 13/14 1 FY 14/15 15 FY 15/16 FY 16/17] 29 21 Formal Bids 14 19 21 24 Formal Proposals 13 10 8 21 23 Informal Quotes 31 55 37 40 40 22 Currently all Public Works projects are formally bid in accordance with the Public Contract Code § 20160. These activities are conducted through the Engineering Services Department. Page 1 of 3 P767 CONSIDERATION OF APPROVAL REGARDING VARIOUS ACTIONS TO STREAMLINE THE CITY'S PROCUREMENT PROCESSES JUNE 7, 2017 ANALYSIS: To continue in our efforts to conduct the Procurement process in the most fair and equitable manner while streamlining the process to best serve our internal customer base and making the best use of taxpayer resources, the Procurement Division convened a working group of City departments to study ways that our processes could be streamlined. Staff has also conducted a survey of a number of surrounding cities regarding their spending and bidding limits. As a result of these efforts, in order to further the effort of bringing the procurement procedures up-to-date and in line with the proposed staff authority limits and bidding thresholds, some ordinance and resolution updates are recommended to modify those solicitations for Professional Services and Public Works. Changes to Professional Services: Request for Proposals (RFP) for Professional Services as defined by Government Code Section 37103 are not required to be competitively bid under state law. This is because of the difficulty that is involved on awarding a professional services contract based on cost alone. There are various factors or criteria that have to be considered when attempting to identify a professional service provider consideration must be given to the fact that r; individuals and companies have varying subject matter expertise and project experience, and it is in the public's best interest to select the most qualified individual or company that can provide the best value to the City for the lowest cost. To align with state law and common practice in other agencies, staff is recommending an ordinance change to allow all Professional Services with a value of less than $100,000 to be processed as an open market procedure. This will allow the City to select the most qualified professional service provider offering the best value at the lowest cost to the City through a negotiated process, based on their individual expertise, in a shorter timeframe. Changes to Public Works Project Processes: Currently all Public Works projects are formally bid in accordance with the Public Contract Code § 20160. In 1983, the Uniform Public Construction Cost Accounting Act (UPCCA) was enacted under the Public Contract Code Section 22000 et seq. If a city opts in to the UPCCA program, public agencies are allowed to conduct project work with their own workforces, which is called "force account work", in an amount up to $45,000, instead of $5,000 per project. It also allows agencies to award Public Works contracts of up to $45,000 by selecting a licensed contractor, and allows informal Public Works bids of up to $175,000. Any projects of $175,000 or more would still require a formal competitive process. As of March 2017, 221 cities in California have opted to participate in the UPCCA program. The institution of a higher force account limit, and especially the ability to do informal Public Works bids, have significant advantages for the City. The informal bid process means that no formal specifications or drawings are required for these smaller projects, which means small projects can be built in a matter of weeks instead of months, saving a great deal of staff time for more complex projects. It is recommended that Rancho Cucamonga opt into the program as another way to streamline processes. Page 2 of 3 CONSIDERATION OF APPROVAL REGARDING VARIOUS ACTIONS TO STREAMLINE THE CITY'S PROCUREMENT PROCESSES JUNE 7, 2017 OTHER PROPOSED MODIFICATIONS: Staff Signing Authority Limits The City Manager will continue to have $100,000 signature authority with the exception of Public Works contracts, where his/her signature authority will be $175,000 in accordance with the Uniform Public Construction Cost Accounting Act. In addition, rather than assigning other delegates lower levels of signature authority by resolution, the City Manager will have the discretion to designate which staff members have what limits below his/her authority. Any City Manager delegated limits will be documented and reviewed on an annual basis and updated as needed. This change will allow signature authorities to be easily updated as titles and positions change in the organization, while maintaining the same level of expenditure control. Bidding Threshold Limits Bidding threshold limits will be increased as indicated on the chart below. These limits have not been changed in at least 11 years: Procedure Type Current Proposed Open Market Up to $5,000 Up to $20,000 Informal Solicitation $5,000 — up to $50,000 $20,000 — up to $50,000 Formal Solicitation $50,000 and over $50,000 and over (Goods only) Professional Services Solicitation Same as Formal Solicitation Open Market — up to $100,000 Formal Solicitation - $100,000 and over Public Works Bidding $1,500-$5,000 UPCCA Open to Force Account — up to $45,000 Informal Solicitation - $45,000 and over Formal Solicitation - $175,000 and over By updating the bid thresholds, especially for open market purchases, this streamlines and expedites the informal and formal bidding process for retaining goods or services while allowing for prompt billing and payment, and maintaining a focus on the best use of every taxpayer dollar FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 — — Ordinance No. 910 (First Reading) — Threshold Resolution 17-042 — Threshold FD Resolution 17-006 — UPCCAA Resolution 17-041 — UPCCAA Fire Resolution 17-005 UPCCAA FAQs Page 3of3 P768 ORDINANCE NO. 910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT The City Council of the City of Rancho Cucamonga does ordain as follows: A. RECITALS 1. The City has adopted a central purchasing system, which is codified in Chapter 3.08 of the Rancho Cucamonga Municipal Code ("Municipal Code") and that contains among others, provisions regarding contracts for professional services and public works. 