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HomeMy WebLinkAbout2018-04-11 - Agenda Packet - PC-HPCAPRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. - CALL TO ORDER Pledge of Allegiance Roll Call: Chairman Oaxaca Vice Chairman Macias Commissioner Guglielmo Commissioner Munoz Commissioner Wimberly B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission 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 Chair, depending upon the number of individual 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. C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of March 14, 2018 (Continued from March 28, 2018) C2. Consideration to adopt Regular Meeting Minutes of March 28, 2018 Page 1 of 5 APRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA C3. Consideration to adopt Adjourned Meeting (Workshop) Minutes of March 28, 2018 D. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. D1. MUNICIPAL CODE AMENDMENT DRC2018-00177 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Development Code) of the Municipal Code to amend regulations regarding the posting and display of signs in the public right-of-way. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA sections 15061 (13)(3) and 15305. This item will be forwarded to the City Council for final action. CONTINUED FROM MARCH 14, 2018 AND MARCH 28, 2018. D2. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC — A proposal to construct a 56,560 -square foot building for office, storage, freight handling, shipping, trucking services and terminals on an 11.82 -acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item was originally advertised, heard and continued from the Planning Commission meeting of February 14, 2018 and re -advertised for the April 11, 2018 meeting date. D3. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC — A proposal to remove a total of two (2) heritage trees and twenty-seven (27) non -heritage trees in conjunction with a proposed industrial project to construct a 56,000 -square foot building for storage, freight handling, shipping, trucking services and terminals on an existing 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item was originally advertised, heard and continued from the Planning Commission meeting of February 14, 2018 and re -advertised for the April 11, 2018 meeting date. Page 2 of 5 APRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D4. DEVELOPMENT AGREEMENT DRC2015-00118 - CITY OF RANCHO CUCAMONGA - A review of a proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire Lakes/The Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan; APNs: 0209-272-20, 0210-082-91 through 93. Related files: General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015- 00040, and Development Code Amendment DRC2015-00115. An Environmental Impact Report (EIR) (SCH No. 20150410083) and Mitigation Monitoring Reporting Program (MMRP) was reviewed and certified by the City Council on May 18, 2016. Section 15162 of the California Environmental Quality Act provides that no further environmental review is required for a previously certified EIR or for subsequent projects within the scope of a prior EIR. The Development Agreement is a contract governing timelines, terms, and conditions regarding development of Empire Lakes/The Resort and does not raise or create new environmental impacts that were not previously contemplated in the EIR. This item will be forwarded to the City Council for final action. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: G. ADJOURNMENT I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 5, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Page 3 of 5 APRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA .C'fS Lois J. Schrader Planning Commission Secretary 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. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. Page 4 of 5 APRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CitvofRC.us. Page 5 of 5 Vicinity Map Historic Preservation and Planning Commission Meeting E .� I FkFkFkFkFkFkFkF... . Col 19 Stw „m,,,mn, n mmod Base Line � i Base Line i �Jiu�mn�nmmq�"� Church m • Church m „mom N Foothill ��������� .���� ���� � �� �--� �-�-m� ��� -� � Foothill to w l0 1 Arrow �mmm� mm Arrow s Jm rsey 8th P 6th to � � ��� � � � m�mre• �m•-u 6th a 2-D3 :D4 4th 4th " Meeting Location: City Hail/Council Chambers 10600 Civic Center Drive Item D1: Municipal Code Amendment RE: Signs (citywide) Item D2: Design Review DRC2017-00084 Item D3: Tree Removal Permit DRC2017-00800 Item D4: Development Agreement DRC2015-00118 1:1 Fj WIM - 0 F.: 7W4 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISS10KI MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.m. - CALL TO ORDER Roll Call: Chairman Oaxaca A Vice Chairman Macias Commissioner Guglielmo X Commissioner Munoz Commissioner Wimberly Additional Staff Present, Candyce Burnett, City Planner,- Nick Ghirelli, Assistant City Attorney, Tom Grahn, Associate Planner; Donald Granger, Senior Planner, Albert Espinoza, Asst City Engineer; Jennifer Nakamura, Associate Planner, Lois Schrader, Planning Commission Secretary, Tabe van der Zwaag, Associate Planner,, Jana Cook,, Community Improvement Manager B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission 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 Chair, depending upon the number of individual 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. C. CONSENT r,. •- PRESERVATION COMMISSION AND PLANNING COMMISSION Page 1 of 9 am lihMIMMEW 01 Fee 'AISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. Cl. Consideration to adopt Regular Meeting Minutes of February 28, 20,18 C2, Consideration to adopt Adjourned Meeting (Workshop) Minutes of February 28, 2018 Moved by Wimberly, seconded by Munoz, carried 4-0-1 (Oaxaca absent) D. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign lin after speaking. Di� TIME EXTENSION DRC2018-00054 — SUSAN ETCHEBERRIA — A request to allow for a one (1) year time extension of a previously approved 7 lot Tentative Tract Map (SUBTT1 8210) on 4.89 acres of land in the Very Low (VL) District (1-2 dwelling units per acre) of the Etiwanda Specific Plan on the south side of Banyan Street between Greenwood Place and Laurel Blossom Place; APN: 0225-171-04, On March 28, 2007, a Mitigated Negative Declaration of environmental impacts was adopted by the Planning Commission for Tentative Tract Map SUBTT18210. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to the projects within the scope o\the previous Mitigated Negative Dedaration, Vice Chairman Macias opened the public hearing and seeing and hearing no comment, closed the public hearing, Moved by Munoz, seconded by Wimberly, carned 4-0-I(Oaxaca absent) to adopt the Resolution approving Time Extension DRC2018-00054, [41mm IVIAM%.,n I At, LU 10 Ireby, -#%,WAWJ F� to"It W, W 3 SM F 17 V MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D2. MUNICIPAL CODE AMENDMENT DRC2018-00187 - CITY OF RANCHO CUCAMONGA - A request to amend Title 17 of the Municipal Code to enact requirements and standards for the development of wireless communication facilities within the public right of way. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15601(b)(3). This item will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner" gave the report and PowerPoint presentation (copy on file). Commissioner MU170Z commented on how this allows staff to coordinate with the fiber- optic master plan. He offered suggestions mentioned at the League for, Cities that could be in a future ordinance such as setting tin7efrarnes on leases and/or having annual renewals He asked if the terms of approval would be indefinite and if we could consider an equfpment attach rent fee, He asked if the leases would be adjustable and if they have liability and performai ice measures andlor security deposits He asked if we can negotiate other forms of exchange to benefit the city, Ms Nakamura said many of these iterris are covered in negotiated leases with the carriers and they have timeframes with length of terms, rents and maximum lease periods, Nick Ghiereffill Assistant City Attorney lies the City currently holds the Optl0f) to extend as the in aximum tem7 is currently 10 years, Ms Nakamura noted that each lease is individually negotiated, She said performance standards are covered under the MDR permit so that compatibility and location can be addressed and if V101ati0nS are not addressed, the leases can be revoked if necessary, Commissioner Munoz said this technology is completely different than anything before as it will require 100s or 1000s of these small cells to give coverage to the whole City, He asked if these should be conditioned to prevent theme from being put in front of businesses/residences, He said we may want to look at this again in the future to see what can we, do to make the ordinance the best, Ms Nakamura agreed and said when we are looking at wooden poles and independent sites we should look at additional siting requirements with residential buffers but the ones Or? streetlights Ireettights we have greater control oversize, location, scale, took and feel of those She noted am MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMRS BE 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA that the City as the property owner, has reser e power to control She agreed that we need to continue this discussion about leases She said each lease morphs -and we learn going t6tward We, will coritinue to dialogue- Corninissioner Munoz said the League has created and participates on a new telecommunications cointnittee and he will share information as he receives it, Commissioner Gugheirrio, asked how cables for the cell sites get to these poles Ms, Nakamura said they have power and conduft encased inside or attached to the poles. We do flat a rate chargeback for the power they use which they get frorn the pole, ,filbert Espinoza said if the site can't handle all the new conduits, then we can reqwre therm to put in a new streetfight so it can handle the new conduit, He said we are, taking a look at other OphOnS IbChjdingg solar. We are looking at the aesthetics of those Commissioner Gughelmo asked if all of the site equipment encapsulated on the pole Ms Nakamura said these typically do, not have standard shelters like the other, larger facilities you see -they are fully encased, For a larger site she said we try to get them to underground their cable and if that is not feasible, they have to pay for permits -they will have to get an encroachment/construction permit if they have to open up, streets and sidewalks, If they are, already opened up the street or sidewalk then we will also put in fiber network at the same time while it is open, Commissioner Macias rioted there will always be exceptions to the rule, Vice Chairman Macias opened the public hearing grad seeing and hearing no further comiTrent, closed the public hearing, Commissioner Wimberly rioted it was an outstanding report. Moved by Wimberly, seconded by Guglielmo, carried 4-0-1 (Oaxaca absent) to adopt the Resolution recommendirig approval of Municipal Code Amendrnent DRC2018-00187 to be forwarded to the City Council for final action AM1019 1V11AM%.,n I &tJ ACV 10 hISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAM- r rr 0500 CIVIC CENTER r- -. . RRANCHO CUCAMONGA, CALIFORNIA D1 MUNICIPAL CODE AMENDMENT DRC2018-00177 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Development Code) of the Municipal Code to amend regulations regarding the posting and display of signs in the public right-of-way. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA sections 15061(B)(3) and 15305. This item will be forwarded to the City Council for final action. Jana Cook, Community Improvement Manager gave the report and PowerPoint presentation (copy on file), She noted in her presentation that staff is requesting a continuance to allow firne for stakeholder groups to further study the infomiation and for staff to formulate any additional changes. She asked for a continuance to March 2911, Commissioner Wimberly asked if this pertains to a 60 -day period poor to an event -does that include an election referencing political signs Ms Cook said the regulations are content neutral,, so it could be any kind of slqr) political or otherwise, It can be up a total of 60 (lays Commissioner Munoz said signs are typically discussed prior to every election -this is the third time in twelve years He asked what is driving force this review now as we have dealt with this in the past, the issues are the same -not changed much We care about the realtors and have a concern they may have to jump through more hoops He asked why has the situation not changed He thought bad enforcement might be the problem because without enforcement the behavior won"t change. He said this ordinance may make the job More impossible He asked why don't we leave it alone until we have a real problem He said we don't have the staff to enforce it and he expressed concern, about firipinging 017 politicians and small business owners. Ms Cook said she disagreed about the problem -as it does exist. She said the last political season we had sorne bad traffic issues created by those signs She said she has been working for 18 months on the ordinance - long before the onset of the political season, C01"rMiSSioner Munoz said we have many more officers than we have staff in Community linprovement and we really don't have the staff to enforce this. This issue has been with us for rnany years and we just acknowledge the presence of political signs nor do we want to infringe on the livelihood of realtors Page 5 of 9 HER AISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Nick Ghirelft, Assistant City Attorney said part of the driver for n7any cities is because of a suprerne court decision in 2015 He said sign regulations targeted at certain types of signs was not content neutral if it created exceptions as a general rule There is concern about overall enforcement of the sign ordinance in light of court's decision, He said the policy issue is there is no rnagic in the number of sign,s Commissioner Munoz said if that is the driver, the report did not make that clear. He said he understands we may have some liability if we do not act but wondered if we can manage this, Ms, Cook said iron? an enforcement perspective right nowl we can do nothing but after this is put in place we will have tools to go after the most egregious violators -some action can be taken She said ,she does not expect 100% compliance, Commissidner'Gughelmo said itstill seems confusing, There will be staff orvolunteers picking tip signs, What if someone takes someone else's sign doW/17. z/filifflimmm IMMIRIM319=29M Ms, Cook said anyone can volunteer to help removed signs they used only go through the screening process of our HR department, Comm;ssioner Gughelmos asked how do folks fined their signs if they are removed Ms, Cook said they can be picked up at the City Yard they will be held for, 30 days at that one location,, Vice Chairman Macias opened the public hearing, Bill Rue of the Citrus Valley Association of Realtors thanked Ms, Cook and Mr Espinoza for taking extensive time to explain the proposed ordinance, He said they understand it and seem happy with it He said they actually get more signs with this and also a clear time -a 12 -hour period The brokers said the clarity of the ordinance is good, He said they undprstand the triangulation issue of signs on corners He said he also did outreach and let rnearab ers know to not place signs in ADA access areas, He said no other, input has been received from their members, SM. lViAmt.011 I&+, &V 10 )If MINUTES A Corm nissioner, Munoz asked how do we inanage tocal businesses that put signs in public property without a permit and continue to do so Ms Cook said with ternporary installations ri�jht i10W there is no entbrcernent bec�ause we don't have a law that allowls us to, Cornrmss�oner- Munoz asked if we can condition this so we acknowledge the Suj,)rerne Court decision and we are, going to take action W Ghirelft sai,d our current ordinance vio�lates the dedsm A nsk of a lawsuft against the 01j,,, is low risk, The offieroption is to not allow signs ir) the public fight of way at alt ormduce the numberhie said he thinks the best practice is to have coritent neutral ordinance f enforcement and city liability purposes, Clic,,eChair,tTrat7Maorissai(Jheur-rdei,,static,tswl7yweshoiilddotl,,ri,s Wewiflalwayshavea manpower issue to manage this and legitirnate concerns need to be taken back and considered, Ms, Cook confirmed the recornmend abon, is to continue the public hearing to March 281"', Mr Ghireth suggested he reoperr the public hearing Moved by Wirnbefly, seconded by Gughelmo carried 4-0-1 (Oaxaca absent) to conbime the public hearing to the March 28, 2018 arra efing F. COMMISSION BUSINEss/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: None G. ADJOURNMENT [410 n. � kTi R. TkeraS E M I Vs. � MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 8, 2018, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. -Os Lois J, Schrader Planning Commission Secretary City of Rancho Cucamonga The Planning Commission encourages free expression of all points of view, To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker, If appropriate, a spokesperson may present the views of your entire group, To encourage all: Vlews and promote courtesy to others, the audience should refrain from clapping, boo,ing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speakers podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual, ff you wish to speak concerning an item not on the agenda, you may do so under "Public Comments," There is apportunity to speak under this section prior to the end of the agenda. Elm iviAmt.prl 1 fi+, LV 10 AISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners, A copy of any such materials should also be provided to the Secretary to be used for the official public record, All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director, AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, These documents are available for public inspections during regular business hours, Monday through Thursday, 7,00 a,m to 6-00 p,m,,, except for legal City holidays APPEALS AnN interested 1,rarto who disairees with the-PiW.& to the City Council within 10 calendar days, Any appeal filed must be dijrected to the City Clerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission, i(Fees are established and governed by the City Council), Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at wwwyofRC.us. .ter_ •1• • mgm MARCH 28 ,2018 "AISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.m. — CALL TO ORDER �" 11 Roll Call: Chairman Oaxaca X Vice Chairman Macias A Commissioner Guglielmo X Commissioner Munoz X Commissioner Wimberly A Additional Staff Present- Candyce Burnett, City Planner; Nick Ghirelli, Assistant City Attorney,, Donald Granger, Senior Planner, Albert Espinoza, Asst City Engineer; Lois Schrader, Planning Commission Secretary,- Tabe van der Zwaag, Associate Planner; Dat Tran, Assistant Planner B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission 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 Chair, depending upon the number of individual 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. Chairman Oaxaca r7oted that the Code Amendment (Item E2) will be continued to the next meeting C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION 1vimm.pr1 co, ACV 10 MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA,, CALIFORNIA The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of March 14, 2018 7"he adoption of the rninutes for March 14, 2018 was coritinuedto the next rneeling., D. PRESENTATIONS AND SPECIAL REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. ZWKIN ZIU, Ehsa Cox, Deputy City Manager gave the presentation (copy on file) regar(Jing the revised Eelam thal followed many months of comrnurvty eflgage/77ent She reviewed the iterns covered by the outreach and the current draft plan as it stands now, She said the environmental review will follow next and then the item will be brought back to the Commission, Chairman Oaxaca said he likes the vanous 1k, 3k 5k trails He asked if the City has identified other realistic sources of funding. Ms Cox said this plan allows us to save incrementally and provides opportunity to apply, for grants — we hope to go in with "'shovel ready" projects She said' staffhas also thought of creative sponsorships, such as working with the anifnal foundation,, etc Commissioner Gugheirno said he loves the concert in the park idea. He inquired where 2,000 people would go, Ms Cox said the arnphith eater facing north and in this case, the stage would face south. The Secretary received and filed the report and prpsef7tatlOrl Page 2 of 6 Aauq 'Lu 10 A MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 Civic CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. El. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00141 — J.R. MILLER & ASSOCIATES — A request for site plan and architectural review of a proposed 39,600 - square foot industrial building, and two ancillary equipment buildings totaling 9,166 square feet on an existing industrial site totaling 17.5 acres of land, located in the Minimum Impact/Heavy Industrial (MI/Hl) District south of Arrow Route and west of Rochester Avenue', APN: 0229-111-74 and 75. Staff has prepared a Mitigated Negative Declaration per State CEQA Guidelines for consideration of environmental impacts, Dat Tran, Assistant Rarirwr� gave the staffreport andPmverFloint presen ta tion (copy on file) He noted can-espondence was rpceh,,ed from the SCA QMD that noted no additional ernhssions are expected from the prolect and additional hifortnation was provided, Chairrnan Oaxaca asked if flw appficanl would like to comment, The applicants represenlafive thanked staff and responded that he had nothing to add. Chairman Oaxaca opened the public hearing and seeing and hearing no corwrient, closed the public hearing, Conimissioner Munoz said it is a well-done development, it should have rninuntim negative irnpact, a good design and streetscape, He said it suppotfs new jobs and provides revenues for the City, Cornmissioner, Guglielmo echoed the cor-arnents, He said it will also irnprove the aesthefics afor)g the fiontage of the protect Chairtrian Oaxaca agreed and said it is good' to see at) expansi . on, i . n inanufacturifig Page 3 of 6 C2—Pg3 MARCH 28,2018 V%ISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSIOK MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Movedky Munoz seconded b)( Gughelina, carried 3-0-2 (Macias and Wunberl ' �( absent) to adopt the Mitigated Negative Declaration of environmental impacts and the Resolution Approilng Diasaqn Review DRC 2017-00141 E2. MUNICIPAL CODE AMENDMENT DRC2018-00177 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Develiopment Code) of the Municipal Code to amend regulations regarding the posting and display of signs in the public right-of-way, This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA sections 15061 (13)(3) and 15305. This item will be forwarded to the City Council for finial action. CONTINUED FROM MARCH 14, 2018. Chairman Oaxaca note(.1 the public hearing was still open fi"01`71 March 14"' and invited the public to COMinent, Seeing and hearirg none tie explained that the item is confirilled to the April 11, 2018 meebrig date and the public hearing t4/d/ remairi open F. COMMISSION BUSINEWHISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES.' Commissioner Munoz thanked staff for allowing our newest Commissioner (Commissioner Gughelino) to participate in an upcoming Commissioner Academy training next week, I G. ADJOURNMENT I The Commission adjourned to a workshop to be held in the Rains Room to discuss Pre - Application Review DRC2017-01009 — Grand Pacific Communities. I, Lois J., Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee,, hereby certify that a true, accurate copy of the foregoing agenda was posted on Page 4 of 6 Ham. W iSISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA March 22, 2018 seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10600 Civic Center Drive. Ea Lois J. Schrader 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. V, I at] :4 J, 1211 Is] The Planning Commission encourages free expression of all points of view, To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker, If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to, Comments are generally limited to 5 minutes per individual, If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda, Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record, 13 L. �LTJA FIt"M 0 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Ali requests for items to be placed on a Planning Commission agenda must be in writing Requests for scheduling j agenda items will be at the discretion of the Commission and the Ptanning Director, AVAILABILITY OF STAFF REPORTS Copies of the staff reportsor other documentation to each agenda item are on file in the offices of the Planning Department, City Hailelocated at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 Ip m,, except for legal City holidays, APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,725 for all, decisions of the Commission, (Fees are established and governed by the City Council), Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found atff�wwCp �ofRC.us. amm PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M.* - CALL TO ORDER FAT -11 W*1 Roll Call: Chairman Oaxaca X Vice Chairman Macias A Commissioner Guglielmo X Commissioner Munoz X Commissioner Wimberly A Additional Staff Present, Candyce Burnett, City Planner; Donald Granger, Senior Planner, Albert Espinoza, Asst City Engineer; Lois Schrader, Planning Commission Secretary Tabe van der Zwaag, Associate Planner B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission 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 Chair, depending upon the number of individual 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. I C. DISCUSSION ITEMS PLANNING COMMISSION I C1. PRE -APPLICATION REVIEW DRC2017-01009 — GRAND PACIFIC COMMUNITIES — A request for a Planning Commission Workshop to review a proposed 160 -unit mixed- use development on 4.8 acres of land that includes 7,700 square feet of commercial tenant space and 5,600 square feet of commercial ready tenant space located in the Community Commercial (CC) District of the Foothill Boulevard Overlay District approximately 300 feet north of Foothill Boulevard on the west side of Etiwanda Avenue. — APN: 1090-601-04 and 20 I &ME MARCH 28 ,2018 PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Tabe van der Zwaag, Associate Planner, gave a brief introduction and summarized the iterns to be addressed in the discussion He said a Development Code Amendment will be needed to be in confortnance with the General Plan, He noted that the commercial ready units have a different layout than what staff originally understood. The change adjusted the parking needs and lessened their, deficit of parking, Fle said they propose tandem parking with one space in front of each garage He said the original proposal had a 26% deficit in parking and with the adustment is now a 15% deficit (55spaces), Y COMMiSsioner Monoz confirmed that there is no agreement yet for the easement between the two parcels (referring to the westerly border of the site adjoining the existing developed commercial area to the west). Mike McDaniel indicated nothing formal has been worked out although those existing busil�iesses stand to benefit by allowing easy pedestrian access frorn the applicant's development Mr, van der Zwaag said it has also been suggested that a shift of the driveway location (shown off of Ebwanda Avenue.) to the south so that it could be a shared driveway with any new development that takes place on the vacant parcel to the south of this application. He provided 3 options for the sinaller, 44 -acre parcel that fronts along Foothill Boulevard Seraft Maranat7 of Architects Orange provided an overview of the presentation Mr McDaniel said they met with liquor store owner and they indicated there is a I 0 -year lease and that it had recently sold Mr, van der Zwaag asked the Commission for, their, inclinations regarding, the Land Use makeup and it they thought there was enough commercial space compared to the number of residential units, Cominissioner Munoz said he did not know if it will be enough space provided He said his concern about mixed use projects is that if it looks empty, that's not good, He asked it they could design it so it does not look awkward if units are still empty. Mr. McDaniel said the commercial ready units will be commercial but if they are not getting filled, they will change over to apartments, Mr, Maranan said the two-story high building is set up for commercial, and will have a commercial look, Chairman Oaxaca said his experience with transitioning residential spaces and ramping up to commercial is difficult, He said the reality is it n7ay not took like mixed use for a while Mr McDaniel said they intend to stay to manage this place Page 2 of 6 C3—Pg2 PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Chairn'iarI Oaxaca asked if they see markets where residenhal transitions to commercial He said this ,is new terrUory for, Rancho Cocamonga and therefore, we doi'r't know, Mr Maranan said they car?'l predict but they followd a suggestion to makeil flexib,le Comirnissioner Mtmoz said the next ti ng the applicants should bring a firvvd-up p1w i to show that c�ori,,in,i�Larci,..,,,,)Ipari carr tvork ilqe8aidtoren ecten adllengesa,il�eparkifigar7dtt,eecof77r7ier,ciatcr7i,Poi,ier-it Hesaid tf'w architecture looks good and the arnenifies look good: the circulation shotv's thinking out of tile box. Mr van der Zwaag said that when thrye con'w back tiley ren rd to provide financialnumbers rol.-vesenUng rental differ( ances between time units being corntnercial rather Um n residei,ityal, Corruvissionei-Munoz saidstaff should continue to work vvith the applicant 1hey may end up with awkward looking apartments. Chau -man Oaxaca said tl'w proportion of cornMerail al vs the rest of project makes sense if all pl rop�osed commer-cial units work Fie said rnore cotnmervial units rnight rvt make sense. He said he has no jW oblern supporting the zoning change Commissioner Gugfietmo said he befieves it is irnportauit to, rnake the lmrking interconnected with the adjacent project, Mr Mararian said 31 parking spaces are awWable for thip i"etail units, Gornmissiorier Gugheirno asked d the Colirnryiercialready units could be., live work units Mi", Maranan said 1h could consider that and it rnay be a good laden. hqtr McDanie;,salad with respect to switc/iing units frorn corrTraercial to residential- they can plumb thern for either use and easifly change ftorn one to an,offier Corryrnissdon er Gugfielmo asked if the)(have done Uns type of tan dern parking before, A11r, a cDar#el said with this, layout, the tenants can't block each other; the lande, 177 Space belongs to the sarne tenant, Mr van der Zwaag asked forComimissibner, clomments orl ti -le Site Layout. 9.�- !M MUM M PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Munoz said it appears the circulation only allows an outer loop, Mr, Maranan said residents will be using the parking m assigned spots, there are contiguous corridors around each building and internal corridors as well. Mr van der Zwaag noted that for the smaller, building-staffilkes the buitchng to be closer to the street rather than pushed back like the liquor store Mr. Mc Daniel said they purchased the small parcel because they hope to get it all They unsuccessfully tried to acquire the liquor store and the other piece to the east -it was bought before they could get it Offers were made to the new owners, but they asked for too, rnuch money. Commissioner Munoz thought the layout of that piece is awkward. Chairman �Oaxaca said it may make more sense to leave that piece alone for, now. If sornething goes there it should make sense to complement the project to the west, A decision on this does not need to be made now Mr van der Zwad g asked about their thoughts on the architecture He noted it currently provides good articulation and good use of materials Commissioner Munoz said he appreciates the articulation, the contemporary design and said it provides a nice streetscape, Chairman Oaxaca said pedestrian scale h.; important Mr van der Zwaag said they should make sure quality is displayed throughout the project and they should work with the neighbor to the south arld adjust for a shared driveway. Chairman Oaxaca asked if we are looking for a master plan for the er?tke corner Commissioner Munoz noted that when the application comes in for, the property to the south they should design their project to work with this application - Chairman 0axaca noted that it is impodant to look at the possible connections now, Mr, Mararm said we can help give them cues and look, for staffs help when that time cornes. Mr van der Zwaag suggested they revisit the parking C3—Pg4 Nil 7 1 12111 1111152V Tli 111` 711 11 WORKSHOP MINUTES RAINS ROOM ."t"ANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Munoz noted ttiere x,s a concem for us and theICity Courwil regarding pn:.,)jewts that Coll in tvith too little parking Mr. van der. wsaid we do not want to see a problenri created for the other development to the soulh, Commissioner Munoz was curious as to ho1w they wouldresolve a 25% deficit Mr hfar'arian said if the comrr)ercial ready st)ace w,I residential we wouild have 160 units and 7700 square feet of retail leavir)g only a 12% parl(if7g deficient, Mr, McDaniel said if there is after" hours shared parking at nicjht we end up with only an I 1 -parking space deficit, He asked if shared parking after hours would be acceptable, Chairman Oaxaca said the applicant should work with staff on these issues D. ADJOURNMENT 8:35 PM 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 22, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. IVA Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view, To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may slmply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage a views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table, State your name for the record and speak into the microphone, After speaking, please sign in on the clipboard located next to the speaker's podium, It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a PilanniN Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director, AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6,00 p.m., except for legal City holidays APPEALS Any iinterested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Glerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at MN0y.Ci btofRC.us;. REPORT DATE: April 11, 2018 TO: Members of the Planning Commission FROM: John R. Gillison, City Manager INITIATED BY: Jim Markman, City Attorney Jana Cook, Community Improvement Manaiger SUBJECT: CONSIDERATION OF PROPOSED REVISIC* FOR MUNICIPAL CODE AMENDMENT DRC2018-00177 — CITY OF RANCHO CUCAMONGA — A request to amend Title 17 (Development Code) of the Municipal Code to amend regulations regarding the posting and display of signs in the public right-of-way. This item is exempt from the requirements of the Calfiornia Evnvironmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Sections 15061 (b)(3) and 15306. This item will be forwarded to the City Council for final action (CONTINUED FROM MARCH 14, 2018) ........... ��� The draft ordinance was duly advertised and presented to the Planning Commission at their regular meeting on March 14, 2018. During staff's presentation it was noted that full comments had not been received from the Building Industry Association (131A) regarding the narrow issue of the BIA directional signs located in the right-of-way. Therefore, staff requested a continuance of the Public Hearing to the March 28, 2018 meeting, A meeting was held with the BIA before the scheduled Planning Commission hearing. Because of some of the comments received from the BIA and a subsequent request for more time, the hearing was continued to the April 11 meeting date. No presentation or discussion occurred at that meeting. Following staff's presentation of March 14, 2018, the Commission brought forward questions and concerns to be addressed by staff, The noted questions and responses are as follows� 1. What is the driving force for this proposal at this time? a. A 2015 Supreme Court decision involving signs in the right-of-way caused the City to evaluate its existing Municipal Code regulations on signs in the right--of-way, M� PLANNING COMMISSION STAFF REPORT PROPOSED REVISIONS FOR CHAPTER 17.72 APRIL 11, 2018 Page 2 b, Staff has received numerous reports frorn the public on excessive numbers and poorly placed signs in the right-of-way. Councilmembers have also expressed frustration at the placement of signs and the legal inability for staff to provide any enforcement. These numbers have not been well documented as enforcement has been suspended while the City evaluates its existing regulations. c. Several prior attempts to amend the Municipal Code in 2015 and 2016 were unsuccessful for a variety of legal, political and organizational reasons. The City Council strongly desires to complete the process in 2017 and move forward. d. Efforts to amend the Municipal Code regarding signs in the right-of-way began in May 2017. The process of gaining input from affected staff members in Public Works, Traffic Engineering, Planning and Community Improvement took several months, as did final legal review with the office of the City Attorney. e. The proposal is before the Commission now is to have the new regulation in place for the upcoming elections in June and November, when usage of the public right-of-way for signage typically increases. 2. How was the number of permitted commercial signs determined? a. The maximum limit of twelve (12) signs was a suggestion received from the real estate industry. Per City Council direction, staff was designated to meet, discuss and work with the real estate community to help ensure positive acceptance of the final product. Members there indicated twelve signs is a reasonable number to provide directional signs to event locations. They reported frustration with excessive numbers of signs by some in the industry and would like to avoid the visual blight being attributed to the profession. b. The additional constraint of two signs posted in each city block (one on each side of the street) will further limit the perception of "sign Pollution" without further limiting the total number of signs. c. The Commission may recommend the draft to the Council with a consideration for further limiting the total number of commercial signs permitted for concurrent display. For timeliness reasons, staff strongly suggests moving forward, and including any recommendations from the Commission, rather than starting over with a new draft and a new round of outreach. 3. Will there be sufficient staffing to enforce the proposed regulations? a. Community Improvement staff and deputized volunteers already dedicate several hours a week to remove signs attached to City infrastructure or contact sign owners when a hazard is identified. b. As with even the current ordinance, in a worst-case scenario there may not be sufficient staff and the efforts of existing staff would not be dedicated completely to gaift'full compliance from every person or business that posts signs in the right-of-way. The proposed amendment would provide the authority to take action in reported incidents or with the most egregious cases to preserve traffic safety and the beauty of EMMA PLANNING COMMISSION STAFF REPORT PROPOSED REVISIONS FOR CHAPTER 17.72 APRIL 11, 2018 Page 3 City streets. Typically, with focused efforts, the ordinance achieves substantial compliance. c. While full compliance is not expected, staff believes the overriding concern for traffic safety and to address potential enforcement issues with the current ordinance are sufficient to justify the amendment of this Municipal Code section. CONCLUSION: In consideration of the responses provided, staff respectfully requests the draft ordinance be forwarded to the City Council for final action. FISCAL IMPACT: None. GENERAL PLAN GOALS ADDRESSED: Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds the Development Code amendment is consistent with the General Plan Goals, policies, and implementation programs. General Plan Goal CM -4 calls for the maximum operational efficiency of the street system. By regulating the time, manner and placement of temporary signs in the right-of-way, the safety for drivers, pedestrians and bicyclists is improved in accordance with General Plan Community Mobility Policy CM -4.2. Additionally, General Plan Goal LU -11 is to ensure Community aesthetics are maintained through appropriate regulation. This proposal reduces possible traffic hazards and promotes a high- quality visual environment throughout the City by providing the authority to remove temporary signs in the right-of-way, meeting the objectives of General Plan Land Use Policy 11.1. EXHIBITS: Exhibit A: Planning Commission Staff report dated March 28, 2018 Draft Resolution Recommending City Council Approval of MCA DRC2018-00177 D1—Pg 3 STAFF REPORT DATE: March 28, 2018 TO: Members of the Planning Commission FROM: John R. Gillison, City Manager INITIATED BY: Jim Markman, City Attorney Jana Cook, Community Improvement Manage SUBJECT: CONSIDERATION OF PROPOSED REVISI FOR MUNICIPAL CODE C AMENDMENT DRC2018-00177 - CITY OF ANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Municipal Code to amend regulations regarding the posting and display of signs in the public right-of-way. This item is exempt from the requirements of the Calfiornia Evnvironmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Sections 15061 (b)(3) and 15305. This item will be forwarded to the City Council for final action (CONTINUED FROM MARCH 14,2018) Staff recommends the Planning Commission review the questions and responses generated following the Planning Commission Meeting of March '14, 2018. Staff also recommends the Planning Commission forward the draft ordinance to the City Council for review approval of the proposed revisions of Chapter '17,72 of the Rancho Cucamonga Municipal Code regarding sign regulations for public property. FORTIT4 19TITSIET, "I Following staff's presentation, the Commission brought forward questions and concerns to ,qddressed by staff. The noted questions and responses are as follows: am =- a. A 2015 Supreme Court decision involving signs in the right-of-way caused the City to evaluate its existing Municipal Code regulations on signs in the right-of-way. I `XHIMT A D1-Pg4 z kj A PLANNING COMMISSION STAFF REPORT PROPOSED REVISIONS FOR CHAPTER 17.72 MARCH 28, 2018 Page 2 b. Staff has received numerous reports from the public on excessive numbers and poorly placed signs in the right-of-way. Councilmembers have also expressed frustration at the placement of signs and the legal inabillty for staff to provide any enforcement. These numbers have not been well documented as enforcement has been suspended while the City evaluates its existing regulations. c. Several prior attempts to amend the Municipal Code in 2015 and 2016 were unsuccessful for a variety of legal, political and organizational reasons. The City Council strongly desires to complete the process in 2017 and move forward. d. Efforts to amend the Municipal Code regarding signs in the right-of-way began in May 2017. The process of gaining input from affected staff members in Public Works, Traffic Engineering, Planning and Community Improvement took several months, as did final legal review with the office of the City Attorney. e. The proposal is before the Commission now is to have the new regulation in place for the upcoming elections in June and November, when usage of the public right-of-way for signage typically increases. 2. How was the number of permitted commercial signs determined? a. The maximum limit of twelve (12) signs was a suggestion received from the real estate industry. Per City Council direction, staff was designated to meet, discuss and work with the real estate community to help ensure positive acceptance of the final product. Members there indicated twelve signs is a reasonable number to provide directional signs to event locations. They reported frustration with excessive numbers of signs by some in the industry and would like to avoid the visual blight being attributed to the profession. b. The additional constraint of two signs posted in each city block (one on each side of the street) will further limit the perception of "sign pollution" without further limiting the total number of signs. c. The Commission may recommend the draft to the Council with a consideration for further limiting the total number of commercial signs permitted for concurrent display. For timeliness reasons, staff strongly suggests moving forward, and including any recommendations from the Commission, rather than starting over with a new draft and a new round of outreach. 3. Will there be sufficient staffing to enforce the proposed regulations? a. Community Improvement staff and deputized volunteers already dedicate several hours a week to remove signs attached to City infrastructure or contact sign owners when a hazard is identified. b. As with even the current ordinance, in a worst case scenario there may not be sufficient staff and the efforts of existing staff would not be dedicated completely to gain full compliance from every person or business that posts signs in the right-of-way. The proposed amendment would provide the authority to take action in reported incidents or with the most egregious cases to preserve traffic safety and the beauty of D1—Pg 5 PLANNING COMMISSION STAFF REPORT PROPOSED REVISIONS FOR CHAPTER 17.72 MARCH 28, 2018 Page 3 City streets. Typically, with focused efforts, the ordinance achieves substantial compliance. c. While full compliance is not expected, staff believes the overriding concern for traffic safety and to address potential enforcement issues with the current ordinance are sufficient to justify the amendment of this Municipal Code section. CONCLUSION: In consideration of the responses provided, staff respectfully requests the draft ordinance be forwarded to the City Council for final action. FISCAL IMPACT: None. GENERAL PLAN GOALS ADDRESSED: Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds the Development Code amendment is consistent with the General Plan Goals, policies, and implementation programs. General Plan Goal CM -4 calls for the maximum operational efficiency of the street system. By regulating the time, manner and placement of temporary signs in the right-of-way, the safety for drivers, pedestrians and bicyclists is improved in accordance with General Plan Community Mobility Policy CM -4.2. Additionally, General Plan Goal LU -11 is to ensure Community aesthetics are maintained through appropriate regulation. This proposal reduces possible traffic hazards and promotes a high- quality visual environment throughout the City by providing the authority to remove temporary signs in the right-of-way, meeting the objectives of General Plan Land Use Policy 11.1. EXHIBITS: Exhibit A: Planning Commission Staff Report Dated March 14, 2018 D1—Pg 6 PLANNING COMMISSION STAFF REPORT PROPOSED REVISIONS FOR CHAPTER 17.72 MARCH 14, 2018 Page 2 The proposed regulations for posted signs would be completely neutral with respect to the content of the sign, other than the legally permitted additional restrictions on commercial signage. Staff members in Planning, Engineering, Public Works and Community Improvement have collaborated to develop these restrictions and requirements which are clear, well defined and narrowly tailored to address the public interest of safety and aesthetics in the community. Staff sought guidance from the City Council at a Council Workshop on January 17, 2018. The Council directed staff to bring the proposed revisions to the Planning Commission for the required review. Staff was also directed to engage in discussions with interested parties to ensure all parties were heard before bringing this before the Planning Commission. The proposed revisions were presented to the West End Real Estate Professionals group at their weekly meeting on February 23, 2018 and to the Inland Valley Associated Realtors on March 7, 2018. The proposal was generally well received with members expressing their understanding of the reason the City has proposed this revision, what would be permitted, what would be restricted, and how it would affect their work. Concerns noted include: 1. Regulation should be more strict with a limit to the number of signs concurrently posted. After further discussion between staff, this has been incorporated with the proposed ordinance providing a limit of twelve (12) signs for concurrent display by any single commercial entity. 2. The number of days for intermittent posting is too limited and should be increased. Staff believes the number of permitted days is sufficient while still reducing visual blight in the City. 3. Signs advertising a specific event must be removed when the event is closed or the date has passed. This was reviewed with legal counsel who determined false or misleading signs are not a form of protected speech and this has also been incorporated in the proposed ordinance revision and applies to all types of signs. ANALYSIS: The use of public spaces for signage has become a significant issue in aesthetics, safety and liability; at the present time the out-of-date requirements in the current Municipal Code limit enforcement ability. For example, political signs are not permitted in the right-of-way as the Code is written, only signs posted by the City, street banners, wayfinding and only up to four real estate signs are exempt from the general prohibition. This type of regulation based on content (real estate versus political) is clearly contradictory with current case law. Amending the Municipal Code as proposed will allow for the lawful placement of various types of signs because the new regulations would only be based on the time, manner and placement of the sign to meet safety requirements and provide for timely removal. Signs of every type in the right-of-way would be limited for size, height and a display period. As proposed, staff would be able to take action for signs found in violation by notifying the responsible party or removing the sign for later retrieval by the responsible party. In review of the time and manner such temporary signs are posted, staff identified two general types. There are signs that are posted for continuous display for a period of several weeks, such D1—Pg 8 PLANNING COMMISSION STAFF REPORT PROPOSED REVISIONS FOR CHAPTER 17.72 MARCH 14, 2018 Page 3 as seasonal events, campaign periods and large real estate development; and those that are posted intermittently for less than 24 -hours, also for seasonal events, directional signs for temporary events and real estate open houses. The proposed ordinance provides two, 60 -day periods in a calendar year for continuous display and a 'maximum of 90 days annually for intermittent display. These regulations are sufficiently flexible to allow both types of user ample time periods, yet provide enforceable limitations. Commercial signs, including real estate, would no longer be restricted' to four signs for display, but would instead be subject'to regulations on the location and manner of placement. Only one sign would be permitted on any street frontage within a city block, allowing for multiple directional signs to be posted, but maintaining the aesthetics of the City streetscape. The overall number of signs for concurrent display by any commercial entity would be limited to twelve, allowing an ample number for providing direction, but limiting the overall number that may be placed. Commercial signs would also not be permitted near the permanent location of a business to maintain the purpose and effectiveness of the sign program for private property. These regulations would not .affect temporary signs posted on private property in the City, which would be permitted according to the current Municipal Code requirements. The proposed amendment will not have a significant impact on the environment. The proposed amendment is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15305'- Minor Alterations in Land Use, and Section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed ordinance does not permit nor allow the construction of any new facilities. It -permits the temporary installation of signs within,the public right of way with appropriate restrictions on time, manner and place. The signs are regulated to be of size and scale to prevent. impacts to traffic, bicycle and pedestrian safety while maintaining a high quality visual environment. Therefore, this project will not have a significant effect on the environment. FISCAL IMPACT: None. GENERAL PLAN GOALS ADDRESSED: Per Section 17.22.040 of the Development. Code, amendments to the code may be -approved only when ,the City Council finds the Development Code amendment is consistent with the General Plan Goals, policies, and implementation programs. General Plan Goal CM -4 calls for the maximum operational efficiency of the street system. By regulating the time, manner and placement of temporary signs in the right-of-way, the safety for drivers, pedestrians and bicyclists is improved in accordance with General Plan Community Mobility Policy CM -4.2. Additionally, General Plan Goal LU -11 is to ensure Community aesthetics are maintained through appropriate regulation. This:proposal reduces possible traffic hazards and promotes a high-quality visual environment throughout the City by providing the authority to remove temporary signs in the right-of-way, meeting the objectives of General Plan Land Use Policy 11.1, D1—Pg 9 PLANNING COMMISSION STAFF REPORT PROPOSED REVISIONS FOR CHAPTER 17.72 MARCH 14, 2018 Page 4 EXHIBITS: Draft Resolution for Proposed Revision — DRC2018-00177 RCMC 17.72 D1—Pg 10 RESOLUTION NO. 18-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018-00177 -- AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE MUNICIPAL CODE TO AMEND REGULATIONS REGARDING THE POSTING AND DISPLAY OF SIGNS IN THE PUBLIC RIGHT-OF-WAY, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00177 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On the 14th day of March 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing on March 14, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City recognizes recent case law decisions which identify regulations based on the content of a sign when placed on public property as unconstitutional. Based on these decisions, the City can no longer prohibit the placement of some signs while allowing other entities to post signs in public places. b. The only permitted distinction is between non-commercial signs and those with a commercial purpose. This is a recognition that non-commercial speech, such as religious or political speech, is the most valued and protected form of expression under the First Amendment. This distinction allows regulations to be more restrictive on commercial signs than on non- commercial signs. C. The City desires to amend Title 17 of the Municipal Code in order to regulate the posting and display of signs in the public right-of-way throughout the City. d. The proposed regulations are neutral on the content of any sign, regulating only the time, manner and placement of signs in the interest of public safety, community aesthetics and equal access to public places. 0EXHIBIT A 3�i y i 18 D1—Pg 11 PLANNING COMMISSION RESOLUTION NO. 18-12 MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA March 14, 2018 Page 2 e. Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds the Development Code amendment is consistent with the General Plan Goals, policies, and implementation programs. General Plan Goal CM -4 calls for the maximum operational efficiency of the street system. By regulating the time, manner and placement of temporary signs in the right-of-way, the safety for drivers, pedestrians and bicyclists is improved in accordance with General Plan Community Mobility Policy CM -4.2. f. Additionally, General Plan Goal LU -11 is to ensure Community aesthetics are maintained through appropriate regulation. This proposal reduces possible traffic hazards and promotes a high-quality visual environment throughout the City by providing the authority to remove temporary signs in the right-of-way, meeting the objectives of General Plan Land Use Policy 11.1. g. The intent of this resolution is to continue the long-standing practice of regulating signage to advance the City's interest in traffic safety and community aesthetics. h. The resolution is intended to provide reasonable sign regulations that advance these interests without making reference to, or imposing any regulation based on, the content of temporary signs posted- in the right-of-way or the messages that they convey. 3. The proposed amendment will not have a significant impact on the environment. The proposed amendment is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15305 - Minor Alterations in Land Use, and Section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed ordinance does not permit nor allow the construction of any new facilities. It permits the temporary installation of signs within the public right of way with appropriate restrictions on time, manner and place. The signs are regulated to be of size and scale to prevent impacts to traffic, bicycle and pedestrian safety while maintaining a high quality visual environment. Therefore, this project will not have a significant effect on the environment. 4. Based upon the conclusions set forth in paragraphs 1, 2 and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00177 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MARCH 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA D1—Pg 12 PLANNING COMMISSION RESOLUTION NO. 18-12 MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA March 14, 2018 Page 3 M Francisco Oaxaca, Chairman ATTEST: Candyce 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 14th day of March 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D1—Pg 13 RESOLUTION NO, 18-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018-00177 -- AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE MUNICIPAL CODE TO AMEND REGULATIONS REGARDING THE POSTING AND DISPLAY OF SIGNS IN THE PUBLIC RIGHT-OF-WAY, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00177 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On the 14th day of March 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to the meeting of March 28, 2018. A legal Notice of Continuance was posted. 3. On March 28, 2018, the Planning Commission of Rancho Cucamonga continued said hearing to the meeting of April 11, 2018. A legal Notice of Continuance was posted. 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 March 14, 2018, March 28, 2018 and April 11, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City recognizes recent case law decisions which identify regulations based on the content of a sign when placed on public property as unconstitutional. Based on these decisions, the City can no longer prohibit the placement of some signs while allowing other entities to post signs in public places. b. The only permitted distinction is between non-commercial signs and those with a commercial purpose. This is a recognition that non-commercial speech, such as religious or political speech, is the most valued and protected form of expression under the First Amendment. This distinction allows regulations to be morerestrictive on commercial signs than on non- commercial signs. C. The City desires to amend Title 17 of the Municipal Code in order to regulate the posting and display of signs in the public right-of-way throughout the City. D1 --Pg 14 PLANNING COMMISSION RESOLUTION NO. 18-16 MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA APRIL 11, 2018 Page 2 d. The proposed regulations are neutral on the content of any sign, regulating only the time, manner and placement of signs in the interest of public safety, community aesthetics and equal access to public places. e. Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds the Development Code amendment is consistent with the General Plan Goals, policies, and implementation programs. General Plan Goal CM -4 calls for the maximum operational efficiency of the street system. By regulating the time, manner and placement of temporary signs in the right-of-way, the safety for drivers, pedestrians and bicyclists is improved in accordance with General Plan Community Mobility Policy CM -4.2. f. Additionally, General Plan Goal LU -11 is to ensure Community aesthetics are maintained through appropriate regulation. This proposal reduces possible traffic hazards and promotes a high-quality visual environment throughout the City by providing the authority to remove temporary signs in the right-of-way, meeting the objectives of General Plan Land Use Policy 11.1. g. The intent of this resolution is to continue the long-standing practice of regulating signage to advance the City's interest in traffic safety and community aesthetics. h. The resolution is intended to provide reasonable sign regulations that advance these interests without making reference to, or imposing any regulation based on, the content of temporary signs posted in the right-of-way -or the messages that they convey. 3. The proposed amendment will not have a significant impact on the environment. The proposed amendment is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15305 - Minor Alterations in Land Use, and Section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed ordinance does not permit nor allow the construction of any new facilities. It permits the temporary installation of signs within the public right of way with appropriate restrictions on time, manner and place. The signs are regulated to be of size and scale to prevent impacts to traffic, bicycle and pedestrian safety while maintaining a high quality visual environment. Therefore, this project will not have a significant effect on the environment. 4. Based upon the conclusions set forth in paragraphs 1, 2 and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00177 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA D1—Pg 15 PLANNING COMMISSION RESOLUTION NO. 18-16 MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA APRIL 11, 2018 Page 3 to ATTEST: Francisco Oaxaca, Chairman Candyce 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 11th day of April 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: DI—Pg 16 CHAPTER 17.72. —SIGN REGULATIONS FOR PUBLIC PROPERTY Section 17.72.010. - Purpose and proprietary capacity. This chapter regulates signage in the public right-of-way and on other city -owned property. In adopting this section, the city council acts in its 'proprietary capacity as to city property, as defined in this title, within the city. This section is adopted pursuant to the city's general powers, property rights, Government Code §§ 65850(b), 38774, and 38775; Business and Professions Code § 5200 et seq.; Civil Code § 713; and Penal Code § 556t,,-seq. . t-, ,.- Section 1.7.72.030. - General prohibition. u�fi Unless specifically authorized by this chapter, no signs rrnay be displayed�an city property by private parties. 3' r Section 17.72.040. - Signs allowed on city prop The following signs -may be erectedYand displayedAon city`property: F >` 4�L A. Signs erected by the City orsno atl`dA9 vernmental µnit. B. Signs allowable under secti6hN 17 72050k9 (Persdttally Attended Signs), 17.72.060 (Street Banner Pr..ogram), 1712.07 {Co, . munity� f?lrectional Wayfinding Signs), 17.72.080 (Posted 5ignsjin the Public Righf pf 1Nay) and 17.12.090 (Commercial: signs Posted in PliI[c Streets};f'this chapte„r,, Section 17.72 450 Personay Attendecl`Signs. V l . In areas qulaiifying as'�°kpublic forums, privaW;persons may display noncommercial message signs thefeon, provided that such signs conform to all of the following: A. Th`e signs must be'p00sona11” field by a person or personally attended by one or more perPersonallyttended means that a person is physically present within five feet of�tlle sign at all times. B. The signs mays; }pe di'spiayed only during the.time period of sunrise'to sunset, except on occasions whet he city council and/or the planning commission are holding public hearings or meeting's; "on such occasions, the display period is extended to 30 minutes is officially adjourned. after such rrieeting C. The maximum aggregate size of all signs held or personally attended by a: single person is 12 square feet. For purposes. of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. D. The maximum size of any one sign which is held or personally attended by two or more personsl is 50 square feet, measured on one display face only. E. The sign must have no more than two display faces and may not be inflatable, air - activated or have mechanical movement. Sign Regulations for Public Property � Proposed Revision March 2018 Attachment A D1—Pg 17 F. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane or in a traffic median when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass: by. Persons holding signs may not obstruct the extended line of the "clear visibility triangle", as defined in chapter 17.126 (Universal Definitions) and depicted in Figure 17.72.080.D. Section 17.72.060. - Street banner program. The purpose of this program is to establish guideline94 d criteria for the selection of city events for marketing through street banners and procedures forahe display of street banners. ..;; 1n furtherance of this program, the city ,coi administrative criteria for the operation of the progrE locations, and applicant procedure and approval,"prod if es fablished program policies and selection;:of,designated street banner including terms and conditions. Section 17.72.070. - Community directional wayfihd,ing sigr The intent of this program is to -,provide assistani navigating the city and providing acc6s"s`to;tourist-orient parks, historic and cultural sites, and other pubIfe:venues V� In furtherance ofthisapTogram, the'city cour�clsl administrative criteria far, the,operation of the programa through the program•�;ard sign locatEon and design',•criteria. Section 17.72 080, - Posted s gnsir �r� u 1n4 5 public streets; �ncluoIng noncommercial and commercial ni`e of the following: A. Si ns hall be freestaodin± limited'topoles, posts,"perr lJf�li .,711 CGl.1 � � k rF t;�• to motorists and pedestrians in :destinations, regional attractions, in.city limits. sh program policies and of destinations to identify blit street frontage, private persons may display ge signs�f reon, provided that such signs conform to all andznbt affixed to any existing structure, including but not tted signs, or utility boxes. B. Signs shall �r ot,obstrudt'6hy existing, permitted, permanent sign. C. Signs shall rnof excee�'nine (9) square feet in total area. The sign's height shall not exceed 36 inchesraRve the ground. D. Signs shall not create a traffic or pedestrian hazard. In addition, any sign placed in a traffic median, roadway intersection, driveway, or in the extended line of the "clear visibility triangle", as defined in Chapter 17.126 and depicted in Figure 17.72.080.D., shall be considered hazardous and are prohibited. Sign Regulations for Public Property -- Proposed Revision March 2018 D1 --Pg 18 FIGURE 17.72.080.D. EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE Road Right—of—Way Line or Edge of Driveway. I I I I No signs cllowed in hatched area. I` I I t 20' I Road Right—of—Way Line: E. Signs are prohibited on right-of-way immediately adjacent to city property, including but not limited to parks, community centers; ;city facilities or unimproved parcels. F. No more than one sign containing tvVo °:display faces is permitted. -.on each side of a public street on each city block.- For purposes of•this.section, a city-Vock shall be the street frontage located between roadway intersections, dead ends; -cul-de-sacs, or a turn in the roadway alignment of,45 degrees or_more. G. Signs which have become worrj,,faded„weathered torn or dilapidated in any way shall be repaired or removed immediately by fhe owner or'responsible party. H. 'Signs posted in the same location'continuously for•longer than 24 hours shall be limited to two periods_ of display' -per calendar year;' provided that they may be posted for a maximum of�; 60 days at .;any one time and at least 60 days shall separate the conclusion of tFi`e'first 60 -da term and tfZe beginning of the second 60 -day term. Each 3y. sign ,shall be marked with"the-.date the sign;was posted. I. SEgnsspbsted.on a daily basis shall,be,displayed for no more than 12 hours in each 24 hour period: Such slgns',shall be displayed for no more than 90 days per calendar .,year, whether consecutivegr'intermittent days. J. Signs; advertising or.promotirig a particular event, including commercial and non-profit events and elections,: shall be promptly removed no later than forty-eight (48) hours after the event's conclusion or, in the event it is cancelled, its cancellation. Signs that .,n ., have not'-Ifeen removed within the required period shall be subject to immediate abatement by.f'he City: Section 17.72.090 Commercial signs posted in the public right-of-way. A. Commercial signs shall conform to all provisions on Section 17.72.080 for size, manner and placement. B. A commercial entity with a permanent location and permitted, permanent sign shall not post any temporary commercial signs in the right-of-way within 200 feet -of the perimeter of the parcel or structure, including a master -planned, contiguous shopping center, whichever is furthest, where the business is located. Sign Regulations for Public Property — Proposed Revision March 2018 D1—Pg 19 C. No more than twelve (12) signs, each containing no more than two display faces, shall be posted at any one time for each business. In the case of multiple business entities occupying the same premises, each separate business entity shall be permitted up to twelve (12) such signs. In the case of a single business entity occupying multiple locations, the business entity shall be permitted up to twelve (12) signs for each business location. D. Commercial signs that either falsely advertise a commercial event that is not occurring or advertise any illegal activity are prohibited. Section 17.72.100 Removal of signs from the public right-of-way and city property. A. Any sign found in violation of this chapter may be..;su nmarily removed by the City as a trespass and a public nuisance. If the sign incl.ud.es,contact information for the sign's owner, then the city will make reasonable efFor##o contaet'the owner with information on how and where to retrieve collected signs. Signs shall be, held by the City for collection by the owner for a period ofAirty (30) days. An'y'-signs not collected by the owner after thirty (30) days shall be "disposed of by the City. B. The City shall not be responsible nor make restitution4for any sign • 'pp sted in violation of this chapter, whether or not,the sign is removed-ty_City staff. C. The person or organization responsible for placing assign in the right-of-way or city property shall assume all lialAity,fo'r darrlages to the'sign or caused by the installation or display of the sign. l Sign Regulations for Public Property-- Proposed Revision March 2018 D1—Pg 20 DATE: April 11, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner 01> I INITIATED BY: Dominick Perez, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC — A proposal to construct a 56,560 -square foot building for office, storage, freight handling, shipping, trucking service's and terminals on an 11.82 -acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, - 16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC — A proposal to remove a total of two (2) heritage trees and twenty-seven (27) non -heritage trees in conjunction with a proposed industrial project to construct a 56,000 -square foot building for storage, freight handling, shipping, trucking services and terminals on an existing 11,82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration, 0*401-ITIViNvil I 1 11111111 1421taigg:••• rkgmel 14111011 14 AIM012% III M K 012"11HON �111_11144111uci This item was previously scheduled for a Planning Commission public hearing on February 14, 2018. However, on the day of the hearing the City received a comment letter from the Department of Toxic Substances Control (DTSC) and the applicant also raised a separate comment regarding the project conditions of approval relating to required offsite rail spur improvements. Therefore, staff requested a continuance to allow time for the applicant to address these comments. Following the continuation, the applicant, at the direction of Planning msmm PLANNING COMMISSION STAFF REPORT DRC2017-00084 — DEDEAUX PROPERTIES April 11, 2018 Page 2 Department staff, contacted the DTSC with a response letter (Exhibit N) and has since received confirmation from DTSC that no additional analysis of the site is necessary prior to the completion of the City's approval of the project. Additionally, the City has been working with the applicant, as well as other outside agencies including California Public Utilities Commission (CPUC), BNSF Railway Company, and the Southern California Regional Rai[ Authority (Metrolink), regarding a previous Engineering Services Department condition of approval that the Engineering Services Department included for the project at the previous Planning Commission hearing. The condition, which previously required the applicant to remove the entire rail spur from the westerly terminus of the spur to the rail switch east of Etiwanda Avenue, has been revised to allow the abandonment and removal of the spur onsite. After research and coordination with BNSF and Metrolink, the remaining portion of the spur was determined to be owned and maintained by BNSF. All other conditions of approval that require improvements within the public right-of-way remain within the attached Resolutions of Approval. Lastly, it should be noted that the applicant has revised the design of the future conceptual rail spur. The conceptual spur design, which previously entered the site from the midpoint of the south property line, was revised to be located generally in the same location as the existing line as it will enter the site along the southern edge of the Etiwanda Avenue frontage and will run westerly to the southwest corner of the site. Further discussion of these updates and revisions are provided in the sections below. PROJECT AND SITE DESCRIPTION: The project site is a rectangular -shaped property with a combined area of 11.82 acres with dimensions of about 1,265 feet (east to west) and about 435 feet (north to south). It is partially developed with a materials recovery facility that occupies the western 6.12 acres of the property. The remaining 5.17 acres on the eastern portion of the site are currently vacant. The site has an interrupted street frontage along Etiwanda Avenue due to a separate parcel (APN: 0229-131-07) that is not a part of the proposed project that bifurcates the project site's street frontage. This results in a street frontage that is separated into two parts with a combined length of 285 feet. ANALYSIS: A. Prosect Density: Floor Area Ratio --10.9 percent (0.109) B. Design Review: The applicant proposes to construct a commercial trucking facility. The project includes the construction of a 56,560 -square foot truck term i na [/office building, a D2—D3 Pg2 ]Land Use General Plan Zoning Site Material Recovery Facility/ Heavy Industrial Heavy Industrial (HI) District Undeveloped North Georgia Pacific Warehouse Heavy Industrial Heavy Industrial (HI) District Facility South B.N.S.F. Railway and Etiwanda Heavy Industrial Heavy Industrial (HI) District Power Generating Station Bernell Hydraulics, Single - East Family Residences, Truck Heavy Industrial/ Heavy Industrial (HI) District/ Storage Business and Bail General Industrial General Industrial (GI) District Bonds Office West Gerdau Rebar Manufacturing Heavy Industrial Heavy Industrial (HI)_District Facility ANALYSIS: A. Prosect Density: Floor Area Ratio --10.9 percent (0.109) B. Design Review: The applicant proposes to construct a commercial trucking facility. The project includes the construction of a 56,560 -square foot truck term i na [/office building, a D2—D3 Pg2 PLANNING COMMISSION STAFF REPORT DRC2017-00084 - DEDEAUX April 11, 2018 Page 3 parking lot with ninety (90) vehicle parking spaces, one hundred forty-four (144) trailer parking spaces and onsite landscaping. The proposed building, which is centrally located on the subject site, is divided into two areas. The easterly 10,000 square feet of the building contains a two-story office area. The remaining 46,560 square feet of the building will be used as a trucking terminal. The building will have a maximum height of 37 feet and 6 inches and will be setback over 300 feet from Etiwanda Avenue, which is consistent with the maximum height requirements within the Heavy Industrial (HI) District. The building will be constructed of concrete tilt up walls that will incorporate smooth and sandblasted corrugated formliner exterior finishes, a large glass entrance along the building's front (west) elevation, glass windows with metal awnings along the office area elevations, decorative reveal lines, and one hundred one (101) dock doors along the north and south elevations of the trucking terminal portion of the building, which is in compliance with the City's requirement for 360 degree architecture. Access to the site will be via Etiwanda Avenue. The site plan indicates a total of two vehicular access points at Etiwanda Avenue; one adjacent to the employee and visitor parking area within the northeastern corner of the site and the second adjacent to the employee parking area within the southeastern corner of the site. The site plan also indicates both driveway entrances will have decorative stamped concrete. The employee and visitor parking areas will have a total of ninety (90) vehicle parking spaces. The trucking terminal area will have a total of one hundred forty-four (144) trailer parking spaces. Based on the proposed office, storage and distribution uses, their square footages, the number of dock doors and the parking standards specified in Section 17.64 of the Development Code, a total of seventy- two (72) vehicle parking spaces and one hundred one (101) trailer parking spaces are required. Therefore, the project complies with the City's parking requirements. The loading and trailer parking area will be screened from public view by an architecturally compatible 8 -foot tall concrete wall and rolling gate. For security purposes, an 8 -foot tall chain link fence will be installed around the north, south and west perimeter of the trailer parking area. The proposed site plan and conceptual landscape plan indicate approximately 89,000 square feet (eleven percent) of the project site will incorporate landscaping. A total of one hundred thirty-one (131) trees are proposed throughout the project; one hundred one (101) along the north, south and west perimeter of the property and thirty-one (31) throughout the employee and visitor parking areas and along the Etiwanda Avenue street frontage. Per Section 17.36.040 of the Development Code, industrial projects within the Heavy Industrial DZ—D3 Pg3 Building Number of Number of Square Spaces Spaces Parking Ratio Footage Required Provided Office 11250 10,000 40 1st 20,000 @ 111,000 20,000 20 2"d 20,000 @ 112,000 20,000 10 Warehouse Above 40,000 @ 114,000 6,560 1.64 Total 66,560 71.64 = 72 94 The proposed site plan and conceptual landscape plan indicate approximately 89,000 square feet (eleven percent) of the project site will incorporate landscaping. A total of one hundred thirty-one (131) trees are proposed throughout the project; one hundred one (101) along the north, south and west perimeter of the property and thirty-one (31) throughout the employee and visitor parking areas and along the Etiwanda Avenue street frontage. Per Section 17.36.040 of the Development Code, industrial projects within the Heavy Industrial DZ—D3 Pg3 PLANNING COMMISSION STAFF REPORT DRC2017-00084 - DEDEAUX April 11, 2018 Page 4 (HI) District shall incorporate a minimum of ten percent landscaping. Therefore, the project complies with the City's landscape requirements. Additionally, the project will be in compliance with the Development Code requirement to provide an outdoor employee break area, as the site plan indicates a shaded employee break area will be constructed along the southern edge of the office area. The conceptual grading and drainage plan shows the location of an existing railroad spur onsite, which enters the property at the southeast corner of the site from the Burlington Northern Santa Fe (BNSF) Railway line (Exhibit F). Development Code Section 17.36.040(D)(6) requires properties which adjoin existing or proposed lead or spur lines to provide rail service access. However, since the commercial trucking facility will not require rail service access, the project was not designed to incorporate the spur, but instead proposes to abandon and remove the spur. The above referenced code section also states the rail service development standards may be amended or deleted on a site -by -site basis during the development review process if the Planning Commission determines (1) the installation of the spur track cannot be accomplished due to physical constraints on or adjacent to the project site, and (2) other existing or potential rail service properties will not be negatively affected in their ability to accommodate rail service activity as a result of modifications to the standards. Because the spur only provides rail service to the subject property, removal of the spur will not negatively affect nearby properties. Also, due to truck traffic associated with industrial businesses within the general vicinity of the project site, Policy CM -1.6 of the 2010 General Plan encourages pursuing a railroad grade separation at Etiwanda Avenue and the BNSF Railway line at some point in the future. At such time, due to the physical constraints created by the grade separation, the rail spur may be affected and removed. Therefore, this project meets the requirements necessary for the Planning Commission to delete the standards to provide rail service to this site. In an effort to meet the intent of this section of the Development Code, the applicant has provided a conceptual rail spur design (Exhibit F2) that will allow future occupants of the site the option of adding a rail spur along the southern interior edge of the property, should their business plan require rail access. As mentioned above in the background section, the applicant previously designed the conceptual spur to enter the site from the midpoint of the south property line. However, after communicating with the CPUC, BNSF and Metrolink, it was determined that the remainder of the spur east of the project parcel lines of the site were under the ownership of BNSF and will need to remain in place. The applicant's revised design will allow a future rail spur to take access from the southern edge of the Etiwanda Avenue frontage, where the spur currently exists, and will run along the southern property line. Additionally, it should be noted that the applicant obtained a quitclaim deed from the from BNSF Railway Company which grants dismantling rights to the spur trackage on the subject parcel. Since the future improvements will no longer involve the removal of the entire spur, but instead involve the onsite portion of the spur, Engineering Department Condition of Approval #7 has been revised and will no longer require the applicant to obtain CPUC (California Public Utilities Commission) authorization prior to removing the spur track off- site, but will allow the developer to remove the rail spur on-site to the easterly ownership of the spur at Etiwanda Avenue, more specifically the westerly edge of the existing concrete panels and will also require an Engineering Department encroachment permit for any work done within the City right-of-way. The applicant has reviewed the revised Engineering Condition #7 and does not have a concern with this requirement. D2—D3 Pg4 PLANNING COMMISSION STAFF REPORT DRC2017-00084 - DEDEAUX April 11, 2018 Page 5 Lastly, the project includes street improvements for the remaining unimproved portion of Etiwanda Avenue that abuts the project site. This includes the street, curb, gutter, sidewalk and street lighting. C. Tree Removal Permit: The applicant submitted a Tree Removal Permit to remove onsite trees that conflict with the proposed industrial development. The application analyzes a total of thirty-two (32) trees: thirty (30) trees onsite and two (2) trees offsite. The species of the trees, according to a Protected Tree Report (Exhibit H) prepared by Evergreen Arborist Consultants, Inc. on October 6, 2017, consist of floss silk, date palm, ash, Mexican fan palm, Italian cypress and queen palm trees. Per table 1 of the tree report, of the thirty (30) trees on the project site, a total of three (3) trees were determined to be heritage trees. The Development Code defines a heritage tree as a tree having a minimum height of 30 feet and diameter at breast height of 20 inches. The report concluded that due to site limitations and the physiological limitations of the trees, twenty-nine (29) of the onsite trees, including two (2) heritage ash trees, should be removed and the heritage floss silk tree should be preserved in place. As discussed within the Design Review section of the staff report above, the project involves the installation of landscaping throughout the parking lot and perimeter of the site, including the planting of 131 trees throughout the perimeter and parking lot of the site. Therefore, the project will be in compliance with the Development Code tree replacement policy, which requires one tree to be planted for every heritage tree removed. D. Design Review Committee: The project was reviewed and approved by the Design Review Committee (Wimberly, Macias, Granger) on November 14, 2017 (Exhibit 1). No major issues were identified and the Design Review Committee recommended the approval of the project to the Planning Commission. E. Technical Review Committee: The project was reviewed and approved by the Technical Review Committee on November 14, 2017. Conditions of Approval are included in the Resolution and attached Conditions of Approval. F. AB52 Trial Consultation: California Assembly Bill 52 (AB52) requires that the City send project notification to interested California tribal communities when a project requires an Environmental Impact Report, Mitigated Negative Declaration or Negative Declaration. In accordance with AB52, on October 26, 2017, notifications were sent to Native American communities who requested to be notified (per AB52) to determine interest in engaging in consultation related to the potential impact to cultural resources as a result of the project (Exhibit J). The City was contacted via email on November 1, 2017, by the Gabrieleno Band of Mission Indians — Kihz Nation (GBMI) who requested to consult. On December 14, 2017, the GBMI consulted with the City and the applicant and it was determined that a Tribal Monitor would be necessary during all construction related ground disturbing activities. A mitigation measure has since been included in the initial Study that requires the applicant to obtain the services of a Tribal Monitor during ground disturbing construction activities associated with the project. The City was also contacted via email on November 15, 2017, by the San Manuel Band of Mission Indians (SMBMI) who indicated that "Due to the nature and location of the proposed project, and given the CRM Department's present state of knowledge, SMBMI does not have any concerns with the project's implementation, as planned, at this time." SMBMI then requested that three conditions be incorporated into the project. Staff has included the suggested conditions as mitigation measures in the Initial Study. No other contact was made by any of the other tribes that were notified. D2—D3 Pg5 PLANNING COMMISSION STAFF REPORT DRC2017-00084 - DEDEAUX April 11, 2018 Page 6 G. 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 (Exhibit L), City staff determined that, with the imposition of mitigation measures related to Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hydrology and Water Quality, Noise and Tribal Cultural Resources, 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 January 10, 2018. 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 February 14, 2018. Due to a letter of concern received on February 14, 2018 (Exhibit N) from The Department of Toxic Substance Control (DISC), the Planning Department requested a continuance to allow the applicant the time to prepare a response to the concerns described in the letters. The letter specifically presents concerns regarding the analysis in the MND of the underground storage tanks (USTs) and other onsite equipment. The letter did not provide any evidence that contaminated soils exist on-site. At the direction of the Planning Department, the applicant's representatives, Cox, Castle and Nicholson, LLP., provided a response letter to DTSC on February 22, 2018 (Exhibit O) that stated, "Based on the conclusions in the Phase I Environmental Site Assessment, dated September 29, 2016, prepared by Professional Service Industries, Inc. ("PSI") ("Phase I Report"), and the Addendum to the Phase I Environmental Site Assessment, dated October 13, 2016, prepared by Intertek ("Phase I Addendum"), many of the issues raised in the DTSC Letter have already been satisfactorily addressed. It appears that DTSC did not previously review the enclosed Phase I Addendum, which makes clear that regulatory closure was issued regarding the former USTs at the Property. As a result, additional investigation of the USTs is unnecessary. As discussed in more detail below, although DPE believes the other identified issues do not warrant additional investigation, nonetheless DPE is willing to undertake certain additional assessment." On Monday, March 5, 2018, DTSC responded and agreed that additional analysis may be addressed after completion of the City's review process. The applicant has since entered into a Voluntary Cleanup Agreement with DTSC to perform additional sampling and evaluation of the project site. According to CEQA section 15073.5(c), recirculation of a Mitigated Negative Declaration is not required under the following circumstances: (1) Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1; (2) New project revisions are added in response to written or verbal comments on the project's effects identified in the proposed negative declaration which are not new avoidable significant effects; (3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; and (4) New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. In summary, the project's mitigation measures were not modified and no new project revisions were added in response to the concerns. The design of the proposed industrial development remains the same as prior to receiving the comments that were submitted by DISC. Furthermore, no new mitigation measures were added in response to the concerns. Therefore, recirculation of the Mitigated Negative Declaration is not required. A Mitigation DZ—D3 Pg6 PLANNING COMMISSION STAFF REPORT DRC2017-00084 - DEDEAUX April 11, 2018 Page 7 Monitoring Program was prepared to ensure implementation of, and compliance with, the mitigation measures for the project. 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: transportation infrastructure, drainage infrastructure and police. It should also be noted that the City's Development Impact Fees are planned to increase in March and July of 2018 and will continue to periodically increase annually. The project will also create temporary jobs during the construction of the site and permanent jobs during the operation of the site. The number of permanent jobs that the project will generate in unknown at this time as the tenant has not yet been determined. COUNCIL GOAL(S) ADDRESSED: MID AND LONG-RANGE PLANNING One of the City's Council goals is to revitalize underutilized areas and enhance industrial land uses. The proposed industrial building will in -fill a vacant, underutilized site and enhance the existing industrial area located around the site. Approval of the proposed building will permit the area to develop with heavy industrial uses as specified in the General Plan and Development Code. CORRESPONDENCE: This item was advertised as a public hearing with a regular 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. To date, no comments or phone calls have been received in response to the project notifications. EXHIBITS: Exhibit A - Aerial Photo Exhibit B - Site Plan Exhibit C - Architectural Elevations Exhibit D - Floor Plan Exhibit E - Roof Plan Exhibit F - Conceptual Grading Plans Exhibit F2 - Future Conceptual Rail Spur Design Exhibit G - Conceptual Landscape Plan Exhibit H - Protected Tree Report (October 6, 2017) Exhibit I - Design Review Committee comments (November 14, 2017) Exhibit J - AB52 Tribal Consultation Request Letters (October 26, 2017) Exhibit K - Proposed Negative Declaration Exhibit L - Initial Study Parts I, 11 and III Exhibit M - Mitigation Monitoring Program D2—D3 Pg7 PLANNING COMMISSION STAFF REPORT DRC2017-00084 - DEDEAUX April 11, 2018 Page 8 Exhibit N - Letter from Department of Toxic Substance Control (February 14, 2018) Exhibit O - Letter from Cox, Castle and Nicholson, LLP (February 22, 2018) Draft Resolution of Approval with Conditions for Design Review DRC2017-00084 Draft Resolution of Approval with Conditions for Tree Removal Permit DRC2017-00800 CB-.DP/1s. 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Michael F. Green Registered Consulting Arborist No.: 602 5670 Wilshire Blvd. Suite 1800 Los Angeles, CA 90036 310.913.5203 —E -7'e r r e e . © 2017 Evergreen Arborists Consultants. All Rights Reserved. D2 --D3 Pg36 Table of Contents 1.0 Introduction .......... ........... ......................... 2.0 Background and Project Description ............ 3.0 Observations ................................................. Matrix of Trees (Table 1) .............................. 4.0 Tree Preservation Guidelines ........................ 5.0 Tree Protection Measures ............................. 6.0 Tree Viability of Relocation ........................ 7.0 Conclusions................................................... 8.0 Recommendations ......................................... 9.0 Definitions .................................................... .......................................................................3 .................... ...................................................4 .......................................................................5 .......................................................................7 .......................................................................7 .....................................................................10 ..................................................................... l I — .......................................----................... I I .............. .. .............................---.................12 .Attachments Attachment A - Aerial Image ....................... Attachment B — Site Plan ............................. Attachment C - Survey ................................. Attachment D - Site Photos .......................... Report Writer ............................................... Assumptions and Limitations ...................... ..19 .............................. _............................................ .... 