2. It is in the public interest to amend those provisions of Chapter 3.08 of the Municipal Code regarding contracts for professional services and public works to allow the City the greatest flexibility allows under state law. 3. Sections 37103 and 53060 of the Government Code allow the City to contract with professional for special services to the City with or without competitive bidding. 4. The Uniform Public Construction Cost Accounting Act, Public Contract Code §22000 et seq. ("UPCCAA") establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works projects valued at $175,000 or less, or as the UPCCAA may be amended. The City Council has previously adopted a resolution electing for the City to be subject to the UPCCAA. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. ORDINANCE Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. Section 3.08.070 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.070. - Bidding generally. A. Purchasing by bid process. Purchasing of supplies and equipment shall be by bid process pursuant to sections 3.08.080 and 3.08.090. However, bidding may be dispensed with upon adequate, specific documentation when one of the following conditions exists: 1. When, in the view of the city manager or the person acting in that capacity, an emergency requires that an order be placed with the nearest available source of supply; Ordinance No. 910 — Page 1 of 6 ATTACHMENT #1 P769 2. When the amount involved is less than the open market amount established by resolution of the city council; 3. When the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental, or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the using agency, or when there is a sole distributor or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area; 4. When there is to be a contract for professional services. Contracting for professional services may be conducted with or without a request for a proposal/qualification procedure. Awards of professional services contracts shall be made by the purchasing manager upon the request of the City Manager or Department Director when the same have been budgeted and for which sufficient funds have been appropriated. Awards of professional service contracts that exceed the dollar amount for approval by the City Manager shall be subject to approval of the City Council; 5. When, through cooperative purchasing with the state, the county, or other public agencies, the advantage of large-scale buying may be obtained; 6. When the purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government within the previous 365 days (one year); 7. When purchasing from or selling to another governmental agency utilizing purchasing agreements maintained by said governmental agency when such action is beneficial to the interests of the city; 8. When the city council determines by resolution it would be in the best interest of the city to dispense with bidding; provided, however, that the city council shall state the basis of its determination; 9. When there is a breakdown in essential machinery, essential services, or when unforeseen circumstances arise, including delays by contractors, delays in transportation, and unanticipated volume of work which requires the immediate attention of a professional or immediate service/repair in order to protect public health, safety or welfare. B. Additional requirements and prohibitions. 1. Notwithstanding any other term or provision hereof, no contract shall be awarded to any person, firm, partnership or corporation that does not have a city business license when required to possess the same pursuant to any provision of this Code. 2. No person shall be interested personally in any contract made hereunder (see Government Code § 1090 et seq.) or violative of the conflict of interest provisions of the city and/or the Political Reform Act, Government Code § 87100 et seq. 3. Contracts for services and public works projects less than the minimum amounts for public works bidding (see Public Contract Code § 20160 et seq.) may require the payment of prevailing wages pursuant to the Labor Code. Ordinance No. 910 — Page 2 of 6 ATTACHMENT #1 P770 4. Bid splitting. It is unlawful to split or separate into smaller units, quantities, work orders, or projects any purchase of supplies, equipment or services for the purpose of evading the provisions of this chapter pertaining to the purchase of supplies, equipment or services. C. Every person who willfully violates this section is guilty of a misdemeanor." Section 3. Section 3.08.080 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.080. - Formal bid procedure. Except as otherwise provided in this chapter, purchases of supplies, equipment or services of an individual estimated value greater than the established formal bid procedure amount shall be by written contract with the lowest or highest responsible bidder or the bidder who provides goods or services at the best value, as the case may be, pursuant to the procedures prescribed in this section. A. Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where specifications may be obtained, and the date, time and location of when bids are due and will open. 1. Posted notices. Notices inviting bids shall be published at least ten days before the date of the bid opening on the city's website. Notices inviting bids, requests for proposals, or requests for qualifications for professional services may be posted, as available, during the solicitation process, if applicable 2. Bidder's list. The purchasing manager shall also solicit bids from responsible prospective suppliers whose names are on the bidder's list in accordance to the commodity or service category the prospective supplier has specified. B. Bidder's security. When deemed necessary by the purchasing manager, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within ten days after the notice of award of the contract has been mailed unless, in the latter event, the city is solely responsible for the delay in executing the contract. The city may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder or the bidder who provides goods or services at the next best value, with the bidder's security being applied to the amount of the contract price differential between the lowest bid and the second lowest bid, and the contract price differential, if any between the bidder who provides goods or services at the best value and the bidder who provides goods or services at the next best value, with the surplus, if any, returned to the lowest bidder or the bidder who provides goods and services at the best value. If the city rejects the remaining bids presented and re -advertises, the amount of the lowest bidder's security or the security of the bidder who provides goods and services at the best value, may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder or the bidder who provides goods and services at the best value. C. Bid and proposal submission. Sealed bids shall be submitted to the purchasing agent and shall be identified as a bid on the envelope. Alternatively, bids and proposal submissions may be submitted electronically through the electronic bidding system that the city's Ordinance No. 910 — Page 3 of 6 ATTACHMENT #1 P771 purchasing divisions utilizes, unless the purchasing manager determines otherwise. Electronic bid and proposal submittals shall be to the purchasing agent in accordance with policies and procedures adopted by the city council for submission of electronic bids that ensure the identification, security and confidentiality of electronic bids. Sealed and electronic bid and proposal responses and associated documentation will be on file in the city's purchasing division and shall be opened in public at the time and place stated in the public notice. The functionality of the electronic bidding system ensures that bid and proposal submissions remain unopened until the closing date and time of said submissions and that said submissions cannot be viewed by the public or city staff until the closing date and time. A tabulation of all bids received shall be available for public inspection during regular business hours after the bid opening. D. Rejection of bids. The city may reject any and all bids presented, re -advertise for bids or award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any and/or all bids is expressly reserved to the city and said decision shall be final. E. Determination of lowest responsible bidder. 1. Upon opening and tabulation of all bids received to determine the low bidder, the purchasing manager shall thereafter determine the lowest responsible bidder by applying the following criteria: a. For purposes of determining the lowest responsible bidder, there shall be deducted from the bid submitted by a local bidder all sales taxes which will be apportioned to and received by the city; b. The ability, capacity and skill of the bidder to provide the service or commodity required and to comply with all specified requirements in the bid document; c. The bidder's record of performance of previous contracts or services; previous failure to perform to city requirements may disqualify the bidder; d. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. 2. Whenever the purchasing manager determines that a bidder is not responsible pursuant to this section and the specifications of the notice inviting bids, the purchasing manager shall notify the bidder of said determination, in writing. The bidder may, within ten days after notice is given by the purchasing manager, appeal such determination to the city manager who shall conduct a public hearing to determine whether or not the bidder is a responsible bidder. The decision of the city manager shall be final. F. Determination of bidder providing best value. Upon opening and tabulation of all bids received to determine the bidder providing goods and services at best value, the purchasing manager shall thereafter determine the bidder providing best value by applying the following criteria: city's needs, 1. The bid amount; 2. The quality of the bidder's goods or services; 3. The extent to which the bidder's goods or services meet the Ordinance No. 910 — Page 4 of 6 ATTACHMENT #1 P772 4. Any relevant criteria specifically listed in the notice inviting bids. G. Award of contracts. Except as otherwise provided in this chapter, contracts for supplies, equipment or services of a value requiring formal bid procedures shall be awarded to either the lowest responsible bidder or the bidder providing goods and services at the best value. The purchasing manager shall have the authority to award contracts, including capital outlay items, which have been budgeted and for which there are sufficient funds appropriated. Contracts which exceed the appropriated amount, or which are not budgeted, shall not be awarded, except upon approval of the city council. H. Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal or are of equal best values, the city may, in its discretion, accept either bid submitted. Performance security. A performance bond, certificate of deposit or cash may be required before entering into a contract, in such amount as is deemed reasonably necessary to protect the interests of the city. If performance security is required, the acceptable type and amount thereof shall be described in the notice inviting bids and, if a bond, the form of the bond shall be as determined by the city attorney." Section 4. Section 3.08.110 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.110. - Bidding for public projects. A. Public projects, as defined by the Public Contract Code § 22002 shall be bid, advertised, and awarded in accordance with the California Uniform Public Construction Cost Accounting Act ("UPCCAA"), as it may be amended from time to time. B. Contracts for public projects shall be awarded pursuant to the dollar limitations established by UPCCAA, which as of the effective date of this section are as follows: 1. Public projects of forty-five thousand dollars ($45,000) or less may be performed by City employees by force account, by negotiated contract, or by purchase order. 2. Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be let to contract by informal bidding procedures as set forth in this section. 3. Public projects of more than one hundred seventy-five thousand dollars ($175,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure. C. Public projects shall not be split or separated into smaller work orders for the purpose of evading the requirements of the UPCCAA. D. Contractors List. The City shall comply with the requirements of Public Contract Code Section 22034. Ordinance No. 910 — Page 5 of 6 ATTACHMENT #1 P773 E. Informal Bidding. Public projects eligible for informal bidding under the UPCCAA may be let to contract as follows: 1. A notice inviting informal bids shall be circulated using one or both of the following alternatives: a. Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with paragraph C of this section. b. Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided however, if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. 2. The City Manager or his or her designee is authorized to award contracts at or below the dollar limitation applicable to informal bidding. 3. If all bids received through the informal bidding process exceed one hundred seventy-five thousand dollars ($175,000), the City Council of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at one hundred eighty-seven thousand five hundred dollars ($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. F. Formal bidding. Bidding on all public projects subject to formal bidding, shall done in accordance with the procedures set forth in Public Contracts Code § 22037 et seq." Section 5. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 6. The City Clerk shall certify as to the adoption of this Ordinance. PASSED, APPROVED, AND ADOPTED this day of 2017. Ordinance No. 910 — Page 6 of 6 ATTACHMENT #1 P774 RESOLUTION 17-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ALL PREVIOUS APPLICABLE PROCUREMENT SYSTEM RESOLUTIONS AND ESTABLISHING UPDATED PURCHASING AUTHORITY LIMITS FOR CITY PERSONNEL WHEREAS, Pursuant to the authority provided by Health and Safety Code Section 33125, the City of Rancho Cucamonga Procurement System, as set forth in Chapter 3.08 of the Rancho Cucamonga Municipal Code, Exhibit A hereto, hereby designated and incorporated by reference herein, as the procurement system applicable to the City of Rancho Cucamonga, subject to the following modifications: NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, hereby resolves: Section 1. This resolutions supersedes all previous applicable resolutions. Section 2. For the purpose of establishing Procurement Policy Limits for the City of Rancho Cucamonga Procurement Division, the City Council does hereby adopt those monetary limits attached hereto, marked as Exhibit A, and incorporated herein by this reference. Section 3. For the purpose of establishing Staff Signature Authority Limits, the City Council does hereby adopt those monetary limits attached hereto, marked as Exhibit A, and incorporated herein by this reference. Section 4. The signature authority limits, procurement bidding procedures and thresholds and set forth herein shall take effect thirty days after the second reading on June 21, 2017. PASSED, APPROVED, AND ADOPTED this day of 2017. Resolution No. 17-042 — Page 1 of 2 ATTACHMENT #2 P775 Exhibit A Procurement Authority Limits The City Manager will continue to have $100,000 signature authority with the exception of Public Works Contracts whereas his/her signature authority will be $175,000 in accordance to the California Uniform Construction Cost Accounting Commission (CUCCAC). The City Manager will have full discretion on designating below his/her authority. Staff signature authority limits will be updated and reviewed on an annual basis. This information will be documented and utilized for the use of Purchase Requisition, Contracts and Accounts Payable activities. A formal process will be designed to authorize and assign signature authority to staff for being out of office. Procurement Policy Limits Procedure Type Limits Open Market Up to $20,000 Informal Solicitation $20,000 — up to $50.000 Formal Solicitation $50,000 and over (Goods only and non- professional Services) Professional Services Solicitation Open Market — up to $100,000 Formal Solicitation - $100,000 and over Public Works Bidding UPCCA Informal Solicitation — up to $45,000 Formal Solicitation - $175,000 and over Resolution No. 17-042 — Page 2 of 2 ATTACHMENT #2 P776 RESOLUTION NO. FD 17-006 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING ALL PREVIOUS APPLICABLE PROCUREMENT SYSTEM RESOLUTIONS AND ESTABLISHING UPDATED AUTHORITY PURCHASING LIMITS FOR CITY PERSONNEL WHEREAS, Pursuant to the authority provided by Health and Safety Code Section 33125, the City of Rancho Cucamonga Procurement System, as set forth in Chapter 3.08 of the Rancho Cucamonga Municipal Code, hereby designated and incorporated by reference herein, as the procurement system applicable to the City of Rancho Cucamonga, subject to the following modifications: NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: Section 1. This resolution supersedes all previous applicable resolutions. Section 2. For the purpose of establishing Procurement Policy Limits for the City of Rancho Cucamonga Procurement Division, this Board does hereby adopt those monetary limits attached hereto, marked as Exhibit A, and incorporated herein by this reference. Section 3. For the purpose of establishing Staff Signature Authority Limits, this Board does hereby adopt those monetary limits attached hereto, marked as Exhibit A, and incorporated herein by this reference. Section 4. The signature authority limits, procurement bidding procedures and thresholds and set forth herein shall take effect thirty days after the second reading to occur on June 22, 2017. PASSED, APPROVED, AND ADOPTED this day of 2017. Resolution No. FD 17-006 - Page 1 of 2 ATTACHMENT #3 P777 Exhibit A Procurement Authority Limits The City Manager will continue to have $100,000 signature authority with the exception of Public Works Contracts whereas his/her signature authority will be $175,000 in accordance to the California Uniform Construction Cost Accounting Commission (CUCCAC). The