20 ..................................................................................21 ..................................provided on separate attachment ..................................................................................23 ......................................................... .........................24 D2 --D3 Pg37 8768 & 8822 Etiwanda Ave. Rancho Cucamonga, CA 91739 1.0 Introduction This report addresses the trees of a proposed trucking facility on a vacant and commercial site located at 8768 and 8822 Etiwanda. Avenue, Rancho Cucamonga, CA. As part of my scope of work, I inventoried a total of 32 trees (Table 1). Of the 32 trees, 29 are listed as removals due to the footprint of the proposed construction. Three of the 32 inventoried trees are considered Heritage trees under the Rancho Cucamonga's Tree Preservation Ordinance. The project development will preserve one onsite tree and two trees offsite (OS) trees located on the adjacent property. In addition, I provide an assessment of the viability of relocation for the proposed removal of the onsite trees. My recommendations and tree assessments are provided in Sections 6.0 and 8.0 of this report. Limits oj.`1`greenient My examination of the trees is based on my visual inspection. My site examination and the information in this report are limited to the date and time the inspection occurred. The information in this report is limited to the condition of the trees at the time of my inspection. My examination is not considered as a tree risk assessment. This report is not intended as and does not represent legal advice and should not be relied upon to take the place of such advice. Evergreen Arborists may supplement this report to expand or modify our findings based on review of additional inforn-iation as it becomes available. Pia -pose and Uve of Report I was retained by Mr. Horning to evaluate protected trees on the property and prepare a report in accordance with the City of Rancho Cucamonga Tree Ordinance Section RCMC 17.80. This report presents my observations and opinions concerning the protected trees. Information in this report is limited to the condition of the trees during my inspection on April 11, 2017. The report is to be used by Mr. Horning and Dedeaux Properties at their discretion. 2.0 Background and Project Description The property is located on an approximately 11,90 -acre Iot in a commercial neighborhood. The lot has a commercial metal recycling facility and an adjacent vacant lot. The topography of the lot is relatively flat. The structure and parking lot were not under constriction at the time of my inspection. The 32 trees are depicted on the attached site map shown with tree I.D. numbers and are field tagged except for tree 931 through OS# -33 due to limited accessibility to the trees at the time of my site inspection. All the trees are numbered as trees 1 through OS9-33. Trees #1, S, and 10 are Evergreen Arborists Consultants D2 --D3 Pg38 8768 & 8822 Etiwanda Ave. Rancho Cucamonga, CA 91739 considered Heritage Trees. Trees 2 through 4, 6 through 9, and 11 through OS9-33 are not heritage trees because they are less than 30 feet in height. 3.0 Observations free Ratings As a means to cumulatively measure the trees physiological health, structural integrity, anticipated life span, location, size, and species, each listed tree is assigned as "Good," "Fair," "Poor" or "Dead/Dying" condition rating. These ratings are described below and assigned to trees in Table 1 (Matrix of Trees). Good: These trees appear in overall good health, seem structurally stable, and have a high potential of providing long-term contribution to the site. They are the most suitable for retention and protection. Fair: These trees require frequent care throughout their remaining life span, and provide less significance to the site than those assigned a high suitability. They maybe worthy of retention, but not at the expense of significant design revisions. Poor: These trees are predisposed to irreparable health and stntctural problems that are expected to worsen regardless of measures employed. They are suitable for removal. Dead or dying: These trees are in declining health or already dead. They are the most suitable for removal. Evergreen Arborists Consultants' D2—D3 Pg39 V) ul F O d G O O O O C O 7 O O O O E E e E G e E E E E < C F P P O 0 N N� L 4 .�4 L � 9 q• b T u ro v v a 'J �,a V G k y ❑ L V N •� � m M N m r'1 r1 In h M 00 D2—D3 Pg40 140 N d J N ti E e U N � F% D2—D3 Pg41 8768 & 8822 Etiwanda Ave. Rancho C:ucainonea. CA 91739 4.0 Tree Preservation Guidelines Constntetion activities near trees may have long-term effects on trees. Trees vary in their ability to adapt to altered growing conditions. Mature trees have established stable biological systems in the pre-existing physical environment. Disruption of this environment by construction activities interrupts the tree's physiological processes causing depletion of energy reserves and a decline in vigor, which may result in a tree's death. Typically, this reaction develops between one to three years but symptoms may not show for many years after disruption. The tree protection regulations are intended to guide a construction project to ensure that appropriate practices will be implemented in the field to eliminate undesirable consequences that may result from uninformed or careless acts, and preserve both trees and property values. Install Type 1 orange fencing around the canopy of the tree to provide protection for Trees 1, OS -932 and OS933. Best Management Practices (BMP) are designed to preserve and protect tree health by avoiding damage to tree roots, trunk, or crown.' Site development and planning prior to construction activities is an important component to avoid disturbance within the Tree Protection Zone (TPZ) for all trees designated for protection. BMP consists of avoiding any activity near protected a tree that disturbs or harms the tree. Tree protection provides for the physical protective barriers during any site disturbance that may impact protected trees and their roots such as grading, building construction and maintenance, infrastnictuure and utility installation and maintenance, and other landscape changes. These impacts may affect the structural integrity and stability of protected trees. The contractors are responsible for protecting the proposed trees designated for protection (Table 1) within the TPZ. Tlie trees listed in this report under "preserve" are suitable for preservation, and have the potential for longevity at the site. If all of my recommendations and City regulations are followed, the trees proposed for retention will be preserved and protected. The designated trees proposed for protection are rated for suitability for preservation based upon age, health, structural condition, and ability to safely coexist within a development environment. 5.0 Tree Protection Measures Recommendations presented within this section serve as general design guidelines to help mitigate or avoid damage in conformance with the City requirements. They are subject to revision upon reviewing the project plans, and the Project Arborist should be consulted in the event any cannot be feasibly implemented. Please note any referenced distances from trunks are intended from the closest edge (face) of their Outermost perimeter at soil grade. Evcrfg,rcen Arborists Consultants D2 --D3 Pg42 8768 & 8822 Etiwanda Ave. Rancho Cucanionaa. CA 91739 5.1 Design Guidelines 1. In the TPZ, all trenching, soil scraping, compaction, mass grading, finish -grading, over excavation, sub excavation, swales, bio swales, storm drains, equipment cleaning, stockpiling/dumping of materials, and equipment operation shall be. avoided. Where an impact encroaches slightly within a setback, it can be reviewed on a case-by-case basis by the Project Arborist to determine appropriate mitigation measures. 2. Grading. The Advisory Agency is authorized to prohibit grading or other construction activity within the drip line of a protected tree. '3. All existing unused lines, pipes, and vaults within the TPZ should be abandoned and cut off at existing grade rather than being dug up and causing subsequent root damage. 4. The permanent and temporary drainage design, including downspouts, should not require water being discharged within the TPZ. The drainage should not require trenching for storm drains or swales within the TPZ. 5. Underground utilities and services should be routed beyond the TPZ. Where this is not feasible, the section of line(s) within the TPZ should be directionally bored by at least 4 feet below existing grade or installed by other means to avoid an open trench. 6. The future staging area and route(s) of access should not be in.the TPZ. 7. To restrict spoils and runoff from traveling into root zones, the future erosion control design should establish any silt fencing or straw wattles away from the tree's trunk (not against it) and as close to the canopy's edge as possible. The proposed landscape design should conform to the following additional guidelines: 8. Plant material installed beneath the canopies of the protected trees, if applicable, must be appropriate and planted at least 3 feet from the trunk. 9. Irrigation should not spray the trunk. 10. Irrigation, valves, and Iighting features should be placed so that no -trenching occurs within the TPZ. 11. New property fencing and fence posts should be placed at least 2 feet from the tree trunk. 12. Groundcover beneath the canopy should be comprised of a 5 -inch layer of wood chips or other high quality mulch. Keep mulch at least 6 inches from trunk. Evergreen Arborists Consultants D2—D3 Pg43 8768 & 8822 Etiwanda Ave. Rancho Cucamonga, CA 91739 13. Tilling, ripping, and compaction within the TPZ should be avoided. 14. Bender board or other edging material proposed beneath the canopy should be placed at existing grade. 15. Roots with diameters of 2 inches or greater should not be damaged or cut without prior assessment of the Project Arborist. A site meeting with the general contractor and Project Arborist should be conducted several weeks prior to demolition for the purposes of reviewing tree fencing locations and other measures presented in this report. Additional site inspections may also include supervising location and digging of fence posts as well as root cutting. All meetings are billed at an additional cost by the Project Arborist. Required fencing shall not be removed until completion of project. .5.2 During Deniolition and Construction 1. Tree trunks shall not be used as winch supports for moving or lifting heavy loads. 2. The removal of existing features within the TPZ must be carefully performed to avoid excavating into root zones. 3. Roots with diameters of 2 inches or greater should not be damaged or cut without prior assessment of the Project Arborist. 4. Supplemental water will be needed to help mitigate root loss/disturbance. 5. Spoils created during digging shall not be piled or spread on unpaved ground within the TPZ. 6. Digging holes for fence posts within the TPZ should be manually performed. In the event a root of 2 inches or greater in diameter is encountered, the process should be shifted over by 12 inches and the process repeated. 7. Great care must be taken by equipment operators to position their equipment to avoid the trunks of protected trees. The Project Arborist can be consulted to provide a feasible solution if needed. 8. Dust accumulating on trunks and canopies during dry weather periods should be periodically washed away every 3 to 4 months. 9. The disposal of harnifitl product's is prohibited beneath the canopies. Herbicide should not be used within a TPZ on site or should be. labeled for safe use near trees. Evergreen Arborists Consultants D2—D3 Pg44 to 5768 & 8822 Etiwanda Ave. Rancho Cucamonga, CA 91739 5.3 Soil Compaction Soil compaction is a complex set of physical, chemical, and biological constraints on tree growth. Principal components leading to limited growth are the loss of aeration and pore space, poor gas exchange with the atmosphere, lack of available water, and mechanical impedance of root growth. Soil compaction is considered to be the largest single factor responsible for the decline of trees on construction sites. 5.4 Grae in- Limitations within the Tree Ilroleetion Zone 1. Lowering the grade around trees can have an immediate and long-term effect on trees. Typically, most roots are within the top 3 feet of soil, and mostof the rine roots active in water and nutrient absorption are in the top I2 inches. 2. Grade changes within the TPZ are not permitted. Tilling, ripping, and compaction within the TPZ should be avoided. 3. Grade changes outside the TPZ shall not significantly alter drainage. 4. Grade changes under specifically approved circumstances shall not allow more than 6 inches of fill soil or allow more than 4 inches of existing soil to be removed from natural grade, unless mitigated. 5. Grade fills over 6 inches or impervious overlay shall incorporate an approved permanent aeration system, permeable material, or other approved mitigation. 6. Grade cuts exceeding 4 inches shall incorporate retaining walls or an appropriate transition equivalent. 6.0 Tree Viability of Relocation Dedeaux has 29 trees proposed for removal on the property and will be impacted by the proposed construction of the commercial building and parking lot (Attachment B). As a result, I recommend removal of these 29 trees on the property. Part of my scope of work is assessing the viability of relocation of these trees. I evaluated the feasibility of transplanting the trees at the site. However, I do not recommend transplanting these trees because there are no guarantees the trees will sun ive even if appropriate care is taken during the pre- and post -transplanting process. It is important to consider the maturity of the tree and its size because larger trees have higher mortality rates after transplanting. Nonetheless, I provide a list of the most likely feasible trees for transplanting (see Table 1). The trees listed for removal have been disturbed and negatively Evergreen Arborists Consultants D2 --D3 Pg45 11 9768 & 8822 Etiwanda Ave_ Rancho Cucainonga, CA 91739 impacted by the current recycling plant and lack of maintenance and care. These trees are not good candidates for preservation or transplanting even if pruning or proper maintenance were performed. 7.0 Conclusions In my professional opinion, the project may proceed if the following conditions are met: 1. Exposed roots at the site of the trees to remain (Table 1) should be covered with burlap, carpet remnants or other material that may be kept moist until soil can be replaced. 2. This report is part of the set of plans given to the contractor. The contractor should be familiar with the specificinstructions and responsibilities pertaining to protected trees. It is recommended that a professional arborist be retained and meet with the contractor and his personnel prior to commencement of the project. 3. 1 conclude the 29 trees proposed for removal on the construction project cannot and should not be preserved due to site limitations and the trees' physiological limitations. These trees are better candidates for removal rather than preservation. 8.0 Recommendations This report is part of the set of plans given to the contractor. The contractor should be familiar with the specific instructions and responsibilities pertaining to protected trees. It is recommended that the contractor meet with the arborist and his personnel prior to commencement of the project. 2. Trees listed for preservation in Table 1 will be impacted by the proposed constriction of the commercial building but are suitable for preservation. As a result, Type I tree protection fencing should be installed to help preserve the trees throughout the construction process. 3. Trees listed for removal in Table 1 will be significantly impacted by the proposed construction of the commercial building and are not suitable for preservation; as a result, they should be removed. Tree no. 10, listed as a Heritage tree, is in poor condition and has decay throughout the canopy and dead branches, as well as, poor architecture. This tree is not a good candidate for preservation and should be replaced with a tree of more suitable species. 4. Exposed roots at the site of the trees to remain (Table 1) should be covered with burlap, carpet remnants or other material that may be kept moist until soil can be replaced. Evergreen Arborists Consultants D2—D3 Pg46 M ,�768 & 8822 1 n�vanch Ave, kandw ('A 917,19 5. Protected trees shall not be rernoved until approvfl is granted bly the City ot'Rancho 0 icanrong"I . 6. Hadditional site inspections by the Pro.ject Arborist are reClUired, air hourly rate Is charged, Fenced enclosures shall be erected around trees to be protected. 'Ffils will achieve three primary Keep crowns and branching StrUCtUre clear ftom contact by e(JUJ I pment, niliterials, and activities. 2, Preserve r(l)ots and soil condition in an intact and non-corripacted state. ldentif'y the Tree Protectiort one in which nca sod disturbance is permitted and activities are restricted, ruiless otherwise w,rpproved by the Protect Arbonst, A IA'arnlng' sign is prominently displayed on each protective enclosure, The sign will be a rninin"111111 ol'8.5 inches x I I inches and clearly state the folloxving: TREE PROTECTION ZONE This Fence Shall Not be Removed - -- . . ....... . — ........ . . -.1-1-1--.- 4and 0S0 3 to be preseryed thrOLI�!J'101)t alae 'Fvpe I Tree Prolection Ferree is for trees 1'?' 1 , OS4! .32 duration of the pro ect, "r,he lences shall enclose the entire area under the canopy drip line or 1.13z' if specified by the Project Arborist. If fencing ITILIst be located on paving or concrete that Nvill not be demolished, an appropriate grade level concrete base may support the posts. 9.0 Definitions Basal nair or root crown rneans the tree trUnk where it emerges ficin the root system and flairs out to create the base of the tree, 2. Canopy ineans the area ofa tree that consists primanly ol"branches and leaves, 3, Drip line means the outermost area of the tree canopy (Ie'afy area of tree), 4, Root Protection Zone means the area within as circle with as radius eClUal to the greatest distance from the trunk to any overhanging ft)hage in the tree catropy, hcrp,:c'n A+otkts Conuhon.'� 13 8768 & 8822 Etiwanda Ave_ Rancho Cucamonga, CA 91739 5. Diameter at Breast Height (DBH) or Diameter at Standard Height means the diameter of the perimeter tree trunk at 4.5 feet (or 54 inches) above natural grade level. The diameter may be calculated by using the following formula: DBH = circumference at 4.5 feet x 3.142 (D=C x Pi). 6. Brown Trunk Height (BTH) - Nursery Standard Measurement for palm trees (frons grade to the base of the newest emerging spear) 7. Disturbance refers to all of the various activities from construction or development that may damage trees. 8. Drip line area means the area within X distance from the trunk of a tree, measured from the perimeter of the trunk of the tree at 54 inches above natural grade, where X equals a distance ten times the diameter of the trunk at 54 inches above natural grade. 9. Excessive Pruning means removing in excess, one-fourth (25 percent) or greater, of the functioning leaf, stem or root area. Pruning in excess of 25 percent is injurious to the tree and is a prohibited act. Excessive punning typically results in the tree appearing as a `bonsai', 'lion's -tailed', `lolly -popped' or overly thinned. 10. Root pruning may include the cutting of any root 2 inches or greater in diameter and/or severing in excess of 25 percent of the roots. Roots can only be pruned outside the drip line. 11. Structural defect means any structural weakness or deformity of a tree or its parts. A tree with a structural defect can be verified to be hazardous by a certified arborist. Evergreen Arborists Consultants D2 --D3 Pg48 X7()S & S822 FtikkAlkh Ave. kancho Cucamonua, GA 91719 F(qicing The fence shall enclose the area tinder the canopy drip line orTPZ of the tree to be saved thrOUghout the lifie of the project, or mitil final improvenrent wwork within the area is required, typically near the end of the pro ect. Tree fencing shall be erected before demolition, grading Or C011SN'LIC6011 begins. EXAMPLE OF WARNING SIGN POSTEDTO FENCING This Nvarning sign shall be posted to the fencing, A warning sign shall be prominently displayed Z71 L, on the fence, The sign shall be a minimum of'S.5 x I I inches and clearly state: WARNING - "T"ree Protection Zone, For illustration I)Urposes only'. �'.� Lnly1 a�cn Arhori'ls Con^rukarts mama= 8768 & 8822 I'Alwanda Ave. Rancho Cucamonga, CA 91739 TR E 11" P R 0 IF, ( 'T 10 X f T, N( IN("� Via vyapk"" of "spp,f up La a f PI c' f f"I Mies f em I5 Type I Tree Protection Fencing encloses a partial area of the canopy dripline. The fencing shall enclose the area under the canopy to be saved throughout the life of the project, or until final irriprovement work within the area is I-eqUil-eel, typically near the end ofthe project. � 1% %rbo� k&i Con:'ukaw" K76K & 8822 I,trwanda Ave. Rancho Owmnom,,a, ( A 91739 Tvpc 11, Tree Proleclion, For trees s�tuated within a mirr(,nv planting strip, only the plantino strip sliall be enclosed \N ith the required protective fencing to keep the sidewalk and street open fc)l- public use. f"or lflustrat4.)n purposes only. � , % t� rg Y " c I \ J ) , N r B , � �, ( sulsim 870 &, 8822 Vnwanda Ave RJ)WhO ( UCOMMI�,,Nl, ('A 9M9 . . .. . ... . .... . ............. . ...... --- -- ----- Fencing tree photo NOT taken from current site - for illustration purposes only. Arhori,Y. ( on,uhaw,, �768 & 8822 lltiwanda Ave, 1�s11160 4. LIC01110t1ga, CA 91739 No Dumping Allowed Aroutid the Protect Tree USE OF HERBICIDE IS NOT ALLOWED WITHIN 20 FEETOFTVIE TREE'S DRIPLINE, Storage or parking vehicles, building materials, refuse, excavated materials spoils or dumping of C�' poisonous materials on or around trees and roots. Poisonous materials include, bUt are not limited to, paint., petroletitn prodLACtS, concrete or stucco mix, dirty water or any other inaterial which may be deleterious to tree health. 876X & 88?2 Ltkvanch Ave Rancho Cucamotwa, CA 91739 Attachment A -- Aerial Iniaoe Aerial image Nvith approxin'NIted PlOperI.N't)OLMdary, Of'SLIbjCCt property. F"'CrLmml ( uns(fluw�s MEMO= 2 r i R 2 z of .5 CAI 0 S 0 W . CL P, uj z 0 Emmum m 21 IF m "4 11 W IM M I i D2 -D3 Pg57 I 1U ana D2 -D3 Pg57 2.1 8768 &, 88212 Illiwankh Ave f(MIC110 CL1CM11()DU,1, CA 91719 Report Prepared by: Michael Green I am an arborist with Evergreen Ar'borists ('011SUItants, Inc. with over 10 years of'experience ill the landscape industry. Nly background includes hands-on experience in tree care, landscape mainteriance,, landscape construction, and irrigation management. I have a Bachelors de.gree in Z:� tn agriculture science from C'alifornia. State Polytechnic 1-Iniversity, San Luis Obispo. I area a Registered ('011SUIting Arborist with the Arnerican Society of'(" orisulting Arborists (AS('A), certified arborist and certified tree, risk assessor with the International Society of Arboriculture (ISA), certified Irrigation auditor with the Irrigation Association (IA), licensed pesticide applicator (QAL) with the state ofTaliforniaa and as ((. �'-27) licensed ('alifornia landscape contractor, 61 r 1, f i A . . . ...... tv rm W� \Michael F. Green VVE -9464A E.xorar n Date Juri 30 2017 oo, ih, 3 QkCONTRACTORS STATE UCENSE BOARD ACTNE LJCENSE 1009657 I' IV %C',"AEL GPEECj 1213112017 rs[� na g.",v it dpr 1E1111111'111 Ill u 1111E 11G UCENSNG4CER7 F*4'A7K,)N PROGRAM QAL 41 QUALIM0 APPLICATOR OCENSE Ucense#. 129842 EXPIRES: 1213112016 Calegw,,es B ;5 L" 01V01'))'5 MICHAEL F GREEN RO BOX 3567 MIS&ON VIEj0 CA 92690 mmHg= F 909190"NIt 24 8768 & 8822 Diwanda Ave. Rancho Cucamonga, CA 91739 Assumptions and Limitations My field methods are evaluated with a 100 percent ground visual survey. No climbing, excavating, coring, boring, sounding of the trunk, or drilling was performed. Trees that require an additional inspection for risk and hazard evaluation beyond the visual ground inspection will be billed under a separate proposal. All inspections are visual ground inspections and are not considered as a risk inspection. A risk assessment includes but is not Iimited to a root collar excavation, climbing the tree, and further examining the upper side of branches and upper trunk and stems. My site examination and the information in this report are limited to the date and time the inspection occurred. The information in this report was limited to the condition of the trees during my inspection. Additional inspection(s) require a separate agreement between both parties in writing. Site inspections only provide a "snapshot" of the tree. Changes in environmental conditions such as but not limited to construction, surrounding site changes, flooding, root damage, fires, pruning practices, lack of maintenance, grade changes, and wind can impact the tree's conditions, structure, safety, risk factor, health, etc. A consulting arborist cannot detect every condition that could possibly lead to the structural failure of a tree_ Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and/or below ground under the tree. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances or for a specified period of time. Likewise, remedial treatment does not guarantee outcome or results. The internet provides numerous tree risk assessment sites that offer tips for tree care and detecting and/or identifying potential tree hazards. If the client believes the tree's condition has changed since the date of this inspection, the arborist should be contacted ASAP. Future inspections, canopy inspections, and root collar examinations are under the client's discretion. Evergreen Arborists Consultants, Inc., its employees, or related companies, makes no guaranties, express or implied to the tree's health, risk, hazard, condition, potential for failure or future condition. Evergreen Arborists Consultants, Inc., its employees shall not be liable to client/owner or any other party(s) for loss of property, loss of life, loss of use, loss of profits or income(s), special damages, incidental damages, consequential damages, or damages arising from the failure of inspection(s) or weather conditions. The client shall hold this arborist harmless against any and all claims for injuries to persons or property on the premises. The report shall be considered in whole, no sections are severable, and the report shall be considered incomplete if any pages are missing. This report is proprietary to Evergreen Arborist Consultants, Inc. and may not be reproduced in whole or part without written consent. The Client acknowledges and agrees that all intellectual property rights and title, including without limitation, all copyright in this Assessment shall remain solely with Evergreen Arborist Consultants, Inc. Possession of this Assessment, or a copy thereof, does not entitle the Client or any third party to the right of publication or reproduction of the Assessment for any purpose save and except where Evergreen Arborist Consultants, Inc. has given its, prior written consent. This Every ecit Arborists Consultants D2 --D3 Pg59 25 8768 & 8822 Etiwanda Ave. Rancho Cucarnonea. CA 91739 Assessment may not be used for any other project or any other purpose without the prior written consent of Evergreen Arborist Consultants, Inc. A consulting arborist is a tree specialist who uses their education, knowledge, training, and experience to examine trees, recommend measures to enhance the beauty and health of trees and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist or seek additional advice. Any treatment(s), such as pruning and removal of trees, but not limited to, property boundaries, property ownership, site lines, disputes between neighbors, landlord -tenant matters, etc. are beyond the scope of this work. This arborist relies and accepts information from his client to be complete and accurate. The client hiring this arborist accepts full responsibility for authorizing the recommended treatment(s) or remedial measure(s) and holds this arborist harmless. Trees can be managed, but they cannot be -controlled. To live near a tree is to accept some degree of risk. The only way to eliminate all risks is to eliminate all trees. Evergreen Arborists Consultants D2—D3 Pg60 DESIGN REVIEW COMMENTS 7:00 p.m. Dominick Perez November 14, 2017 ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC - A proposal to construct a 56,560 square foot building for office, storage, freight handling, shipping, trucking services and terminals on an 11.82 acre site located within the Heavy Industrial (H1) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Proiect Site and Surrounding Land Uses: The project site is a rectangular -shaped property consisting of five parcels with a combined area of 11.82 acres with dimensions of about 1,265 feet (east to west) and about 435 feet (north to south). It is partially developed with a materials recovery facility that occupies the western 6.12 acres of the property. The remaining 5.17 acres on the eastern portion of the site are currently vacant. The site has an irregular boundary along Etiwanda Avenue due to a separate parcel (APN: 0229-131-07) that is not a part of the proposed project. Within this parcel is a hydraulic service and parts manufacturer (Bernell Hydraulics). The site has an interrupted street frontage along Etiwanda Avenue due to this parcel. This results in a street frontage that is separated into two parts with a combined length of 285 feet. The project site is bound by the Georgia Pacific warehouse facility to the north while to the south, on the opposite side of the railroad, is the Etiwanda Power Generating Station. On the opposite side of Etiwanda Avenue are legal, non -conforming single-family residences, a track storage business, and a bail bonds office. Gerdau, a steel rebar manufacturing facility is to the west. The subject property and the properties to the north, south and west are located within the Heavy Industrial (HI) District. The properties to the east are in either the Heavy Industrial (HI) or General Industrial (GI) Districts. Architecture and Site Planning: The applicant proposes to construct a commercial trucking facility.The project includes the construction of a 56,560 square foot truck terminal/office building, a parking lot with ninety (90) vehicle parking spaces, one hundred forty-four (144) trailer parking spaces and onsite landscaping. The proposed building, which is centrally located on the subject site, is divided into two areas. The easterly 10,000 square feet of the building contains a two-story office area. The remaining 46,560 square feet of the building will be used as a trucking terminal. The building will have a maximum height of 37 feet and 6 inches and will be setback over 300 feet from Etiwanda Avenue. The building will be constructed of concrete tilt up walls that will incorporate smooth and sandblasted corrugated formliner exterior finishes, a large glass storefront entrance along the building's front (west) elevation, glass windows with metal awnings along the office area elevations, decorative reveal lines, and one hundred one (101) dock doors along the north and south elevations of the trucking terminal portion of the building. Access to the site will be via Etiwanda Avenue. The site plan indicates a total of two vehicular access points at Etiwanda Avenue; one adjacent to the employee and visitor parking area within the northeastern corner of the site and the second adjacent to the employee parking area within the southeastern corner of the site. The site plan also indicates both driveway entrances will have decorative stamped concrete. The employee and visitor parking areas will have a total of ninety (90) vehicle parking spaces. The trucking terminal area will have a total of one hundred forty-four (144) trailer parking spaces. Based on the proposed office, storage and distribution uses, their square footages, the number of dock doors and the parking standards specified in Section 17.64 of the Development Code, a total of seventy-two (72) vehicle parking spaces and one hundred one (101) trailer parking spaces are required. Therefore, the project complies with the City's parking EXHIBIT I D2 -D3 Pg61 DRC COMMENTS DRC2017-00084 — DEDEAUX PROPERTIES LLC November '14, 2017 Page 2 requirements, The loafing and trailer parking area °il8 be screened from public view by an architeCtUrally compatible 8 -foot tall concrete wall and rolling gate, For security purposes, an 8 -foot tall chain link fence will be installed around the north, south and west perimeter of the trailer parking area, The proposed site plan and conceptual landscape plan indicate approximately 89,000 square feet (eleven percent) of the project site will incorporate landscaping. A total of one hundred thirty-one (1 1) trees are proposed throughout the project; one hundred one (1Cil ) along the north, south and west perimeter of the property and thirty-one (31) throughout the employee and visitor parking areas and along the Etiwanda Avenue street frontage, Per Section 17.36,040 of the Development Code, industrial projects within the Heavy indUstrial (HI) District shall incorporate a rninimurn of ten percent landscaping, Therefore, the project complies with the City"s landscape requirements The conceptual grading and drainage plan shows the location of an existing railroad spur onsite, which enters the property at the site's, Southeast corner from the Burlington Northern Santa Fe railway. Since the commercial trucking facility will not require rail access, the project was not designed to incorporate the SpUr. Therefore, the spur is proposed to be abandoned. However, because the Development Code requires rail service access to be provided for rail adjacent properties, the applicant has provided a conceptual rail Spur design, The conceptual rail spur design will allow future occupants of the site the option of adding a rail Spur, should their business plan require rail access,. lastly, the project includes street improvements for the remaining unimproved portion of Efiwanda Avenue that abuts the project site,. This includes the street, curb, gutter, sidewalk and street lighting. Staff Comments: Staff supports the proposed site layout and overall design of the proposed project, The building itself consists of 0SLJO-ljy-interesting fagades which meet the City's 360 -degree design standards. The project provides adequate employee and visitor parking as well as truck trailer parking for the project site. The project is in compliance with all other Development Code requirements, includiag, building setbacks® building height, landscape coverage and screening. Major Issues: The following broad design issues will be the focus of Cornrnttee discussion regarding this project: 1. None. Seconclar, y Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. None, ,Pp,�O,JSSUes; The following items are a matter of Planning Commission policy and should be incorporated ncorporated into the project design without discussion: main entrance. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All DDC and FDC shall be screened behind a 4-foot high block wall and appropriate landscaping, These walls she I[ be constructed of similar material Used on-site to match the building, DRC COMMENTS DRC2017-00084 — DEDEAUX PROPERTIES LLC November 14, 2017 Page 2 2. All ground -mounted equipment, including utility boxes, transformers, and back-flow devices, shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on -center. All ground -mounted equipment shall be painted dark green except as directed otherwise by the Fire Department. 3. The employee break area shall have an overhead trellis with cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches. Each support column shall have a decorative base that incorporates the architectural design and finishes/trim used on the building. The trellis shall be painted to match the building, and tables, chairs/benches, and waste receptacles shall be provided. 4. All wrought iron fences and sliding gates shall be painted black or similarly dark color. Where tubular steel wrought iron sliding gates are used, they shall be backed by solid or perforated metal sheeting painted to match the fence or gate. Staff Recommendation: Staff recommends that the project be forwarded to the Planning Commission for final review and action. D2—D3 Pg63 PLANN NO DEPARTMENT It CATY OF RANCHO CUCAMONGA 10500 CWIC CENTER OR RANCHO CUCAMON, CA 91730-3801 9214 0901066154170m14 2958 79 RETURN RECEIPT (sLacTRown) JOSEPH ONTIVEROS SOBOBA BAND OF LUISENO INDIANS PO BOX 487 SAN JACINTO, CA 92681-0487 .... ... .... .... ..... ..... ....................... ......... ................. -............ ~----_--............... -_-............. ..... ........ .---__'~'-^~~-~.~-.~~.................. ..~ _........ __'~'....... _....... _____...... _^___~'^_~^_^~,....... '^................. __,~___~___°,'________~____`____=~________~_ ........ '---`--_'........ '---..... .......... --........... ................ ..... ..... vi ;v -~_ ................. ----'~����� EXHIBIT _- v2017z4 26ou Mayal L Denns M6'iae� � Ma, c.rr F'ro feM LyrMC U. Kurwedy Y E"XiuincH Members VVOhann J. Mexor`MP,'r, Spagnob, Dsane'hihams City Managerjohn R. Whson 10500 Civic Center DrM., i P.O Box 807 Rancho Cucamonga, ("A 91729-0807 1909,477,2700 1 vnvw CityofRC,us Soboba Band of Luiseno Indians Joseph Ontiveros, Cultural Resource Director P.O. Box 487 San Jacinto, CA 92561 TJ -F 11 I �1 M W Jim I M 1 ro W MA M. REM -7 ro I in -*Tr Ine pfu�,Fse* �irujeut, r af�v-, - I ricans are impo M.N. the planning process. Design Review DRC2017-00084 — Dedeaux Properties LLC - A proposal to construct a 5,6,000 - square foot building for office, storage, freight handling, shipping, trucking services and terminals on an existing 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Efiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, 16 and 26, gig - APNs: 0229-131-15,16 and 26. 29OWr APPLICANT CONTACT PERSM Dedeaux Properties LLC Attn: Ben Horning 1430 S Eastman Avenue Los Angeles, CA 90023 The City is interested in receiving input from your community regarding any concerns related to the proposed industrial project. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to 0#0 TRIBAL CONSULTATION REQUEST DRC2017-00084 October 26, 2017 call to discuss any issuestcomments that you may have. The City requests to receive your comments by November 29, 2017. If you have any questions or comments, please contact me at (909) 477-2750 x4315 or in writing at the address below. Sincerely, PLANNING DEPARTMENT 0� Dominick Perez Associate Planner DPljy Attachments: Aerial Photo of the Project Site Project Site Plan D2—D3 Pg66 PLANNING DEPARTmExT CITY OF RANCHO CUCAAACNGA 11)800 CIVIC CENTER OR RANCHO CUCAMON. CA 9+730.7801 9214 8901 0661 5400 0114 2957 32 RETURN RECEIPT ELECTRONIC) LEE CLAUSS SAN MANUEL BAND OF MISSION INDIANS 26569 COMMUNITY CENTER DR HIGHLAND, CA 92346-6712 ........................................................................... ........... . .....»....,..,....:,.......,... „.............................. .... I ....... ..... �............,...._..........,.........,.......... :............ ,....... •. ill 7;0.11 r+ERk iMpbCertified8x5L9bel v2017.04 26.92 D2 -D3 Pg67 Mayor L Derns kfichaea I klayoProFenn Lyiime B. Kennedy =7 I I WRTIVIM9- MMT=ATPM Lee Clauss 26569 Community Center Drive Highland, CA 92346 dir M 11 IM115 =41 1!! i 11 i!! I 1 11 1 i V I I I M M The City of Rancho Cucamonga is processing an application for a Design Review application as described below, In accordance with AB 52, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project, Native Americans are important to the planning process Tree Removal Permit DRC2017-00800 — Dedeaux Properties LLC - A proposal to remove a total of 32 trees in conjunction with a proposed industrial project to construct a 56,0;00 -square foot building for storage, freight handling, shipping, trucking services and terminals on an existing 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, 16 and 26. TRIBAL. CONSULTATION REQUEST DRC2017-00084. October 26, 2017 call to discuss any issues/comments that you may have. The City requests to receive your comments by November 29, 2017. If you have any questions or comments, please contact me at (909) 477-2750 x4315 or in writing at the address below: Sincerely, PLA NtNG DEPARTMENT Dominick Perez, Associate Planner DP/jy Attachments: Aerial Photo of the Project Site Project Site Plan D2—D3 Pg69. PLANNING DEPARTMENT C(TV OF RANCHO CUCAMONGA 10500 CIViC CENTER OR RANCHOCUCAMON CA 01730-3801 9214 8901 0661 Wo 0114 2956 88 RETURN RECEIPT JELsCTnONIC) ANTHONY MORALES SAN GABRIEL BAND OF MISSION INDIANS PC BOX 693 SAN GABRIEL, CA 91778-0693 __ _ _ __-__~_"_____~��......._~_^ ~--_'--�--~_-_-_-~........... ....... __~._~_._-'__������'___^'--__-,__—.-____-__-__-~ mn��-26,92 D3-D3Pg7D P'l a ya � L , Dery I Is ha e I NA a �/or Flro rern t y� � ri e B, Ke� � r San Gabriel Band of Mission Indians Anthony Morales, Chief P.0, Box 693 San Gabriel, CA 91778 77-7-77101,777-71 rg'—M7777�7077 . I 77T19=1 described below, In accordance with AB 52, the purpose of this notice [is to determine whether your tribe desires consultation regarding the proposed project, Native Americans are important to the planning process, Tree Removal Permit DRC2017-00800 — Dedeaux Properties LLC - A proposal to remove a total of 32 trees in conjunction with a proposed industrial project to construct a 56,000 -square foot building for storage, freight handling, shipping, trucking services and terminals on an existing 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, 16 and 26, ms�� TRIBAL CONSULTATION REQUEST DRC2017-00084 October 26, 2017 call .to discuss any 'issues/comments that you may have. The City requests to receive your comments by November 29, 2017. .If you have any questions or comments, please contact me at (909) 477-2750 x4315 or °in writing at the address below. Sincerely,. PLAN ING DEPARTMENT Dominick Perez Associate Planner DPrJy Attachments: Aerial Photo of the Project Site Project'Site Plan D2 --D3 Pg72 PLANNING DEPARTMENT CrTY OF RANCHO CUCAMONGA 10500 CWC CENTER DR RANCHO CUCAMON, CA 91730.3801 9214 8801 0661 5400 0114 2959 47 RETURN RECEIPT )ELECTRONIC) MICHAEL MIRELEZ TORRES MARTINEZ DESERT CAMILLA INDIANS PO BOX 1160 THERMAL, CA 92274-1160 „..........................................................:............ ::.,......... ...,......,.,.,...-_............... .——, .....-.:,...............,._....,.......:.......„...................:.,... ,...:,:.,.:......,., �. 1111..-1111.... ............... ............... . ,..,..-......»...............,....r,r'r' L�i•I . ... ............. 1 ........111................................ .. 5:!4 r HA o t;� IIIh �.,......"..I.....I.... ..........................................................,.........«.....1.....1.1.1..— L-..',!.";;5 '1 ” '4i ii exp;E......................................... _... ..... .................. IMpbCerdfiW8x5Label v2017.04 26 92 D2 -D3 Pg73 hlayaDennis Nfichatr ; mayctir Fro Tem Lynw,,� (3 cnrk,rdy counc-H Pilembers WNaT� J APs: xandcr, 5arn Spagn0o, Dane IMIkaw,u City Managerjohn R, GR45on 10500 Uv,c CeWer DrM? I P.0 Box 807 1 RZ)MV10 CuCarnonp, CA 91 *129-0807 IF 111111111 1: 1 il� Torres Martinez Desert Cahuilla Indians Michael Mirelez, Cultural Resource Coordinator P.O. Box 1160 Thermal, CA 92274 Dear Mr, Mirelez: SUBJECT: Tribal Consultation Request for Design Review DRC 017-00084 MINIMA ROOM lugaruing ine proposea prpjecf.-Aauve Americans are impo an o the planning process, NO *n an existing 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-16, 16 and 26, ISAWA of 32 trees in conjunction with a proposed industrial project to construct a 56,000 -square foot building for storage, freight handling, shipping, trucking services, and terminals on an existing 11 .82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APiNs: 0229-131-15, 16 and 26, Dedeaux Properties LLC Attn: Ben Horning 1430 S Eastman Avenue Los Angeles, CA 90023 The City is interested in receiving input from your community regarding any concerns related to the proposed industrial project. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to MEMOM TRIBAL CONSULTATION REQUEST DRC2017-00084 October 28, 2017 call to discuss any issues/comments that you may have_ The City requests to receive your comments by November 29, 2017. If you have any questions or comments, please contact me at (909) 477-2750 x4315 or in writing at the address below. Sincerely, PLANNING DEPARTMENT Dominick Perez Associate Planner DPljy Attachments: Aerial Photo of the Project Site Project Site Plan D2 --D3 Pg75 PLANNING DEPARTMENT CITY OF RANCHO CUC"ONGA 10%0 CMC CENTER OR RANCHO CUCAMON, CA 91730.3601 9214 8901 0661 5400 0114 2959 85 RETURN RECEIPT (ELECTRONIC) ANDREW SALAS GABRIELENO BAND OF MISSION INDIANS-KIZH NATION PO BOX 393. COVINA, CA 91723-0393 ............. ...._............... .,,.,......... .....,..........., ................. ..........._._...,.........._......._..._.............. ,........ ...._.,................................rsrY�ri'.kiC.7x..,.... ....... ........ ....,.......,...................,..,...,.....».,........-......... i IIF: i0%0 IiF..FiC .......-.,..,�........ .......... ......... ...... .... .............. ...............,...M..........`�i�.�'=Ci6Nk.i7.................. -......... ............„...I—. ..........................-.... ..,...,_ IMpbCastiliad8x5Labal v2017.04.26 92 D2 -D3 Pg76 May,, -n( L Demnart a:[, Maycv Pu•aau`enn TennLynce 6, Keno"-"d.l Cc)uncH Mierr�bers Wdhamj, Ak.',xander, Sara Spagno, Dlane M4ams City Managerjohn R, Gllison P.O Box 807 1 Rancho Cucamonga, CA 91729-0807 E 909,477,2700 1 www.C'ityofR('.',U5 Andrew Salas, Chairman P.O. Box 393 Ciovina, CA 91723 all ytar U Ife UUMER (MrISMUMLn regaraing Me •7#VMU proje Ive ek;mencans are impol the planning process. # The City is interested in receiving input from your community regarding any concerns related to IVA -1Z MMMU4 TRIBAL CONSULTATION REQUEST DRC2017-00084 October 26, 2017 call to discuss any issues/comments that you may have. The City requests to receive your comments by November 29, 2017. If you have any questions or comments, please contact me at (909) 477-2750 x4315 or in writing at the address below. Sincerely, PLANNING DEPARTMENT Dominick Perez Associate Planner DPry Attachments: Aerial Photo of the Project Site Project Site Plan D2—D3 Pg78 L] c1 g r u..aw�w MIMMO cC-XLDCn MP=a I s .ori%IIImal , zi �i �°' D�Y13N8 i ro^r.coJvo-Wceoq;.�Aaom ad _ a� a a . 1 Linf ah=o M-Wa 10 h,3 f it - .. anmaAYYaNvmILa r ! 'I !;: I D2--D3 Pg80 r lilt ��� 3 �•,o gg44 � till t City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 29099 and 29092 of the Public Resources Code. Project Pile No.: Design Review DRC2017-00084 and Tree Removal Permit DRC2017-00800 Public Review Period Closes: February 14, 2018 Project Name: Dedaeux Properties LLC Project Applicant: Benjamin M. Horning Dedeaux Properties 1299 Ocean Avenue, 9th Floor Santa Monica, CA 90401 Project Location (also see attached map): Located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, 16 and 26. Project Description: The project involves a proposal to construct a 56,560 -square foot commercial trucking facility for office, storage, freight handling, shipping and trucking services on an 11.82 -acre site. Within the building, a total of 10,000 square feet will be for office uses and the remaining 46,560 square feet will be used as a trucking terminal and will contain one hundred one (101) dock doors. The project will include the construction of parking and landscaped areas with eighty-eight (88) total vehicle parking spaces, one hundred forty-four (144) trailer parking spaces approximately 89,000 square feet of landscaping. The project also includes street improvements forthe remaining unimproved portion of Etiwanda Avenue that abuts the project site. This includes the street, curb, gutter, sidewalk and street lighting. A total of thirty-two (32) trees are proposed to be removed in conjunction with the development of the site. The existing materials recovery facility and associated improvements will be removed. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study indicates that with mitigation measures, there is no substantial evidence that the project may have a significant effect on the environment. If adopted, the Mitigated Negative Declaration means that an Environmental Impact Reportwill not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. Date of Determination EXHIBIT K Adopted By D2—D3 Pg81 ESSEN= ENVIRONMENTAL INFORMATION FORM Part I - Initial Study) RANCHO (Please type orprint clearly using ink. Else the tab key to move from one line to the next tine.) C,,[lCAMOMGA PlanrNng Departmen! (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEGA. 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 It as required by CEGA. 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. Print'Form INCOMPLETEAPPL.ICATiONS WILL NOT SE 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 inlonnatloh. Application Number for the project to which this form pertains: DR(Lc900 f D Dd W Project Title: Truck Terminal Facility Name & Address ofproject awner(s): Charlie Buquet-Consolidated Czmo �.2�. �.3 f-� �. L �.�. �$ I�, re. t�ni �- / DG � �.`l S h�4cn c.8io t�ucs:c art �n •� _ C,�4-�J'� � .3 Name & Address of developer or project sponsor. j` ip ,-�bj4ev, C -r&uxn *c- Lob inDIes C& dJdDa---j S��`r�nrn�ti EXHIBIT L DZ -D3 Pg83 Page 1 of 10 Contact Person & Address: 1, 3 RJ '7'3x1 4- / C rG -- Name & Address of person preparing this form (if different from above): Telephone Number:'^ CA-AC14<3 CA-`,(� Information indicated by an asterisk () is not required of non -construction CUP's unless otherwise requested by staff. '1) Provide a tuft scale (8.7/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of colorpholographs that show representative views into the site from the north, south, east and west, views ur Lo and k2M the site,fiom 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):�a-- 4) Assessor's Parcel Numbers (attach additional sheet it necessary): '5) Gross Site Area (aclsq. 1t.}:/ /, L " a ��o E) Net Site Area (total site size minus area of public streets & proposed dedications): 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): NIA Updated 4/11/2013 Page 2 of 10 D2—D3 Pg84 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and othergovemmental agencies in order to fully Implement the project: Grading and Building Permits 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): The property Is currently developed and being used for a transporation and reycling facility with access to current full turn movement driveways along Etiwanda ave. The site currently drains to the sw corner of the site and has existing fencing and building structures that will be removed for the proposed project. The proposed project will generate less traffic trips than the current and existing uses. North Existing 1,2 million sf industrial distrubtion building. South Railroad and Water treatment facility West- Existing Metal fabrication company East- Existing trucking repair Updated 4111/2013 D2—D3 Pg85 Page 3 of 10 0 10) Describe the known cultural and/orhistarical aspects of the site. Cite all sources of information (books, published reports and oral history): There are no know historical aspects of this site t f) Describe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Railroad noise along the south as well as adjacent properties 12) Describe the proposed project in detail. Thfs should provide an adequate description of the site in terms of ultimate use that will resuft from the proposed praject. 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 additions) sheet(s) if necessary. The project will be developed in one phase to construction a warehouse terminal operations. 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of farad 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.): The site is cleared grubbed and maintained regularly and no known historical, or cultural signifcants Updated 411112013 D2—D3Pg86 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 project will be an upgrade to the area and consistent with surrounding properties 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? General construction traffic and operational noise from the propose use of the property '16) Indicate proposed removals and/or replacements of mature or scenic trees: NIA 17) Indicate any bodies o1 water (including domestic water supplies) Into which the site drains: Site drains into an existing storm drain system 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 (gallday) Peak use (gaUDay) b. Commerciab7nd. (galldaylac) 1863 Peak use (gallminlac) 21648 19) Indicate proposed method of sewage disposal, ❑ Septic Tank Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed Indicate expected dailysewage generation: (See Attachment A for usage estimates). Forfurtherclarification, please contact the Cucamonga Valley Water District at (909) 967-2591. a. Residential (gailday) b. Comrnerciallindustrial.(gatldaylac) Updated 4/1112013 D2 --D3 Pg87 page s or io RESIDENTIAL PROJECTS: 20) Number of residential units: Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: Attached (indicate whether units are rental or for sale units): 21) Anticipated range of sale prices and/or rents: Sate Prfce(s) to $ Rent (par month) $ to $ 22) Specify number of bedrooms by unit We: n/a 23) Indicate anticipated household size by unit type: 24) indicate the expected number of school children who will be residing within the project. Contact the appropriate School Districts as shown in Attachment 8: a. Elementary: b. Junior High: c. 5enlor High COMMERCIAL INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, Industrial or institutional uses: Development of an existing 11.82 acre site to construct a 56,080 sf building under the warehouse, storage, and disirubution for storage, frieght handling, shipping and trucking services and terminals. Updated 411112013 D2—D3 Pg88 Page 6 of 10 26) Total floor area of commercial, industrial, or Institutional uses by type: 27) Indicate hours of operation. 24 hours 7 days a week 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 rale of hire for each classification (attach additional sheet if necessary): TBD 381 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 varifred through the South Coast Air Quality Management District at (818) 572-6283): Trucks coming to and from the site. ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine theirability to provide adequate service to the proposed project? If so, please indicate their response. Yes Updated 4111!2013 D2—D3 Pg89 Page 7 at 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, ails, solvents, and other flammable liquids and gases. Also note underground storage ofany 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, 11 known. No known information. 34) Willthe proposed projectinvolve the temporary or long-term use, storage, ordischarge 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 anc labeled on the application plans. not planned at this time 35) The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confima 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 maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: I 3—/ _7_ Signature: Title: prtb-slbff±!� Updated 411112013 Page 8 of 10 D2–D3 Pg90 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) 705 gallons per EDU per day 256 gallons per EDU per day 1000 gal/daylunit (tenant) 4082 gal/day/unit (tenant) 973 gallday/unit (tenant) 6412 gallday/unit (tenant) 1750 gal/day/unit (tenant) 2020 galldaylunit (tenant) 1863 gal/day/unit (tenant) 270 gallons per EDU per day 190 gallons per EDU per day 1900 galldaylacre 1900 gal/daylacre Institutional/Govemment 3000 gal/day/acre 2020 gal/day/acre 1863 gal/day/acre Source: Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 Updated 4/1112013 Page 9 or 10 D2 --D3 Pg91 r` l �J 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 8775 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 4111/2013 D2—D3 Pg92 Page 10 of 10 BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II Project File: Design Review DRC2017-00084 and Tree Removal Permit DRC2017-00800 2. Related Files: NIA Description of Project: The project involves a proposal to construct a 56,560 square foot commercial trucking facility for office, storage, freight handling, shipping and trucking services. The project site is an 11.82 acre property. The rectangular -shaped project site is generally 1,275 feet in depth from east to west and 435 feet in width from north to south. The site is currently semi- developed with a materials recovery facility occupying the western 6.12 -acres of the property. The remaining 5.17 -acres on the eastern portion of the site are currently vacant. It is located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe (BNSF) railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and - 26. Within the building, a total of 10,000 square feet will be for office uses and the remaining 46,560 square feet will be used as a trucking terminal and will contain one hundred one (101) dock doors. The project will include the construction of parking and landscaped areas with eighty-eight (88) total vehicle parking spaces, one hundred forty-four (144) trailer parking spaces and approximately 89,000 square feet of landscaping. The project also includes street improvements for the remaining unimproved portion of Etiwanda Avenue that abuts the project site. This includes the street, curb, gutter, sidewalk and street lighting. A total of thirty-two (32) trees are proposed to be removed in conjunction with the development of the site. The existing aforementioned materials recovery facility and associated improvements will be removed. 4. Project Sponsor Name and Address: Benjamin M. Horning Dedeaux Properties 1299 Ocean Avenue, 9th Floor Santa Monica, CA 90401 5. General Plan Designation: Heavy Industrial 6. Zoning: Heavy Industrial (HI) District 7. Surrounding Land Uses and Setting: The project site is bounded by the Goodman Logistics Center to the north, Bernell Hydraulics, Etiwanda Avenue and single-family homes to the east, a Burlington Northern Santa Fe (BNSF) railway and Etiwanda Power Generating Station to the south, and an industrial Tamco Steel facility to the west. The subject property as well as the properties to the north, south and west are located within the Heavy Industrial (HI) District. The property to the east of the subject site, on the west side of Etiwanda Avenue, is within the Heavy Industrial (HI) District and the remaining properties along the east side of Etiwanda Avenue are located within the General Industrial (GI) District. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 D2 --D3 Pg93 Initial Study for City of Rancho Cucamonga DRC2017-00084 & DRC2017-00800 Page 2 9. Contact Person and Phone Number: Dominick Perez, Associate Planner (909) 477-2750, extension 4315 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None GLOSSARY—The following abbreviations are used in this report: APN -- Assessor's Parcel Number CALEEMOD — California Emissions Estimator Model CVWD — Cucamonga Valley Water District EIR — Environmental Impact Report FEIR — Final Environmental Impact Report FPEIR -f=inal Program Environmental Impact Report NPDES — National Pollutant Discharge Elimination System NIA — Noise Impact Analysis NOx—Nitrogen Oxides ROG — Reactive Organic Gases PM,a — Fine Particulate Matter RWQCB — Regional Water Quality Control Board SCAQMD — South Coast Air Quality Management District SW PPP — 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" or "Less than Significant with Mitigation Incorporated," as indicated by the checklist on the following pages. ( ) Aesthetics (x) Biological Resources (x) Greenhouse Gas Emissions () Land Use & Planning () Population & Housing () Transportation/Traffic (x) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: ( ) Agricultural Resources (x) Cultural Resources () Hazards & Waste Materials () Mineral Resources O Public Services (x) Tribal Cultural Resources (x) Air Quality (x) Geology & Soils (x) Hydrology & Water Quality (x) Noise (} Recreation () Utilities & Service Systems () I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (x) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Rev 4-17 D2—D3 Pg94 Initial Study for City of Rancho Cucamonga DRC2017-00084 & DRC2017-00800 Page 3 (} 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. () 1 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 4-17 D2—D3 Pg95 Date: Date: i'$fte� Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 4 EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: Less Than a) Have a substantial adverse effect on a scenic vista? () Significant Less (X) Issues and Supporting Information Sources: {-�� g Potentially[grifant Significant with Mitigation Than Significant No not limited to, trees; rock outcroppings, and historic Impact Incorporated im act Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? () () () (X) b) Substantially damage scenic resources, including, but (X) not limited to, trees; rock outcroppings, and historic buildings within a State Scenic Highway? C) Substantially degrade the existing visual character or () () {) {X) quality of the site and its.surroundings? d) Create a new source of substantial light or glare, which O O (X) ( ) would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Figure LU -6. Therefore, no 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. Therefore, no impacts are anticipated. C) The site is. located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue (APNs: 0229-131-15, -16 and -26). The project site is bounded by the Goodman Logistics Center to the north, Bernell Hydraulics, Etiwanda Avenue and single-family homes to the east, rail -road tracks and Etiwanda Power Generating Station to the south, and an industrial Tamco Steel facility to the west. Many of these uses and structures pre -date the incorporation of the City and establishment of the City's current design standards. The visual quality of the area will not degrade as a result of this project because the proposed commercial trucking and office facility will have an overall design that is consistent, and compatible, with the existing recently constructed industrial development, Goodman Logistics Center, adjacent to the project site to the north and similar recently completed industrial projects in the general vicinity. The project was reviewed by the City's Design Review Committee and is consistent with the Development Code and Design Guidelines. Furthermore, 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. Therefore, no impacts are anticipated. 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. Therefore, no adverse impacts are anticipated. Rev 4.17 D2 --D3 Pg96 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 5 2. AGRICULTURAL RESOURCES. Would the project: Less Than a) Convert Prime Farmland, Unique Farmland, or {) Significant Less (x) Issues and Su Information Sources: orting y Potentially Significant With Mitigation Thanpp Significant No shown on the maps prepared pursuant to the Farmland Impact incorporated Impact Impact 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or {) () (} (x) 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 (} () () (x) Williamson Act contract? C) Conflict with existing zoning for, or cause re -zoning of, O O O (x) 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 () (} {) (x) land to non -forest use? e) Involve other changes in the existing environment, () () (} (x) 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 within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue (APNs: 0229-131-15, -16 and -26). The project site is bounded by the Goodman Logistics Center Goodman Logistics Centerto the north, Bernell Hydraulics, Etiwanda Avenue and single-family homes to the east, rail -road tracks and Etiwanda Power Generating Station to the south, and an industrial Tall Steel facility 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. Therefore, no impacts are anticipated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. Therefore, no impacts are anticipated. Rev 4-17 D2—D3 Pg97 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 6 C) There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore, no impacts would occur related to the conversion of forest land to non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. No mitigation is required. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore, no impacts would occur related of the loss or conversion of forest land to non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. e) The site is located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at. 8822 and 8768 Etiwanda Avenue (APNs: 0229-131-15, -16 and -26). The project site is bounded by the Goodman Logistics Center Goodman Logistics Centerto the north, Bernell Hydraulics, Etiwanda Avenue and single-family homes to the east, rail -road tracks and Etiwanda Power Generating Station to the south, and an industrial Tamco Steel facility to the west. The nearest agricultural use, Joseph Filippi Winery and Vineyards, is located 1.4 miles north from the project site. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forestland. Therefore, there is no potential for conversion of forestland to a non -forest use. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: Less Than a) Conflict with or obstruct implementation of the () Significant Less (x) �+ Issues and Supporting Information Sources: Potentially With Than PP 9 Signifiant MiVgaVon Significant No substantially to an existing or projected air quality IMPS Ct Incorporated impact Impact C) There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore, no impacts would occur related to the conversion of forest land to non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. No mitigation is required. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore, no impacts would occur related of the loss or conversion of forest land to non -forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. e) The site is located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at. 8822 and 8768 Etiwanda Avenue (APNs: 0229-131-15, -16 and -26). The project site is bounded by the Goodman Logistics Center Goodman Logistics Centerto the north, Bernell Hydraulics, Etiwanda Avenue and single-family homes to the east, rail -road tracks and Etiwanda Power Generating Station to the south, and an industrial Tamco Steel facility to the west. The nearest agricultural use, Joseph Filippi Winery and Vineyards, is located 1.4 miles north from the project site. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forestland. Therefore, there is no potential for conversion of forestland 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 () () () (x) applicable air quality plan? b) Violate any air quality standard or contribute () (x) () ( } substantially to an existing or projected air quality violation? C) Result in a cumulatively considerable net increase of (} (x) O ( ) 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 () (x) () ( ) concentrations? e) Create objectionable odors affecting a substantial () () () (x) 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 and no significant impacts are anticipated. Rev 4-17 D2—D3 Pg98 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 7 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 have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (1-12S), 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. Rev 4-17 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, Greenhouse Gas Emissions and Health Risk Assessment impact Analysis (April 12, 2017) was prepared by Vista Environmental that utilizes CaIEEMod (Version 2016.3.1) to evaluate short-term construction emissions and short-term construction emissions for localized D2—D3 Pg99 Less Than Significant I Less Issues and Su Information Sources: Potentially with Than porting PP 9 Significant MiGgatanSignificant No act Incarorated Impact lm a dtm 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 have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (1-12S), 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. Rev 4-17 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, Greenhouse Gas Emissions and Health Risk Assessment impact Analysis (April 12, 2017) was prepared by Vista Environmental that utilizes CaIEEMod (Version 2016.3.1) to evaluate short-term construction emissions and short-term construction emissions for localized D2—D3 Pg99 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 8 Rev 4-17 significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Short Term (Construction): Prolect Emissions and Impact The project proposes to construct a 56,560 square foot commercial trucking facility for office, storage, freight handling, shipping and trucking services on an 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue (APNs: 0229-131-15, -16 and -26). Within the building, a total of 10,000 square feet will be for office uses and the remaining 46,560 square feet will be used as a trucking terminal and will contain one hundred one (101) dock doors. The project will include the construction of parking and landscaped areas with eighty-eight (88) total vehicle parking spaces, one hundred forty-four (144) trailer parking spaces approximately 89,000 square feet of landscaping. The project also includes street improvements for the remaining unimproved portion of Etiwanda Avenue that abuts the project site. This includes the street, curb, gutter, sidewalk and street lighting. A total of thirty-two (32) trees are proposed to be removed in conjunction with the development of the site. The rectangular -shaped project site is currently semi -developed with a materials recovery facility occupying the western 6.12 -acres of the property. The remaining 5.17 -acres on the eastern portion of the site are currently vacant. The existing onsite improvements are proposed to be removed for development of the proposed project. 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) Construction -Related Regional Criteria Pollutant Emissions Pollutant Emissions (poundsiday) Less Than Activity VOC NOx Significant Less PM10 Issues and Supporting Information Sources: pp 9 Potentiallyignif Significant with Millgafion Than Significant No Impact Incur orated Impact Impact Rev 4-17 significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Short Term (Construction): Prolect Emissions and Impact The project proposes to construct a 56,560 square foot commercial trucking facility for office, storage, freight handling, shipping and trucking services on an 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue (APNs: 0229-131-15, -16 and -26). Within the building, a total of 10,000 square feet will be for office uses and the remaining 46,560 square feet will be used as a trucking terminal and will contain one hundred one (101) dock doors. The project will include the construction of parking and landscaped areas with eighty-eight (88) total vehicle parking spaces, one hundred forty-four (144) trailer parking spaces approximately 89,000 square feet of landscaping. The project also includes street improvements for the remaining unimproved portion of Etiwanda Avenue that abuts the project site. This includes the street, curb, gutter, sidewalk and street lighting. A total of thirty-two (32) trees are proposed to be removed in conjunction with the development of the site. The rectangular -shaped project site is currently semi -developed with a materials recovery facility occupying the western 6.12 -acres of the property. The remaining 5.17 -acres on the eastern portion of the site are currently vacant. The existing onsite improvements are proposed to be removed for development of the proposed project. 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) Construction -Related Regional Criteria Pollutant Emissions D2 -D3 Pg 100 Pollutant Emissions (poundsiday) Activity VOC NOx CO SO2 PM10 PM2.5 Demolitionl Onsite 4.10 42.75 23.01 0.04 3.65 2.26 Offsite 0.28 6.16 1.91 0.02 0.54 0.17 Total 4.38 48.91 24.92 0.06 4.19 2.43 Gradingl Onsite 5.75 67.38 38.78 0.06 6.46 4.23 Offsite 0.17 0.89 1.47 0.00 0.27 0.08 Total 5.92 68.83 40.25 0:06 6.73 4.31 Building Construction Onsite 2.68 23.39 17.58 0.03 1.50 1.41 Offsite 0.64 4.16 5.26 0.02 1.11 0.32 Total 3.32 27.55 22.84 0.05 2.61 1.73 Paving Onsite 2.74 17.52 ' 14.80 0.02 0.96 0.88 Offsite 0.10 0.07 0.84 0.00 0.17 0.05 D2 -D3 Pg 100 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 9 Rev 4-17 Total 2.84 Less Than 15.64 0.02 1.13 0.93 Significant Less 2.26 Issues and Supporting Information Sources: Potentially Slgnlfica w,h Mitigation Than Significant No Combined Building Impact Incorporated Impact IMP -LU Rev 4-17 Total 2.84 17.59 15.64 0.02 1.13 0.93 Architectural 3.65 2.26 Gradingl 67.94 38.78 6.46 Coatings Combined Building 42.92 34,23 2.61 2.44 Construction, Paving, and Onsite 14.32 2.01 1.85 0.00 0.15 0.15 Offsite 0.10 0.08 0.90 0.00 0.18 0.05 Total 14.42 2.09 2.75 0.00 0.33 0.20 Combined Building 20.58 47.23 41.23 0.07 4.07 2.86 Construction, Paving, feet)2 Exceeds Threshold? and Architectural No No No Coatings SCQAMD Thresholds 75 100 550 150 150 55 Exceeds Threshold? No No No No No No Notes: t Demolition and Grading based on adherence to fugitive dust suppression requirements from SCAQMD Rule 403. 20nsite emissions from equipment not operated on public roads. a Offsite emissions from vehicles operating on public roads. Source: CalEEMod Version 2016.3.1. (Table N -Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis prepared by Vista Environmental on April 12, 2017). Construction activities associated with the project will result in emissions of CO, VOCs, NOx, SOx, PMto 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 Summa Construction Emissions with Best Available Control Measures Construction -Related Local Criteria Pollutant Emissions Pollutant Emissions (poundslday) Phase NOx CO PM10 PM2.5 Demolitions 42.75 23.01 3.65 2.26 Gradingl 67.94 38.78 6.46 4.23 Combined Building 42.92 34,23 2.61 2.44 Construction, Paving, and Architectural Coatings - Building Construction 23.39 17.58 1.50 1.41 - Paving 17.52 14.80 0.96 0.88 - Architectural Coatings 2.01 9.85 0.15 0.95 SCAQMD Thresholds for 25 meters (82 270 2,193 16 9 feet)2 Exceeds Threshold? No No No No D2 -D3 Pg 101 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 10 Notes: Demolition and Grading based on adherence to fugitive dust suppression requirements from SCAQMD Rule 403. 2The nearest sensitive receptors are offsite workers located 10 feet (3 meters) from the project site and single-family homes located 80 feet (24 meters) east of the project site. According to LST Methodology, any receptor located closer than 25 meters (82 feet) shall be based on the 25 meter thresholds. Source: Calculated from CalEEMod and SCAQMD's Mass Rate Look -up Tables for five acres in Air Monitoring Area 33, Southwestern San Bernardino Valley. (Table 0 - Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis prepared by Vista Environmental an April 12, 2017) 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 20.58 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_ I:Klffd N D2—D3 Pg 102 Less Than Significant Less Issues and Su ortin Information Sources: PP � Potentially Significant with Mitigation Than Significant No Impact Incorporated Impact Impact Notes: Demolition and Grading based on adherence to fugitive dust suppression requirements from SCAQMD Rule 403. 2The nearest sensitive receptors are offsite workers located 10 feet (3 meters) from the project site and single-family homes located 80 feet (24 meters) east of the project site. According to LST Methodology, any receptor located closer than 25 meters (82 feet) shall be based on the 25 meter thresholds. Source: Calculated from CalEEMod and SCAQMD's Mass Rate Look -up Tables for five acres in Air Monitoring Area 33, Southwestern San Bernardino Valley. (Table 0 - Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis prepared by Vista Environmental an April 12, 2017) 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 20.58 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_ I:Klffd N D2—D3 Pg 102 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 11 Rev 4-17 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 (Vista Environmental/April 12, 2017) as mitigation measures, short-term, construction impacts will be less -than -significant: 1) Utilize either a pad of washed gravel 50 feet long, 100 feet of paved surface, a wheel shaker, or a wheel washing device to remove material from vehicle tires and undercarriages before leaving project site. 2) Do not allow any track out of material to extend more than 25 feet onto a public roadway and remove all track out at the end of each workday. 3) Water all exposed areas on active sites at least three times per day and pre - water all areas prior to clearing and soil moving activities. 4) Apply nontoxic chemical stabilizers according to manufacturer specifications to all construction areas that will remain inactive for 10 days or longer. 5) Pre -water all material to be exported prior to loading, and either cover all loads or maintain at least 2 feet of freeboard in accordance with the requirements of California Vehicle Code Section 23114. 6) Replant all disturbed area as soon as practical. 7) Suspend all grading activities when wind speeds (including wind gusts) exceed 25 miles per hour. 8) Restrict traffic speeds on all unpaved roads 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 (FPE1R) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) D2 --D3 Pg 103 Less Than Significant Less Issues and Supporting Information Sources: PP 9 Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact Rev 4-17 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 (Vista Environmental/April 12, 2017) as mitigation measures, short-term, construction impacts will be less -than -significant: 1) Utilize either a pad of washed gravel 50 feet long, 100 feet of paved surface, a wheel shaker, or a wheel washing device to remove material from vehicle tires and undercarriages before leaving project site. 2) Do not allow any track out of material to extend more than 25 feet onto a public roadway and remove all track out at the end of each workday. 3) Water all exposed areas on active sites at least three times per day and pre - water all areas prior to clearing and soil moving activities. 4) Apply nontoxic chemical stabilizers according to manufacturer specifications to all construction areas that will remain inactive for 10 days or longer. 5) Pre -water all material to be exported prior to loading, and either cover all loads or maintain at least 2 feet of freeboard in accordance with the requirements of California Vehicle Code Section 23114. 6) Replant all disturbed area as soon as practical. 7) Suspend all grading activities when wind speeds (including wind gusts) exceed 25 miles per hour. 8) Restrict traffic speeds on all unpaved roads 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 (FPE1R) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) D2 --D3 Pg 103 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 12 Rev 4-17 estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.e and PMsa) 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: 9) 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. 10) 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) and the City. 11) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 12) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 13) All asphalt shall; meet or exceed performance standards noted in SCAQMD Rule 1108. 14) 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. 15) 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. D2—D3 Pg 104 Less Than Significant Less Issues and Supporting Information Sources: {- M g Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact Rev 4-17 estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.e and PMsa) 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: 9) 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. 10) 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) and the City. 11) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 12) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 13) All asphalt shall; meet or exceed performance standards noted in SCAQMD Rule 1108. 14) 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. 15) 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. D2—D3 Pg 104 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 13 Rev 4-17 • 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 slit 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. 16) 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 PMio emissions, in accordance with SCAQMD Rule 403. 17) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Protect Lonci 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 long-term, operational impacts will occur as a result of the project. Summary of Peak Operational Emissions Table P — O erational Regional Criteria Pollutant Emissions Less Than Activity VOC NOx CO Significant Less PM2.5 Issues and Supporting Information Sources: h'h' � Significant Signif ant With. Mitigation Than Significant No 0.0 Impact Incor orated Impact Impact Rev 4-17 • 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 slit 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. 16) 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 PMio emissions, in accordance with SCAQMD Rule 403. 17) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Protect Lonci 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 long-term, operational impacts will occur as a result of the project. Summary of Peak Operational Emissions Table P — O erational Regional Criteria Pollutant Emissions Pollutant Emissions (pounds/day) Activity VOC NOx CO SO2 PM10 PM2.5 Area Sourcesl 1.32 0.0 0.04 0.0 0.0 0.0 Energy Usage2 0.00 0.02 0.02 0.0 0.0 0.0 Mobile Sources3 2.66 35.74 35.46 0.16 8.36 2.33 Off -Road Equipment4 0.36 3.15 2.42 0.0 0.25 0.23 D2—D3 Pg105 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 14 Rev 4-17 Total Emissions 4.34 Less Than 37.94 0.16 8.61 2.56 Significant Less Issues and Supporting Information Sources, pp 9 potentially Significant with Mitigation Than Significant No 55 Impact )near orated Impact Impact Rev 4-17 Total Emissions 4.34 38.91 37.94 0.16 8.61 2.56 SCQAMD Operational 55 55 550 150 150 55 Thresholds Exceeds Threshold? No No No No No No Notes: 'Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment. ' Energy usage consist of emissions from natural gas usage (excluding hearths). Mobile sources consist of emissions from vehicles and road dust. '01T -road equipment consist of emissions from possible diesel forklifts utilized onsite. Source: Calculated from CalEEMod Version 2016.3.1. Table Q — Operations -Related Local Criteria Pollutant Emissions Pollutant Emissions (pounds/day) On -Site Emission Source NOx CO PM10 PM2.5 Area Sources 0.00 0.04 0.00 0.00 Energy Usage 0.02 0.02 0.00 0.00 Onsite Vehicle Emissions) 4.47 4.43 1.05 0.29 Off -Road E ui ment2 3.15 2.42 0.25 0.23 Total Emissions 7.64 6.91 1.3 0.52 SCAQMD Thresholds for 25 270 2,193 4 2 meters 62 feet)3 Exceeds Threshold? No No No No Notes: ' Onsite vehicle emissions based on i!8 of the gross vehicular emissions, which is the estimated portion of vehicle emissions occurring within a quarter mile of the project site. I Off-road equipment consists of emissions from possible diesel forklifts utilized onsite. 'The nearest sensitive receptors are offsite workers located 10 feet (3 meters) from the project site and single-family homes located 80 feet (24 meters) east of the project site. According to LST Methodology, any receptor located closer than 25 meters (82 feet) shall be based on the 25 meter thresholds.. Source: Calculated from CaIEEMod and SCAOMD's Mass Rale Look -up Tables for five acres in Air Monitoring Area 33, Southwestern San Bernardino Valley. 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. D2—D3 Pg 106 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 15 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: 18) Provide preferential parking to high occupancy vehicles and shuttle services. 19) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 20) Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 21) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 22) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 23) All industrial and commercial facilities shall designate preferential parking for vanpools. 24) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 25) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 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: 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 114 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within t/a mile of the following sensitive receptors: There are offsite workers to the north, east, south, and Rev 4-17 D2—D3 Pg 107 Less Than Significant Less and Supporting Information Sources: Potentially Signifcant N� Mitigation ThanIssues Significant No Impact Incorporated Impact Impact 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: 18) Provide preferential parking to high occupancy vehicles and shuttle services. 19) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 20) Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 21) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC -01 measure. 22) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 23) All industrial and commercial facilities shall designate preferential parking for vanpools. 24) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 25) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 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: 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 114 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within t/a mile of the following sensitive receptors: There are offsite workers to the north, east, south, and Rev 4-17 D2—D3 Pg 107 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 16 west of the project site. The nearest offsite sensitive receptors to the project site are single- family homes located as about 80 feet to the east of the project site. The Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis indicates that the project will create a less than significant impact for local criteria pollutants, CO Hotspots, and TAC construction and operational non -cancer impacts. However, the analysis states the project has a "Potentially significant impact for operational TAC cancer risk", and recommends the following mitigation measure to reduce the operational TAC cancer risk to less than significant levels: 26) The project applicant shall require that all off-road (non -street legal) diesel - powered equipment utilized onsite during operation of the proposed project such as forklifts, street sweepers, etc... shall be registered with CARE and labelled detailing that the equipment meets Tier 4 emissions standards, or the off-road equipment shall be powered by an alternative fuel (i.e., electric, natural gas, propane, hydrogen, etc...). Furthermore, during construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under subsection b above will reduce any potential impact to less -than -significant levels. 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 anticipated to warehouse operations. Odors from the proposed warehouse use would most likely be from activities such as truck traffic to and from the site; however, these odors would be minimal and not considered to be significant. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project. Less Than a) Have a substantial adverse effect, either directly or Significant Less Issues Supporting Information Sources: With Than and i"N g Significant Significant Mitigation Significant No local or regional plans, policies, or regulations, or by the Impact Incorporated Impact Impact west of the project site. The nearest offsite sensitive receptors to the project site are single- family homes located as about 80 feet to the east of the project site. The Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis indicates that the project will create a less than significant impact for local criteria pollutants, CO Hotspots, and TAC construction and operational non -cancer impacts. However, the analysis states the project has a "Potentially significant impact for operational TAC cancer risk", and recommends the following mitigation measure to reduce the operational TAC cancer risk to less than significant levels: 26) The project applicant shall require that all off-road (non -street legal) diesel - powered equipment utilized onsite during operation of the proposed project such as forklifts, street sweepers, etc... shall be registered with CARE and labelled detailing that the equipment meets Tier 4 emissions standards, or the off-road equipment shall be powered by an alternative fuel (i.e., electric, natural gas, propane, hydrogen, etc...). Furthermore, during construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under subsection b above will reduce any potential impact to less -than -significant levels. 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 anticipated to warehouse operations. Odors from the proposed warehouse use would most likely be from activities such as truck traffic to and from the site; 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 {) () {) (X) 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 (} (} O {X) 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? Rev 4-17 D2—D3 Pg 108 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 17 d) Interfere substantially with the movement of any native (} Less Than () ( ) resident or migratory fish or wildlife species or with Significant Less issues and Su Information Sources: Rally With Than ortin � SSignaignificant Mitigation Significant No sites? Impact Incur orated Impact Impact d) Interfere substantially with the movement of any native (} (X} () ( ) 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 (} (X} (} ( } biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat (} () (} (X} 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 industrial and nonconforming residential uses. The 11.82 -acre site is located at the northwest corner of the intersection of Etiwanda Avenue and the BNSF Railway. 6.12 -acres of the western portion of the site has been previously disrupted and is currently occupied by a materials recovery facility (MRF) and the remaining 5.7 -acres on the eastern portion of the site are currently vacant. The surrounding properties are characterized by the Goodman Logistics Center to the north, Bernell Hydraulics, Etiwanda Avenue and single-family homes to the east, rail -road tracks and Etiwanda Power Generating Station to the south, and an industrial Tamco Steel facility to the west. According to the General Plan Figure RC -4, and Section 4.4 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. A Habitat Suitability Evaluation was conducted on the project site by Ecological Sciences, Inc. (May 18, 2017). The evaluation found that the study area is:highly disturbed. The evaluation also found that, due to the absence of suitable habitat, no special -status plant species or special -status wildlife species are expected to occur. Rev 4-17 A Habitat Suitability Evaluation was conducted on the project site by Ecological Sciences, Inc. (May 18, 2017). The evaluation found the site is inhabited mostly by non-native plant species which included just a few scattered areas supporting foxtail chess (Bromus madritensis ssp. rubens), Russian thistle (Salsola tragus), black mustard (Brassica nigra), red -stemmed filaree (Erodium cicutarium), tocolote (Centaurea melitensis), Lamb's quarter's (Chenopodium album). Landscaping species included tree -of -heaven (Ailanthus altissima), palm (Phoenix and/or Syagrus sp.), jacaranda (Jacaranda sp.), as well as other cultivars. Common bird species were observed during the survey which included northern mockingbird (Mimes polyglottos), mourning dove (Zenaida macroura), European starling (Sturnus vulgaris), house sparrow (Carpodacus mexicanus), and house sparrow (Passer domesticus). No reptiles or mammals were observed. The report concluded that no special - status plant species or special -status wild -life species were detected on site during the reconnaissance survey and none are expected due to lack of suitable habitat. Additionally, according to the General Plan Figure RC -4, and Section 4.4 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources. Therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact D2 -D3 Pg 109 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 18 Rev 4-17 that the project is surroundedby urbanized land uses and is consistent with the General Plan Land Use Plan: Although no native habitat types are present, and no listed species are expected'to occur due to the absence of suitable habitat, the potential presence of special -status species (e.g., burrowing owl) may impose some degree of constraint to development depending upon the nature of both direct and indirect impact on these resources, as well as on the particular species and seasonal timing of construction activities. During permitting procedures, the following mitigation measures will further reduce potential project related impacts to sensitive biological resources to less 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 shal[ trot be disturbed unless a qualified Vologist 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 areiforaging 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 - 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. D2—D3 Pg 110 Less Than significant Less Issues and Supporting Information Sources: Potentially wIr Than PP 9 Significant MitigaV'on ` Significant No Impact incorporated Impact Impact Rev 4-17 that the project is surroundedby urbanized land uses and is consistent with the General Plan Land Use Plan: Although no native habitat types are present, and no listed species are expected'to occur due to the absence of suitable habitat, the potential presence of special -status species (e.g., burrowing owl) may impose some degree of constraint to development depending upon the nature of both direct and indirect impact on these resources, as well as on the particular species and seasonal timing of construction activities. During permitting procedures, the following mitigation measures will further reduce potential project related impacts to sensitive biological resources to less 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 shal[ trot be disturbed unless a qualified Vologist 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 areiforaging 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 - 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. D2—D3 Pg 110 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 19 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 andlor 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 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. 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. The project site is bordered by urban development including roads and industrial development and is not suitable as a wildlife movement corridor. Construction of the proposed project would not impact a wildlife corridor. Therefore, there would be no impact to migratory wildlife or corridors and no mitigation is required. The project site has the potential to impact active bird nests if vegetation is removed or ground disturbing activities occur during nesting. Impacts on nesting birds are prohibited by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC). With the implementation of the Mitigation Measure provided above, impacts on nesting birds would be less than significant. e) A Protected Tree Report was prepared by Evergreen Arborist Consultants, Inc. on April 5, 2017. The report analyzed the onsite trees in terms of species, size and health and determined the site contains a total of 32 trees. A total of 3 trees were determined to be "heritage trees" as defined in the City's Development Code. The report concluded that with the exception of 2 of the trees that were analyzed, which were determined not to be heritage trees, the remaining 32 would be removed as they are in conflict with the proposed onsite improvements. The City of Rancho Cucamonga's Development Code requires a Tree Removal Permit to be processed and approved for the removal of trees in conjunction with proposed development. The Development Code also requires heritage trees to be relocated to another location onsite as the preferred alternative to a replacement of the tree. Therefore, the following mitigation measure shall be required to maintain compliance with the local tree preservation ordinance and to reduce potential impacts to a less than significant level. Rev 4-17 D2—D3 Pg 111 Less Than Significant Less Issues and Su ortin Information Sources: �P � Potentially Significant With Mitigation Than Significant No Impact lncor orated Impact Im act 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 andlor 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 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. 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. The project site is bordered by urban development including roads and industrial development and is not suitable as a wildlife movement corridor. Construction of the proposed project would not impact a wildlife corridor. Therefore, there would be no impact to migratory wildlife or corridors and no mitigation is required. The project site has the potential to impact active bird nests if vegetation is removed or ground disturbing activities occur during nesting. Impacts on nesting birds are prohibited by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (CFGC). With the implementation of the Mitigation Measure provided above, impacts on nesting birds would be less than significant. e) A Protected Tree Report was prepared by Evergreen Arborist Consultants, Inc. on April 5, 2017. The report analyzed the onsite trees in terms of species, size and health and determined the site contains a total of 32 trees. A total of 3 trees were determined to be "heritage trees" as defined in the City's Development Code. The report concluded that with the exception of 2 of the trees that were analyzed, which were determined not to be heritage trees, the remaining 32 would be removed as they are in conflict with the proposed onsite improvements. The City of Rancho Cucamonga's Development Code requires a Tree Removal Permit to be processed and approved for the removal of trees in conjunction with proposed development. The Development Code also requires heritage trees to be relocated to another location onsite as the preferred alternative to a replacement of the tree. Therefore, the following mitigation measure shall be required to maintain compliance with the local tree preservation ordinance and to reduce potential impacts to a less than significant level. Rev 4-17 D2—D3 Pg 111 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 20 3) Prior to the approval of the landscape plan, the applicant shall submit to the Planning Department a written report by a landscape architect or licensed arborist that determines the feasibility of transplanting the 3 heritage trees. If the trees are determined to be transplantable, then the applicant shall relocate the trees onsite. However, if the 3 heritage trees are determined not to be relocatable, then the applicant shall replace the heritage trees onsite with the largest nursery -grown trees available. The species and location of the proposed replacement trees shall be reviewed and approved by the Planning Director. 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: Less Than a) Cause a substantial adverse change in the significance { } Significant Less {X) issues and Supporting Information Sources: Potentially With Than PP � Significant Mitigation Significant No of an archeological resource pursuant to § 15064.5? Impact Incorporated Impact Impact 3) Prior to the approval of the landscape plan, the applicant shall submit to the Planning Department a written report by a landscape architect or licensed arborist that determines the feasibility of transplanting the 3 heritage trees. If the trees are determined to be transplantable, then the applicant shall relocate the trees onsite. However, if the 3 heritage trees are determined not to be relocatable, then the applicant shall replace the heritage trees onsite with the largest nursery -grown trees available. The species and location of the proposed replacement trees shall be reviewed and approved by the Planning Director. 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 { } {) {) {X) of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance (} (X) {) { of an archeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological { } (X) () { } resource or site or unique geologic feature? d) Disturb any human remains, including those interred (} {) (} (X) outside of dedicated cemeteries? Comments: a) A Cultural Resource Assessment was prepared by BCRR Consulting, LLC, on May 12, 2017, that analyzed the potential impacts to cultural resources within the project site and its surroundings. The assessment identified adjacent to the south of the subject property a historic period Etiwanda (railway) Siding. According to the Assessment, "Although this resource appears to meet California Register Criterion 2 eligibility requirements (associated with important events), it lacks integrity sufficient to convey that significance. The lack of integrity renders the Etiwanda Siding not eligible for listing in the California Register, and is therefore recommended not significant under CEQA. No other cultural resources, including prehistoric or historic archaeological sites or historic -period buildings, were identified within the project site boundaries." Therefore, no impacts are anticipated. 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: Rev 4-17 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 D2—D3 Pg112 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 21 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 Baying 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: Rev 4-17 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth - disturbing activities elsewhere until the monitor has completed salvage. If D2—D3 Pg113 Less Than Significant Less Issues and Su ortin information Sources:Potentially With Than PP � Significant Mitigation significant No Impact Incorporated Impact Im act 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 Baying 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: Rev 4-17 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth - disturbing activities elsewhere until the monitor has completed salvage. If D2—D3 Pg113 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 22 construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project: Less Than a) Expose people or structures to potential substantial Significant Less Issues and Su ortin Information Sources: PP � Potentially Significant With Mitigation Than Significant Na death involving: Impact Incorporated Impact Impact construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as (} { (X} 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? (} (} (X} ( } iii) Seismic -related ground failure, including () (} (X} ( ) liquefaction? iv) Landslides? () (} () (X) b) Result in substantial soil erosion or the loss of topsoil? { {X} (} ( } C) Be located on a geologic unit or soil that is unstable, or () {X} () ( ) 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 ( ) (X) (} ( ) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Rev 4-17 D2 --D3 Pg114 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 23 e) Have soils incapable of adequately supporting the use Less Than of septic tanks or alternative wastewater disposal Significant Less Issues and Supporting Information Sources: PP � Potentially ant Significant with Mitigation Than Significant No disposal of wastewater? Impact Incorporated Impact Impact 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 4 miles north of the site, and the Cucamonga Fault Zone lies approximately 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 Mw7.5 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. Furthermore, because of the proximity of the site from known hillside areas within the City limits, it is unlikely that a landslide would impact the property. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less -than -significant levels: 1) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce Mo 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 PM�o emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 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 Rev 4-17 DZ—D3 Pg 115 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 24 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 a combination of Hanford Coarse Sandy Loam and Tujunga Loamy Sand soil associations according to General Plan FPEIR Exhibit 4.7-3. According to the Geotechnical Investigation prepared by Sladden Engineering on December 27, 2016, "Expansion Index testing of select samples was performed in order to evaluate expansive potential of the materials underlying the site. Based the results of our laboratory testing (EM), the materials underlying the site are considered to have a "very low" expansion potential. Therefore, risk of structural damage associated with volumetric changes in the underlying earth materials is considered "very low"." Therefore, impacts associated with this issue are expected to be less than significant with adherence to applicable local, regional, and/or State requirements; however, implementation of the following mitigation measure would further reduce the impacts to a less than significant level. 5) Prior to approval of final plans and specifications for the project, the City Engineer, or his/her designee, shall review the project plans to confirm that all recommendations in the Geotechnical Engineering Investigation, Proposed Industrial Development, Northwest Corner of Arrow Route and Juneberry Drive, Rancho Cucamonga, California (dated July 22, 2016, and prepared by NorCal Engineering) and in any future geotechnical reports have been fully and appropriately incorporated. These recommendations include, but are not limited to, the following geotechnical areas: • Site Grading • Shrinkage and Subsidence • Slab Design • Pavement Section Design + Utility Trench and Excavation Backfill • Foundation Design • Drainage • Corrosion Design Criteria • Expansive Soil • Settlement Analysis 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 Hanford Coarse Sandy Loam and Tujunga Loamy Sand soil associations association according to General Plan FPEIR Exhibit 4.7-3. According to the Geotechnical Investigation prepared by Sladden Engineering on December 27, 2016, "Expansion Index testing of select samples was performed in order to evaluate expansive potential of the materials underlying the site. Based the results of our laboratory testing (EI=3), the materials underlying the site are considered to have a "very low" expansion potential. Therefore, risk of structural damage associated with volumetric changes in the underlying earth materials Rev 4-17 D2—D3 Pg 116 Less Than Significant Less Issues and Su ortin Information Sources: pp � Potent ally Significant tNth Mifigation Than Slgniflcant No Impact Incorporated Impact Impact 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 a combination of Hanford Coarse Sandy Loam and Tujunga Loamy Sand soil associations according to General Plan FPEIR Exhibit 4.7-3. According to the Geotechnical Investigation prepared by Sladden Engineering on December 27, 2016, "Expansion Index testing of select samples was performed in order to evaluate expansive potential of the materials underlying the site. Based the results of our laboratory testing (EM), the materials underlying the site are considered to have a "very low" expansion potential. Therefore, risk of structural damage associated with volumetric changes in the underlying earth materials is considered "very low"." Therefore, impacts associated with this issue are expected to be less than significant with adherence to applicable local, regional, and/or State requirements; however, implementation of the following mitigation measure would further reduce the impacts to a less than significant level. 5) Prior to approval of final plans and specifications for the project, the City Engineer, or his/her designee, shall review the project plans to confirm that all recommendations in the Geotechnical Engineering Investigation, Proposed Industrial Development, Northwest Corner of Arrow Route and Juneberry Drive, Rancho Cucamonga, California (dated July 22, 2016, and prepared by NorCal Engineering) and in any future geotechnical reports have been fully and appropriately incorporated. These recommendations include, but are not limited to, the following geotechnical areas: • Site Grading • Shrinkage and Subsidence • Slab Design • Pavement Section Design + Utility Trench and Excavation Backfill • Foundation Design • Drainage • Corrosion Design Criteria • Expansive Soil • Settlement Analysis 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 Hanford Coarse Sandy Loam and Tujunga Loamy Sand soil associations association according to General Plan FPEIR Exhibit 4.7-3. According to the Geotechnical Investigation prepared by Sladden Engineering on December 27, 2016, "Expansion Index testing of select samples was performed in order to evaluate expansive potential of the materials underlying the site. Based the results of our laboratory testing (EI=3), the materials underlying the site are considered to have a "very low" expansion potential. Therefore, risk of structural damage associated with volumetric changes in the underlying earth materials Rev 4-17 D2—D3 Pg 116 initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 25 is considered "very low"." Therefore, impacts associated with this issue are expected to be less than significant with adherence to applicable local, regional, aridlor State requirements; however, implementation of the mitigation measure provided above would further reduce the impacts to a less than significant level. e) The projectwill connectto, and be served by, the existing local sewersystem forwastewater disposal. No septic tanks or alternative wastewater disposal is proposed. No impacts are anticipated. 7. GREENHOUSE GAS EMISSIONS. Would the Less Than project. SigrAcanl Less Issues and Su portin Information Sources: �� Signa Tally lgnifieanl With Mitigation Than Significant No indirectly, that may have a significant impact on the Impact Incorporated Impact Im act is considered "very low"." Therefore, impacts associated with this issue are expected to be less than significant with adherence to applicable local, regional, aridlor State requirements; however, implementation of the mitigation measure provided above would further reduce the impacts to a less than significant level. e) The projectwill connectto, and be served by, the existing local sewersystem forwastewater disposal. No septic tanks or alternative wastewater disposal is proposed. No 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 } (X) () ( } 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 (N20), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)). The combined emissions of these well -mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. Rev 4-17 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 D2—D3 Pg 117 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 26 Rev 4-17 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 ruiemaking). 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 PM,o, 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 S02 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PM1o, and PM2.5 levels all exceed State and Federal standards regularly. Proiect 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 staff's 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 (Vista Environmental/April 12, 2107), total project related emissions would be 2,816.12 MTCO2eq/year, as shown in the following table: Table T — Proposed Project Greenhouse Gas Annual Emissions Less Than Greenhouse Gas Emissions Metric Tons per Year Category CO2 CH4 Significant Less Area Sourcesi and Supporting Information Sources: �� 9 PoteIssues Significantlly Slgnificanl With Mifigafion Than Significant No Impact Incorporated Impact Impact Rev 4-17 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 ruiemaking). 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 PM,o, 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 S02 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PM1o, and PM2.5 levels all exceed State and Federal standards regularly. Proiect 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 staff's 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 (Vista Environmental/April 12, 2107), total project related emissions would be 2,816.12 MTCO2eq/year, as shown in the following table: Table T — Proposed Project Greenhouse Gas Annual Emissions Greenhouse Gas Emissions Metric Tons per Year Category CO2 CH4 N20 CO2e Area Sourcesi 0.01 0 0 0.01 D2 --D3 Pg 118 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 27 Il:llair7 Energy Usa e2 Less Than 0 0 68.86 Mobile Sources3 Slgniftanl Less 0.14 Issues and Supporting Information Sources. PP 9 PotentiallygnifSignificant Significant With Miliga5an Than Significant 110 0.01 Impact Incorporated Impact Impact Il:llair7 Energy Usa e2 68.61 0 0 68.86 Mobile Sources3 2,618.21 0.14 0 2,621.75 Off -Road E ui menta 36.27 0.01 0 36.56 Solid Wastes 5.4 0.32 0 13.37 Water and Wastewatee 49.3 0.36 0.01 60.99 Construction 14.51 1 0 0 14.58 Total Emissions 2,792.31 0.83 0.01 2,816.12 SCAQMD Draft Threshold of Significance 3,000 Notes: Area sources consist of GHG emissions from consumer products, architectural coatings, and landscaping equipment. z Energy usage consists of GHG emissions from electricity and natural gas usage. a Mobile sources consist of GHG emissions from vehicles. a Off-road equipment consist of GHG emissions from potential diesel forklifts operated onsite. 8 Waste includes the CO2 and CH4emissions created from the solid waste placed in landfills. e Water includes GHG emissions from electricity used for transport of water and processing of wastewater. 7Construction emissions amortized over 30 years as recommended In the SCAQMD GHG Working Group on November 19, 2009. Source: CaIEEMod Version 2016.3.1. 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, Cha, and N20. CH4 is emitted during the fueling of heavy equipment. Based on the Greenhouse Gas Analysis (Vista Environmental/April 12, 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 D2—D3 Pg 119 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 28 Rev 4-17 actions, which are Included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 't) 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 manufacturer's 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 lona 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 healing, 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 demolition of. 5,625 square feet of existing building space, grading of the project site, building construction of a 56,560 square foot warehouse facility, paving of a 329 -space parking lot, and application of architectural coatings 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 BO percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping, shade trees, walkways that provide accessibility to public sidewalks and employee outdoor eating areas to help encourage employees to stay onsite during lunch hours. The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARE Scoping Plan mandated under AB 32. The proposed project will incorporate several design features including: water efficient landscaping, shade trees, walkways that provide 132-133 Pg 120 Less Than sigNficanl Less Issues and Su Information Sources: PA :iotting Po«^�nt Significzn! With lupUgapon Than Significant nio Impact Iflearporaled Impact Imaael Rev 4-17 actions, which are Included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 't) 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 manufacturer's 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 lona 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 healing, 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 demolition of. 5,625 square feet of existing building space, grading of the project site, building construction of a 56,560 square foot warehouse facility, paving of a 329 -space parking lot, and application of architectural coatings 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 BO percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping, shade trees, walkways that provide accessibility to public sidewalks and employee outdoor eating areas to help encourage employees to stay onsite during lunch hours. The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the CARE Scoping Plan mandated under AB 32. The proposed project will incorporate several design features including: water efficient landscaping, shade trees, walkways that provide 132-133 Pg 120 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 29 Rev 4-17 accessibility to public sidewalks and an employee outdoor eating area to help encourage employees to stay onsite during lunch hours. 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 (Vista Environmental/April 12, 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 Genera[ 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 light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Instal[ 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). D2—D3. Pg 121 Less Than Significant Less Issues and Supportin Information Sources: - � Potentially Significant With MitlgaVbn Than Significant Ho Impact . Incorporated tm act Im act Rev 4-17 accessibility to public sidewalks and an employee outdoor eating area to help encourage employees to stay onsite during lunch hours. 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 (Vista Environmental/April 12, 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 Genera[ 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 light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Instal[ 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). D2—D3. Pg 121 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 30 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. 11) The project applicant shall install a rooftop solar photovoltaic (PV) system onto the proposed warehouse that is of adequate size to provide a minimum of 5 percent of electricity utilized by the proposed warehouse. 12) The project applicant shall implement feasible CalGreen water reduction standards that include the installation of water efficient or low -flow appliances and plumbing fixtures. 13) The project applicant shall require that both trash bins and recycling bins are provided within all trash enclosures and shall contract with a refuse company that is capable of processing recycled material. 14) The project applicant shall require that the landscape plan for the proposed project be designed to utilize only drought tolerant plants with no turf and that specifies installation of smart -irrigation system that utilizes rain sensors and low -flow irrigation systems. b) The project involves the development of 56,560 square foot warehouse facility, which is consistent with the General Plan. Rev 4-17 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 Pian. 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 (Vista Environmental/April 12, 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 D2—D3 Pg 122 Less Than Significant Less Issues and Su ortin Information Sources: pp g Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact 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. 11) The project applicant shall install a rooftop solar photovoltaic (PV) system onto the proposed warehouse that is of adequate size to provide a minimum of 5 percent of electricity utilized by the proposed warehouse. 12) The project applicant shall implement feasible CalGreen water reduction standards that include the installation of water efficient or low -flow appliances and plumbing fixtures. 13) The project applicant shall require that both trash bins and recycling bins are provided within all trash enclosures and shall contract with a refuse company that is capable of processing recycled material. 14) The project applicant shall require that the landscape plan for the proposed project be designed to utilize only drought tolerant plants with no turf and that specifies installation of smart -irrigation system that utilizes rain sensors and low -flow irrigation systems. b) The project involves the development of 56,560 square foot warehouse facility, which is consistent with the General Plan. Rev 4-17 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 Pian. 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 (Vista Environmental/April 12, 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 D2—D3 Pg 122 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 31 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 Less Than project: O Significant Less (X) and Supporting Information Sources: Potentially Significant Kth Miggation ThanIssues Significant No environment through the routine transport, use, or Impact Incorporated_ Impact impact 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: O O O (X) 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 O O O (X) 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 () () () (X) acutely hazardous materials, substances, or waste within 114 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (X) 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, () () () (X) 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, O O O (X) 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 O O O (X) adopted. emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, () () () (X) 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 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 Rev 4-17 D2—D3 Pg123 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 32 regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less -than -significant. The proposed industrial buildings are to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding uses. 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. The proposed industrial buildings are to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding uses. The redevelopment of the site will require the developer to comply with SCAQMD Rule 1403, CAL -OSHA regulations for asbestos and lead abatement and other State and Federal regulations prior to their redevelopment and reuse of the site. No adverse impacts are anticipated. c) There are no schools located within 114 mile of the project site. The project site is located 1.35 miles to the south of the nearest existing school, Perdew Elementary School, located at 13051 Miller Avenue. The proposed building will be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools. 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. A Phase 1 of Environmental Site Assessment was conducted by Professional Service Industries, Inc. (PSI) on September 29, 2016, which indicated that the site previously contained underground storage tanks (UST), which consisted of one 9,940 - gallon diesel UST that was installed in 1980, one 555 -gallon regular gasoline UST that was installed in 1972 and one 1,000 -gallon unleaded gasoline UST that was installed in 1972. An addendum to the Phase 1 Environmental Site Assessment was complete on October 31, 2016, which consisted of a file review at the San Bernardino County Fire Department. According to the addendum, "The files revealed that the underground storage tanks were removed from the subject property and received regulatory closure in 1988 (Closure letter attached). Based on regulatory closure of the USTs, PSI recommends no further assessment". 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 4 miles northeasterly 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 2 112 miles to the west of the City's westerly limits. No impact is anticipated. Rev 4-17 D2—D3 Pg 124 Less Than Significant Less Issues and Supporting ortin Information Sources: I-' Potentially Significant wit, Mitigation than Significant No Impact Incorporated Impact Impact regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less -than -significant. The proposed industrial buildings are to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding uses. 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. The proposed industrial buildings are to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding uses. The redevelopment of the site will require the developer to comply with SCAQMD Rule 1403, CAL -OSHA regulations for asbestos and lead abatement and other State and Federal regulations prior to their redevelopment and reuse of the site. No adverse impacts are anticipated. c) There are no schools located within 114 mile of the project site. The project site is located 1.35 miles to the south of the nearest existing school, Perdew Elementary School, located at 13051 Miller Avenue. The proposed building will be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools. 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. A Phase 1 of Environmental Site Assessment was conducted by Professional Service Industries, Inc. (PSI) on September 29, 2016, which indicated that the site previously contained underground storage tanks (UST), which consisted of one 9,940 - gallon diesel UST that was installed in 1980, one 555 -gallon regular gasoline UST that was installed in 1972 and one 1,000 -gallon unleaded gasoline UST that was installed in 1972. An addendum to the Phase 1 Environmental Site Assessment was complete on October 31, 2016, which consisted of a file review at the San Bernardino County Fire Department. According to the addendum, "The files revealed that the underground storage tanks were removed from the subject property and received regulatory closure in 1988 (Closure letter attached). Based on regulatory closure of the USTs, PSI recommends no further assessment". 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 4 miles northeasterly 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 2 112 miles to the west of the City's westerly limits. No impact is anticipated. Rev 4-17 D2—D3 Pg 124 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 33 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 impact anticipated. 9. HYDROLOGY AND WATER QUALITY. Would the Less Than project: {) Signiftant Less ( } Issues Supporting Information Sources: Pvnificant With Than and pp � Significant Mitigation Significant No b) Substantially deplete groundwater supplies or interfere Impact Incorporated Impact Impact 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 impact anticipated. 