City Manager will have full discretion on designating below his/her authority. Staff signature authority limits will be updated and reviewed on an annual basis. This information will be documented and utilized for the use of Purchase Requisition, Contracts and Accounts Payable activities. A formal process will be designed to authorize and assign signature authority to staff for being out of office. Procurement Policy Limits Procedure Type Limits Open Market Informal Solicitation Up to $20,000 $20,000 — up to $50,000 Formal Solicitation $50,000 and over (Goods only and non- professional Services) Professional Services Solicitation Public Works Bidding Open Market— up to $100,000 Formal Solicitation - $100,000 and over UPCCA Informal Solicitation — up to $45,000 Formal Solicitation - $175,000 and over Resolution No. FD 17-006 - Page 2 of 2 ATTACHMENT #3 P778 RESOLUTION 17-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ELECTING TO BE SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES WHEREAS, the Uniform Public Construction Cost Accounting Act, Public Contract Code §22000 et seq. ("UPCCAA") establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works and maintenance projects valued at $175,000 or less, or as the UPCCAA may be amended. WHEREAS, the California Uniform Construction Cost Accounting Commission ("Commission") has developed uniform cost accounting procedures for the performance of or in the contracting for construction of public projects. WHEREAS, a local public agency must elect by resolution to become subject to the UPCCAA. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves: Section 1. The City Council finds that the facts set forth in this Resolution are true and correct. Section 2. The City hereby elects under Public Contract Code § 22030 to become subject to the uniform public construction cost accounting and bidding procedures set forth in the UPCCAA and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each be amended from time to time. Section 3. The City Clerk shall certify as to the adoption of this Resolution and shall promptly transmit notice of the City's election and a copy of this Resolution to the State Controller. PASSED, APPROVED AND ADOPTED this day of 2017. Resolution 17-041 — Page 1 of 1 ATTACHMENT #4 P779 RESOLUTION NO. FD 17-005 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ELECTING TO BE SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES WHEREAS, the Uniform Public Construction Cost Accounting Act, Public Contract Code §22000 et seq. ("UPCCAA") establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works and maintenance projects valued at $175,000 or less, or as the UPCCAA may be amended. WHEREAS, the California Uniform Construction Cost Accounting Commission ("Commission") has developed uniform cost accounting procedures for the performance of or in the contracting for construction of public projects. WHEREAS, a local public agency must elect by resolution to become subject to the UPCCAA. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: Section 1. The Fire Board finds that the facts set forth in this Resolution are true and correct. Section 2. The Fire Board hereby elects under Public Contract Code § 22030 to become subject to the uniform public construction cost accounting and bidding procedures set forth in the UPCCAA and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each be amended from time to time. Section 3 The City Clerk shall certify as to the adoption of this Resolution and shall promptly transmit notice of the Fire Board's election and a copy of this Resolution to the State Controller. PASSED, APPROVED, AND ADOPTED this day of 2017. Resolution No. FD 17-005 - Page 1 of 1 ATTACHMENT #5 P780 P781 CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) These FAQs have been complied to assist agencies that are participating in the California Uniform Public Construction Cost Accounting Act ("the Act"). Public Contract Code section 22000 et seq., unless stated otherwise, all references are to the Public Contract Code. 1. What is the Uniform Public Construction Cost Accounting Act? The Act is legislation that was enacted in 1983 to help promote "uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state." Section 22001. The Act is a voluntary program that is available to all public entities in the State but it only applies to those public agencies that have "opted in" to the provisions set forth by the Act. The entirety of the Act is found at Sections 22000-22045. 2. What are some of the key provisions of the Act? The Act allows for public project work in the amount of $45,000 or less to be performed by the public agency's force account, by negotiated contract, or by purchase order. Section 22032(a). Public projects in the amount of $175,000 or less can use the informal bidding procedures set forth in the Act in Section 22032(b). Public projects at a cost of more than $175,000 shall use formal bidding procedures to let the contract pursuant PCC Section 22032(c). 3. What are the benefits of the program? a) Increased force account limit b) Informal bidding for projects that are $175,000 or less which do not require advertising. c) Reduces the number of formal bids. d) Expedited contracting for small projects. Many participants laud the program because it gives them more leeway in the execution of public works projects; has speeded up the awards process; has improved timeliness of the project completion; has eliminated considerable red tape and cumbersome paperwork relative to advertising and filing of reports; and has simplified administration. Many agencies have encountered only minimal challenges with the accounting requirements and the overhead portion. Moreover, where required, the adjustment was relatively simple; most of the required procedures were already actually in place, so there was no noticeable change in the existing operations. The Standard Accounting Codes Structure will satisfy the reporting requirements when used properly. 4. Is the Uniform Public Construction Cost Accounting Act mandatory for public agencies? No. The Act is a voluntary program Revised Monday, March 13, 2017 11 Page ATTACHMENT #6 P782 CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) 5. How does a public agency become subject to the Act? The governing body must elect by resolution to become subject to the Act and file a copy of the resolution with the State Controller's Office. Section 22030. Sample documents are available at: http:llwww.sco.ca.gov and cuccac.html. Once an agency has opted into the Act it will remain a part of the program. 6. May a public agency withdraw from the Act? Yes. An agency may withdraw from the Act by filing a resolution of the agency's election to withdraw with the State Controller's Office. 7. What is the California Uniform Construction Cost Accounting Commission? It is the Commission created to administer the Act. Section 22010. It consists of fourteen (14) members: thirteen (13) members are appointed by the State Controller and one is a designated member of the Contractors' State License Board. Seven members represent the public sector (counties, cities, school districts, and special districts). Six members represent the private sector (public works contractors and unions). The Commission members receive no salary, but are eligible for reimbursement of their direct expenses related to the Commission. 8. What are the Uniform Public Construction Cost Accounting Procedures? They are procedures to be used to estimate costs for determining if a public project is required to be bid out and to capture and record actual costs when a public project is performed by the agency's own work force found at www.sco.ca.gov/ard cuccac.html. The procedures follow normal accounting in the industry and in many cases are not much different from those already in place at the agency. Sample forms are available in the CUCCAC Cost Accounting Policies and Procedures Manual at http://www.sco.ca.gov 'Files-ARD-Local/CUCCAC Manual.pdf School districts may use the Standard Accounting Code Structure to comply with the tracking requirements. 9. Are the cost accounting policies and procedures applicable for agencies whose work force only performs maintenance tasks as defined in the Act and that contract all of its public projects to third parties? The cost accounting policies and procedures are only applicable for agencies that perform public project work by force account. This does not exclude from the program agencies whose public projects are all contracted out. In fact, they might want to review the benefits available and elect to participate now in the event conditions change at some time in the future. 10. What is meant by the term "qualified contractors" as it pertains to the Act? Qualified contractors are legally qualified contractors who perform work as a licensed contractor. In addition, the Commission has determined that nothing in the Act prohibits a participating agency from, at their discretion, using an objective pre -qualification process in the formation and maintenance of their Qualified Contractors lists. Revised Monday, March 13, 2017 2'Page ATTACHMENT #6 P783 CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) 11. Can a public agency disqualify or exclude certain contractors from the Qualified Contractors List required in Section 22034(a)(1)? Agencies may disqualify contractors from the Qualified Contractors List when a contractor fails to furnish information to meet the minimum criteria as established by the Commission. 12. For agencies that do not maintain an informal bidders list, are they allowed to choose who will get notifications on information projects? No. Section 22034(a)(2) provides for notifications to construction trade journals and exchanges in lieu of sending notifications to contractors on an informal bidders list. 13. What is the difference between qualifying contractors under the Act and requalification of contractors under Section 20101? Qualifying contractors is a process that allows contractors to register with a public agency for notification of public works opportunities. The prequalification process under Section 20101 is a more complex process that requires a standardized questionnaire and evaluation of contractors using standard scoring criteria and does not apply to the Act. The prequalification process is applicable under the Local Agency Public Construction Act. 14. Must a public agency: (1) Notify contractors about public projects if the contractor is believed to not have the skills, credentials, or experience to perform the work required for the public project? (2) Consider bids submitted by a contractor that the public agency believes does not have the skills, credentials, or experience to perform the work? a) Yes. If a contractor is on the Qualified Contractors List the contractor must be notified by the agency of public projects for which he is licensed to perform. Section 22034(a)(1) b) Yes. All bids received from qualified contractors must be considered. Section 22034(a)(1). 15. Does the Act allow flexibility in cases of emergency and when repair or replacements are necessary to permit the continued conduct of the operations or services of a public agency? For the purposes of the Public Contract Code, "emergency" is defined at Section 1102 as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." The Act sets forth in Section 22035(a) how a governing body would proceed in the case of emergency repairs or replacements. This section states, "In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two." Section 22050 et seq., provides the emergency contract procedures to be followed in these cases. Revised Monday, March 13, 2017 3'Page ATTACHMENT #6 P784 CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) 16. Do the alternative bidding procedures apply only to public projects as defined in Section 22002(c)? No. The alternative bidding procedures can be used when contracting for "maintenance work" as defined at Section 22002(d) or when contracting for other work that does not fall within the definition of "public work" as defined in Section 22002(c). 17. What will membership in the Act cost my agency? Nothing. There are no membership fees or dues. However, the Commission does accept grants to assist it in carrying out its duties. Section 22015(c). 18. What are the most common concerns addressed by the Act? These are: a) Cost accounting policies and procedures; b) Informal bidding procedures; c) Accounting procedures review. The cost accounting requirements follow those common to the construction industry. The informal bidding on public projects up to $175,000 is seen by the agencies as an asset enhancing project completion. Maintenance of a Qualified Contractor Bid List is routine, since interested contractors make it a point to be included on the list. While an accounting procedures review could potentially hold up a project for a minimum of 45 days pursuant to Section 22043(c)(1), these types of reviews have been rare in the Commission's history. 19. Does an agency have to calculate an overhead rate in order to apply the accounting procedures? No. Cities with populations of less than 75,000 shall assume an overhead rate equal to 20% of the total costs of the public project, including the costs of material, equipment and labor. Section 22017(b)(1). Cities with a population of more than 75,000, may either calculate an actual overhead or assume an overhead rate of 30% of the total costs of a public project including the costs of material, equipment and labor. Section 22017(b)(2). 20. When a public entity opts into the Act, does the Act supersede other contracting legal requirements such as statutory requirements for performance bonds, prevailing wages, and certificates of insurance, etc.? No. The Act only supersedes the bidding procedures used once a public agency has opted into the Act and has notified the Controller. All other contracting requirements are applicable. 21. Can a public agency, claim to be to be exempt from following all of the requirements in the Public Contract Code by claiming they only have to follow the language and procedures within the Act? The Act is part of the Public Contract Code therefore, if the Act is silent on a particular matter the rest of the Public Contract Code would apply. Revised Monday, March 13, 2017 41Page ATTACHMENT #6 P785 CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) 22. If public agencies are not following the advertising requirements in the Act, will the Commission address those agencies? Can a complaint be brought to the Commission? No. The Commission cannot review any complaint of improper advertising by any public agency. The Commission can only review the accounting procedures of a public agency when a complaint from an interested party provides evidence that the participating agency: 1. Performs work, after rejecting all bids, claiming it can do it less expensively. (Section 22042(a)) 2. The work performed exceeded the force account limits. (Section 22042(b)) 3. The work has been improperly classified as maintenance. (Section 22042(c)) 4. A public agency is accused of not complying with the informal bidding procedures set forth at Section 22034. (Section 22042.5) 23. Section 20112 specifically requires school districts to advertise twice for a two week period, while Section 22037 requires advertising once, 14 days in advance of the date of opening of bids. How do participating school districts reconcile this conflict? When the Act is in conflict with any other section in the Public Contract Code, the Act shall supersede. Advertising once, 14 days in advance of the date of opening of bids is what is required by the Act. Districts participating in the Act may choose to maximize their outreach by continuing to advertise twice. 24. May a public agency contract separately for like work at the same site at the same time using the under $45,000 Force Account method? No. Section 22033 provides that, "It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding". Separating "like work" would only be permitted as long as the total of all the "like work" is less than $45,000. If the work is more than $45,000, the work needs to be advertised and bid according to the provisions of the Act (i.e. bid informally if the total amount is less than $175,000 and bid formally if the total amount exceeds $175,000). 25. May a public agency bid out 2 separate projects that occur at the same time and site, but are different types of work? Yes, there is no violation if the work is being competitively bid. If the agency wants to use the negotiated or informal bidding processes, the agency must apply the appropriate limits to each of the projects. Each project must be separate in scope. Projects may not be separated by trade to avoid bidding. If the total of all jobs is greater than $45,000; the informal or formal bid limits will apply. 26. Does a value need to be assigned to the volunteer labor when the California Conservation Corps, or some such volunteer organization provides volunteer labor on a public project? No. Volunteer labor from the California Conservation Corps, or some such volunteer organization does not need to be included as a cost of a public project for bid limits purposes where no costs are associated with the volunteer labor. Revised Monday, March 13, 2017 51Page ATTACHMENT #6 P786 CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) 27. Does a public agency by opting into the Act, automatically bring all departments of the public agency into the Act? Yes. When a public agency elects to become subject to the uniform construction cost accounting procedures, the entire legal entity is considered subject to the Act and no divisions or departments will be exempt. 28. When a public agency opts into the Act, does it automatically bring all districts under control of the Board into the Act? No. Special Districts, which are governed by a board of supervisors or city council, are only subject if a separate election is made for each special district. 29. PCC 22034 requires that participating agencies adopt an Informal Bidding Ordinance. What do schools and special districts that cannot adopt Ordinances do to comply? The Commission cannot provide legal advice. The school districts and special districts should check with their own legal counsel on how to comply with Section 22034. Additional inquiries and questions can be directed to: State Controller's Office Local Government Programs and Services Division Local Government Policy Section P.O. Box 942850 Sacramento, CA 94250 Revised Monday, March 13, 2017 or email LocalGovPolicy@sco.ca.gov 6'Page ATTACHMENT #6 Streamlining the City's Procurement Processes Presented by: Jason Welday, Director of Engineering Services / City Engineer Ruth Cain, CPPB, Procurement Manager CITY OF RANCHO CUCAMONGA Background and Goals • The Procurement Division convened a working group consisting of City departments and legal • The group studied current process and areas that are pinch points. • Goal to update outdated policies and enhance the procurement process by: • Streamlining the process activity • Saves time and cost • Strengthen vendor relationships by negotiating contracts • Surveyed other municipalities and government agencies to align with best practices • Recommended changes align with state law and best � practices in other cities CITY OF RANCHO CUCAMONGA Summary of Proposed Changes • Updates the procurement processes by: • Adjusting procurement bidding thresholds for open market purchases — from $5,000 to $20,000 • Aligning the City's procurement ordinance with state law regarding procurements for professional services • Opt into the Uniform Public Construction Cost Accounting Act process for small public works projects CITY OF RANCHO CUCAMONGA Procurement Bidding Thresholds Procedure Type Open Market Informal Solicitations Formal Solicitations Wi Open Market Professional Services Formal Solicitation Professional Services $0 - $4,999 $5,000 - $49,999 $50,000 and over 'I. Under $5,000 $50,000 and over Up to $20,000 $20,000 — up to $50,000 No change • up to $100,000 $100,000 and over CITY OF RANCHO CUCAMONGA Staff Signature Authority Limits • City Manager's authority remains unchanged, with the exception of public works contracts under the CUPCCA program, where it will be $175,000 • Instead of designating other staff signature authority by resolution, City Manager will designate staff • Allows for updating as positions and titles change • All signing authority will be documented and utilized for the use of Purchase Requisition, Contracts and Accounts Payable activities. • A formal process will be designed to authorize and assign signature authority CITY OF RANCHO CUCAMONGA Oversight and Accountability • Procurement processes continue to be developed and overseen by Procurement Division staff in a centralized environment • New procedures for Professional Services procurement will require executive approval and processed through the Procurement Division • Procurement Manual will be updated and staff trained regarding updated procedures • Departments still accountable to maintaining expenditure control and spending within approved budgets • Process requirements for purchase requisitions, purchase orders, and contracts remain in place CITY OF RANCHO CUCAMONGA California Uniform Public Construction Cost Accounting Act (CU PCCA) Public Contract Code Section 22000 et seq. CITY OF RANCHO CUCAMONGA S.B. County CUPCCA Agencies County of S.B. City of Adelanto City of Barstow City of Chino Hills City of Fontana City of Highland City of Ontario City of Redlands City of 29 Palms City of Victorville City of Yucaipa Town of Yucca Valley Chaffey College S.B. Community College Lucerne Valley USD Adelanto SD Apple Valley USD Baker Valley USD Barstow USD Chaffey Joint UHSD Chino Valley USD Colton Joint USD C.R.Y. ROP Etiwanda SD Fontana USD Helendale SD Hesperia USD Morongo USD Ontario -Montclair USD Oro Grande ESD Redlands USD Rialto USD RIM of the World USD S.B. County Superintendent Snowline Joint USD Victor ESD Victor -Valley UHSD IEHP S.B Flood Control V.V. Wastewater Authorit CITY OF RANCHO CUCAMONGA Permitted Bidding Limits Force Account $0 - $5,000 $0 - $45,000 Open Market Selection Informal Bid Process $0 - $5,000 $0 - $45,000 N/A $45,001 - $175,000 Formal Bid Process $5,001 + $175,001 + CITY OF RANCHO CUCAMONGA Benefits of CUPCCA • Allows for smaller projects to be bid informally. • Cost and time savings on formal plans, specifications, and noticing. • Significantly streamlines the process of getting small projects constructed. CITY OF RANCHO CUCAMONGA Accountability • Informal bids are announced in specified trade publications • Required accounting procedures for Force Account • Oversight by the State's UPCCA Commission • Accountability Measures • P.O.'s are requested by Engineering or Public Works • P.O. requests are reviewed by Purchasing and Finance • Budget authority must already be approved by the City Council • Independent Audits and Internal Controls CITY OF RANCHO CUCAMONGA Recommendations • Conduct first reading of Ordinance 910, revising and updating the City's procurement system regarding professional services and informal public works bids. • As the City Council and Fire Board: • adopt the resolutions updating staff signature authority limits and bidding threshold limits; and • Adopt the resolutions authorizing participation in the CUPCCA program for public works bids. CITY OF RANCHO CUCAMONGA Streamlining the City's Procurement Processes Presented by: Jason Welday, Director of Engineering Services / City Engineer Ruth Cain, CPPB, Procurement Manager CITY OF RANCHO CUCAMONGA P787 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 7, 2017 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A.Troyan, MMC, City Clerk Services Dir SUBJECT: CONSIDERATION TO CANCEL THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL ON JULY 5, 2017. RECOMMENDATION: It is recommended that the City Council cancel the Regular Meetings of the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council on July 5, 2017. BACKGROUND/ANALYSIS: The City Council sits as the Fire Board, Housing Successor Agency, Successor Agency, and Public Financing Authority. Regular Meetings of the City Council are held on the first and third Wednesday of the month. Due to the July 4" Holiday and City Hall offices being closed, staff recommends cancelling the Regular Meetings set for Wednesday, July 5, 2017. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: None. Page 1 of 1