9. HYDROLOGY AND WATER QUALITY. Would the project: {) (X) () ( } a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere {) () () (X) 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 {) () {X) ( ) 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 {) () () (X) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? O (X) {) ( ) g) Place housing within a 100 -year flood hazard area as () () () {X) 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 () () () (X) that would impede or redirect flood flows? Rev 4-17 D2 --D3 Pg 125 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 34 1) Expose people or structures to a significant risk of loss, () (} {) (X) injury or death involving flooding, including flooding as a result of the failure of a levee or dam? D Inundation by seiche, tsunami, or mudflow? () () (} (X) 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 4-17 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 Pian (WQMP) for post -construction operational management of storm water runoff. The applicant has submitted a preliminary WQMP, prepared by Joseph E. Bonadiman and Associates/September 13, 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: D2 --D3 Pg 126 Less Than Significant Less Issues and Supporting Information Sources: PiJ 9 Potentially SigniScant Miliga6on igau Than Significant No Impact Incorporated Impact Impact 1) Expose people or structures to a significant risk of loss, () (} {) (X) injury or death involving flooding, including flooding as a result of the failure of a levee or dam? D Inundation by seiche, tsunami, or mudflow? () () (} (X) 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 4-17 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 Pian (WQMP) for post -construction operational management of storm water runoff. The applicant has submitted a preliminary WQMP, prepared by Joseph E. Bonadiman and Associates/September 13, 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: D2 --D3 Pg 126 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 35 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 (NO[) 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: Rev 4-17 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 D2 --D3 Pg127 Less Than Significant Less Issues and Su ortin Information Sources: pp � potentially Significant With Mitigation Than Significant No Impact Incor oratad Impact impact 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 (NO[) 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: Rev 4-17 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 D2 --D3 Pg127 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 36 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 Pian 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), less than significant impacts are anticipated. Rev 4-17 S) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Joseph E. Bonadiman and Associates on D2—D3 Pg 128 Less Than Significant Less Supp Issues and SupportiRh Information Sources. YY y Potentially Significant With Mitigation Than Significant Na Impact Incorporated Impact Impact 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 Pian 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), less than significant impacts are anticipated. Rev 4-17 S) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Joseph E. Bonadiman and Associates on D2—D3 Pg 128 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 37 September 13, 2017 to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g) No housing units are proposed with this project. No adverse impacts are expected. h) The project site is not located within a 100 -year flood hazard area according to General Plan Figure PS -5. No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to 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 mudfiow 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 (} (X} b) Conflict with any applicable land use plan, policy, or Significant Less (X} Issues and Supporting Information Sources: PotentiAy Significant W,th Mitigation Than Significant No (including, but not limited to, a general plan, specific Impact Incorporated Impact Im act September 13, 2017 to reduce construction pollutants from entering the storm drain system to the maximum extent practical. g) No housing units are proposed with this project. No adverse impacts are expected. h) The project site is not located within a 100 -year flood hazard area according to General Plan Figure PS -5. No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to 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 mudfiow 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? (} {) (} (X} b) Conflict with any applicable land use plan, policy, or (X} 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 (} {) (} N or natural community conservation plan? Comments: a) The site is located at the northwest corner of the intersection of Etiwanda Avenue and the BNSF Railway and is characterized by the Goodman Logistics Center to the north, Bernell Hydraulics, Etiwanda Avenue and single-family homes to the east, rail -road tracks and Etiwanda Power Generating Station to the south, and an industrial Tamco Steel facility to the west. The proposed industrial warehouse project does not include the construction of public roads, structures, or other improvements that would physically divide or separate neighborhoods within the established community. The proposed project would be located on a site in an urban area surrounded by a majority of developments with similar uses. The proposed project would generally blend in with the mix of surrounding uses and would not physically divide an established community. Therefore, no impacts would occur and no mitigation is required. Rev 4-'17 D2—D3 Pg 129 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 38 b) The project site land use designation is Heavy Industrial. 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 Rancho Cucamonga Development Code allows for warehousing and office operations as a permitted use within the Heavy Industrial (HI) District. Furthermore, the proposed project is designed to be compliant with all of the required development standards set forth by the Development Code for projects within the Heavy Industrial (HI) Districts. 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 f 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. No impacts are anticipated. 11. MINERAL RESOURCES. Would the project: Less Than a) Result in the loss of availability of a known mineral () Significant Less (X) Issues and Supporting Information Sources: PP 9 Significant a Y Significant With Mitigation Than Significant No residents of the State? Impact Incorporated Impact Impact b) The project site land use designation is Heavy Industrial. 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 Rancho Cucamonga Development Code allows for warehousing and office operations as a permitted use within the Heavy Industrial (HI) District. Furthermore, the proposed project is designed to be compliant with all of the required development standards set forth by the Development Code for projects within the Heavy Industrial (HI) Districts. 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 f 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. No impacts are anticipated. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () () () (X) 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 O O O (X) mineral resource recovery site delineated on a local () () (x) { ) 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 {) (X) O ( ) 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 () () (x) { ) ground borne vibration or ground borne noise levels? C) A substantial permanent increase in ambient noise () () (X) ( ) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient () (X) () ( ) noise levels in the project vicinity above levels existing without the project? Rev 4-17 D2—D3 Pg 130 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 39 e) For a project located within an airport land use plan or, {) Less Than {) (X) where such a plan has not been adopted, within 2 miles Distance2 Significant Less (feet) Issues and Supporting Information Sources, Potentially With Than PP g Significant Mitigation Significant Na excessive noise levels? Impact Incorporated Impact Impact e) For a project located within an airport land use plan or, {) () {) (X) where such a plan has not been adopted, within 2 miles Distance2 Noise Phase (feet) of a public airport or public use airport, would the project (feet) Level expose people residing or working in the project area to (dBA) Demolition 110 excessive noise levels? 2 7 Grading _ _ _-_ 1110 --- f) For a project within the vicinity of a private airstrip, LL 2 6 Building Construction 160 would the project expose people residing or working in 6 6 Paving _ - -- 110 - -160. _... _ the project area to excessive noise levels? 2 6 Painting Comments: a) The project site is not within an area of noise levels exceeding City standards according to General Plan Figure PS -9. A Noise Impact Analysis (NIA) was prepared by Vista Environmental on April 14, 2017, which analyzed the potential noise impacts that would be generated by the project, According to the NIA, construction activities for the proposed project are anticipated to include demolition of 5,625 square feet of existing building space, grading of the project site, building construction of a 56,560 square foot warehouse facility, paving of a 329 -space parking lot, and application of architectural coatings. Per Table F shown below, during the construction phase of the project, anticipated noise levels will not exceed 69 dBA. Per Section 17.66.050(D)(4)(b), the maximum noise level for the subject site is 70 dBA. Rev 4-17 Table F - Worst -Case Construction Noise Levels at Nearest Receptors Notes: 7 The distance to the nearest property line is based on where each phase would occur onsite plus 100 feet to account for the average nearest distance where off --road equipment would operate. 8 dB of attenuation was provided to account for the approximately 8 -foot - high wall that surrounds the Bernell Hydraulics site. 2 The distance to the nearest homes is based on where each construction phase would occur onsite plus 200 feet to account for the average nearest distance where off-road equipment would operate. Source: RCNM, Federal Highway Administration, 2006. During the operational phase of the project, the combined noise level at the nearest homes would be 48 dBA and 68 dBA at the nearest industrial uses, which are based on the worst- case scenario of the simultaneous occurrence of all noise producing activities. Table G shows that the combined noise levels for each nearby land use would be within the City noise standards for each land use. 'fable G - Operational Noise Levels at the Nearby Sensitive Receptors D2-133 Pg131 Nearest Property Line Nearest Home Construction Distance Noise Distance2 Noise Phase (feet) Level (feet) Level (d BA) (dBA) Demolition 110 69 2 7 Grading _ _ _-_ 1110 --- 67 LL 2 6 Building Construction 160 - 64 6 6 Paving _ - -- 110 - -160. _... _ - -- 63 - 2 6 Painting - - I _---- 56 .2. - ---- 4-- - City Construction Noise Thresholds 70 70 Notes: 7 The distance to the nearest property line is based on where each phase would occur onsite plus 100 feet to account for the average nearest distance where off --road equipment would operate. 8 dB of attenuation was provided to account for the approximately 8 -foot - high wall that surrounds the Bernell Hydraulics site. 2 The distance to the nearest homes is based on where each construction phase would occur onsite plus 200 feet to account for the average nearest distance where off-road equipment would operate. Source: RCNM, Federal Highway Administration, 2006. During the operational phase of the project, the combined noise level at the nearest homes would be 48 dBA and 68 dBA at the nearest industrial uses, which are based on the worst- case scenario of the simultaneous occurrence of all noise producing activities. Table G shows that the combined noise levels for each nearby land use would be within the City noise standards for each land use. 'fable G - Operational Noise Levels at the Nearby Sensitive Receptors D2-133 Pg131 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 40 Reference Noise Project Noise Levels (dBA Leq) Noise Source Measurements Distance - Less Than Nearest Nearest Z Receptor to Significant Less Industrial Issues and Supporting Information Sources: pp 9 Potentiallyignifnt Significant With Mitigation Than Significant No Rooftop Impact Incorporated Impact impact Reference Noise Project Noise Levels (dBA Leq) Noise Source Measurements Combined Noise Levels 48 68 City Noise Standards 65 85 Exceed City Standards? No No Notes: 1 The nearest homes to the project site are located on the east side of Etiwanda Avenue and as near as 60 feet east of the project site. (460 feet from Rooftop equipment, 170 feet from parking lot, and 500 feet from truck loading and forklift activities) 2 The nearest industrial uses are located adjacent to the east, west and north sides of the project site.60 feet from Rooftop e7' 10 feet from parking lot, 90 feet from truck loading and �5 feet from forklift activities) Source: Noise calculation methodology from Caltrans, 2009 for a point source and hard site conditions. Based on Tables F and G above, the project would not expose persons to noise levels in excess of standards established in the local general plan or noise ordinance. The following mitigation measures listed below are being provided to further reduce noise levels below less -than -significant levels: 1) Prior to the issuance of any grading plans a construction -related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level of 85dB or less at the property lines and 65 dB at the nearest residential property line. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. in a manner which would cause a noise disturbance to residential areas. b) The proposed project involves construction activities for the proposed project, which include demolition of 5,625 square feet of existing building space, grading of the project site, building construction of a 56,560 square foot warehouse facility, .paving of a 329 -space parking lot, and application of architectural coatings. The proposal also includes the operation of a 56,560 square foot trucking warehouse facility that will result in the operation of semi -trucks on the project site. Both the construction and operational phases may create vibration -related impacts. The Noise Impact Analysis (NIA) includes a discussion of the potential vibration -related impacts created by the project. Rev 4-17 D2 --D3 Pg132 Distance - Noise I Nearest Nearest Z Receptor to Level Homes Industrial Source (feet) (dBA Rooftop 1 66.6 33 51 Parking Lot 5 60.7 30 55 Truck Loading 5 67.4 47 62 Forklift 1 74.4 40 66 Combined Noise Levels 48 68 City Noise Standards 65 85 Exceed City Standards? No No Notes: 1 The nearest homes to the project site are located on the east side of Etiwanda Avenue and as near as 60 feet east of the project site. (460 feet from Rooftop equipment, 170 feet from parking lot, and 500 feet from truck loading and forklift activities) 2 The nearest industrial uses are located adjacent to the east, west and north sides of the project site.60 feet from Rooftop e7' 10 feet from parking lot, 90 feet from truck loading and �5 feet from forklift activities) Source: Noise calculation methodology from Caltrans, 2009 for a point source and hard site conditions. Based on Tables F and G above, the project would not expose persons to noise levels in excess of standards established in the local general plan or noise ordinance. The following mitigation measures listed below are being provided to further reduce noise levels below less -than -significant levels: 1) Prior to the issuance of any grading plans a construction -related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level of 85dB or less at the property lines and 65 dB at the nearest residential property line. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. in a manner which would cause a noise disturbance to residential areas. b) The proposed project involves construction activities for the proposed project, which include demolition of 5,625 square feet of existing building space, grading of the project site, building construction of a 56,560 square foot warehouse facility, .paving of a 329 -space parking lot, and application of architectural coatings. The proposal also includes the operation of a 56,560 square foot trucking warehouse facility that will result in the operation of semi -trucks on the project site. Both the construction and operational phases may create vibration -related impacts. The Noise Impact Analysis (NIA) includes a discussion of the potential vibration -related impacts created by the project. Rev 4-17 D2 --D3 Pg132 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 41 According to the NIA, "the primary source of vibration during construction would be from the operation of a bulldozer. Table E provided in the analysis indicates a large bulldozer would create a vibration level of 0.089 inch per second PPV at 25 feet. Based on typical propagation rates, the vibration level at the nearest off-site office space and home (80 feet away) would be 0.03 inch per second PPV. Caltrans research found that human response to transient sources becomes distinctly perceptible at 0.25 inch per second PPV. Construction activities associated with the proposed project would be below the distinctly perceptible levels of vibration at the nearby sensitive receptors." Therefore, vibration impacts created during construction would be less than significant. From an operational standpoint, the proposed project would result in the operation of semi - trucks on the project site, which is a known source of vibration. Per the NIA, "Caltrans has done extensive research on vibrationL level created along freeways and State Routes and their vibration measurements of roads have never exceeded 0.08 inches per second PPV at 15 feet from the center of the nearest lane, with the worst combinations of heavy trucks. Truck activities would occur onsite as near as 80 feet from the nearest off-site office space and home. Based on typical propagation rates, the vibration level at the nearest offsite worker and home would by 0.01 inch per second PPV. Caltrans research found that human response to transient sources becomes distinctly perceptible at 0.25 inch per second PPV." Therefore, vibration generated from operation of the proposed project would be below the threshold of perception at the nearest adjacent property, and impacts would 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. Therefore, this impact will be less than significant. d) The General Plan FPE1R (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: Rev 4-17 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, 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. 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 D2—D3 Pg 133 Less Than Significant Less Issues and Su ortin Information Sources: Potentially With Than PP � SigniScant MitEgafion Significant No Impact Incorporated Impact Impact According to the NIA, "the primary source of vibration during construction would be from the operation of a bulldozer. Table E provided in the analysis indicates a large bulldozer would create a vibration level of 0.089 inch per second PPV at 25 feet. Based on typical propagation rates, the vibration level at the nearest off-site office space and home (80 feet away) would be 0.03 inch per second PPV. Caltrans research found that human response to transient sources becomes distinctly perceptible at 0.25 inch per second PPV. Construction activities associated with the proposed project would be below the distinctly perceptible levels of vibration at the nearby sensitive receptors." Therefore, vibration impacts created during construction would be less than significant. From an operational standpoint, the proposed project would result in the operation of semi - trucks on the project site, which is a known source of vibration. Per the NIA, "Caltrans has done extensive research on vibrationL level created along freeways and State Routes and their vibration measurements of roads have never exceeded 0.08 inches per second PPV at 15 feet from the center of the nearest lane, with the worst combinations of heavy trucks. Truck activities would occur onsite as near as 80 feet from the nearest off-site office space and home. Based on typical propagation rates, the vibration level at the nearest offsite worker and home would by 0.01 inch per second PPV. Caltrans research found that human response to transient sources becomes distinctly perceptible at 0.25 inch per second PPV." Therefore, vibration generated from operation of the proposed project would be below the threshold of perception at the nearest adjacent property, and impacts would 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. Therefore, this impact will be less than significant. d) The General Plan FPE1R (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: Rev 4-17 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, 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. 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 D2—D3 Pg 133 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 42 required to reduce the periodic ambient noise levels created by the project to a level of less than significant: 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 7:00 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 4 miles northeasterly 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 2 112 miles to the west of the City's westerly limits. No impact is anticipated. 13. POPULATION AND HOUSING. Would the project: Less Than a) Induce substantial population growth in an area, either Significant Less Issues and Supporting Information Sources: pp g a7 Pignifi apt Significant With Mitigation Than Significant No businesses) or indirectly (for example, through Impact Incorporated Impact Impact required to reduce the periodic ambient noise levels created by the project to a level of less than significant: 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 7:00 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 4 miles northeasterly 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 2 112 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, (X} necessitating the construction of replacement housing elsewhere? C) Displace substantial numbers of people, necessitating M the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed industrial area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No significant impacts are anticipated. b) The project site is developed with a materials recovery facility which will be removed for the construction of the project and there are no housing units on the property. No impacts are anticipated. C) The project site is developed with a materials recovery facility which will be removed for the construction of the project and there are no housing units on the property. No impacts are anticipated. Rev 4-17 D2 --D3 Pg134 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 43 14. PUBLIC SERVICES. Would the project result in Less Than substantial adverse physical impactsassociated with the Significant Lass Issues and Supporting Information Sources: Potentially watt Than Nt' 7 ant Significant Mitigation Significant No construction of which could cause significant environmental Impart Incorporated Impact Impact 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impactsassociated 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? O {) (X) ( ) b) Police protection? {) {) {X) ( ) C) Schools? () {) {x) ( ) d) Parks? O O {) (X) e) Other public facilities? (X) Comments: a) The site, located at the northwest corner of the intersection of Etiwanda Avenue and the BNSF Railway would be served by the Fire Station #174 located approximately 1.9 miles westerly from the project site at 11297 Jersey Boulevard. 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. A less than significant impact is anticipated. b) The proposed project would generate new employment opportunities; however, the new jobs that would be created by the proposed project would not induce substantial population growth because most of the new jobs would likely be filled by residents of the City and surrounding area. Although the proposed project would not substantially increase the population in the City, it would increase demand for police protection services. Typical operational police protection services involved with industrial warehouse uses include after- hours patrol. The proposed project would not require the construction of new or expanded police protection facilities.. However, the proposed project would be designed and operated per applicable standards required by the City and the RCPD for new development in regards to public safety; this includes project compliance with Chapter 3.84, Police Impact Fee, of the City's Municipal Code, which requires a City Police Impact Fee that funds new facilities, vehicles, and equipment. Additionally, the project would include uniform site lighting to increase security throughout the pedestrian and automobile parking areas as well as in the secured truck yards. Therefore, no significant impacts to the environment related to the construction of police protect protection facilities would result with implementation of the project and no mitigation is required. 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. Impacts to schools would` be less than significant and no mitigation is required. Rev 4-17 D2—D3 Pg 135 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 44 d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Garcia Park, is located 1.1 miles to the north of the project site at 13150 Garcia Drive. 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. 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 Pian FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions the increase in Library Services would be mitigated to less than significant impact. Additionally, the 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: Less Than a) Increase the use of existing neighborhood and regional Significant Less M Issues and Supporting Information Sources: pp g Pignifi anLally Significant With Mitigation Than Significant No substantial physical deterioration of the facility would Impact Incorporated Impact Impact d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park, Garcia Park, is located 1.1 miles to the north of the project site at 13150 Garcia Drive. 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. 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 Pian FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions the increase in Library Services would be mitigated to less than significant impact. Additionally, the 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 M 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 () {) () M 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, Garcia Park, is located 1.1 miles to the north of the project site at 13150 Garcia Drive. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. No impacts are anticipated. b) See a) response above. Rev 4-17 D2—D3 Pg 136 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 45 16. TRANSPORTATIONITRAFFIC. Would the project: Less Than a) Conflict with an applicable plan, ordinance or policy O Signifcant Less (x) Issues and Supporting Information Sources: t'F' 7 Potentially Significant With Mitigation Than Significant No performance of the circulation system, taking into Impact Incorporated Impact Impact 16. TRANSPORTATIONITRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy O O O (x) 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 O O {) (x) program, including, but not limited to a level of`service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature () () (} {X) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? O {) O {x) f) Conflict with adopted policies, plans, or programs O O O (x) regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Comments: a) The proposed project consists of redeveloping the approximately 12.82 acre site with a new truck terminal and warehousing facility. The warehouse building is proposed to be 46,560 square feet and an adjoining office building is proposed to be 10,000 square feet. A Traffic Impact Analysis (Kunzman Associates, inc.; July 15, 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 warehouse 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 847 net new daily trips in passenger car equivalents with 125 net new passenger car equivalent trips of which will occur during the morning peak hour and 132 net new passenger car equivalent trips of which will occur during the evening peak hour. Rev 4-17 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 D2—D3 Pg 137 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 46 building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The proposed project is anticipated to generate a net total of approximately 847 net new daily trips in passenger car equivalents with 125 net new passenger car equivalent trips of which will occur during the morning peak hour and 132 net new passenger car equivalent trips of which will occur during the evening peak hour. 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 4 miles northeasterly 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 have inadequate emergency access. No impacts are anticipated. f) The proposed project would be located near various alternative transportation modes and routes, including transit stops and pedestrian facilities. As identified on Figure 11 in the TIA included in the Appendix, which reproduces the Bicycle Plan included in the 2010 General Plan, Etiwanda Avenue, Arrow Avenue and 6th Street are classified as Class 11 (on -road, striped) bike routes in the vicinity of the project site. Etiwanda Avenue is the only roadway striped with Class II bike lanes. Additionally, the project area is currently serviced by Omnitrans, a public transit agency serving various jurisdictions within San Bernardino County, with bus service along Foothill Boulevard and 41" Street. Transit service is reviewed and updated by Omnitrans periodically to address ridership, budget, and community demand needs. Changes in land use can affect these periodic adjustments, which may lead to either enhanced or reduced service where appropriate. The proposed project would not conflict with adopted policies, plans, or programs related to alternative modes of transportation and no mitigation is required. Rev 4-17 D2—D3 Pg 138 Less Than Significant Less Issues and Supporting Information Sources: PP 9 Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact impact building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The proposed project is anticipated to generate a net total of approximately 847 net new daily trips in passenger car equivalents with 125 net new passenger car equivalent trips of which will occur during the morning peak hour and 132 net new passenger car equivalent trips of which will occur during the evening peak hour. 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 4 miles northeasterly 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 have inadequate emergency access. No impacts are anticipated. f) The proposed project would be located near various alternative transportation modes and routes, including transit stops and pedestrian facilities. As identified on Figure 11 in the TIA included in the Appendix, which reproduces the Bicycle Plan included in the 2010 General Plan, Etiwanda Avenue, Arrow Avenue and 6th Street are classified as Class 11 (on -road, striped) bike routes in the vicinity of the project site. Etiwanda Avenue is the only roadway striped with Class II bike lanes. Additionally, the project area is currently serviced by Omnitrans, a public transit agency serving various jurisdictions within San Bernardino County, with bus service along Foothill Boulevard and 41" Street. Transit service is reviewed and updated by Omnitrans periodically to address ridership, budget, and community demand needs. Changes in land use can affect these periodic adjustments, which may lead to either enhanced or reduced service where appropriate. The proposed project would not conflict with adopted policies, plans, or programs related to alternative modes of transportation and no mitigation is required. Rev 4-17 D2—D3 Pg 138 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 47 17. TRIBAL CULTURAL RESOURCES. Would the Less Than project: Significant Less Issues and Supporting Information Sources: Potentially with Than pP g Significant I Mitigation Significant No Section 21074 as either a site, feature, place, cultural landscape Impact Incor orated Impact Impact 17. TRIBAL CULTURAL RESOURCES. Would the project: Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with the cultural value to a California !Native American tribe, and that is: a) Listed or eligible for listing in the California Register of O O O {X) Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1 (K)? b) A resource determined by the lead agency, in its () (X) () discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Comments: a) As defined in Public Resources Code 21074 and applying the criteria located in Public Resources Code Section 5024.1 (subdivision c), 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 Resource Assessment was performed on the project site by BCR Consulting LLC on May 12, 2017. The study involved a cultural resources records search, intensive -level pedestrian cultural resources survey, tribal scoping, and a paleontological resources overview. The records search revealed that 33 cultural resource studies have occurred resulting in four cultural resources recorded within a one -mile radius of the project site. The project site has never been subject to a previous cultural resource study, and no cultural resources have been recorded within its boundaries. The study identified the historic -period Etiwanda (railway) Siding within the project boundaries. According to the study, the railway siding appears to meet California Register of Historical Resources (California Register) Criterion 2 eligibility requirements (associated with important events), however lacks integrity sufficient to convey that significance. The lack of integrity renders the Etiwanda Siding not eligible for listing in the California Register. No other cultural resources, including prehistoric or historic archaeological sites or historic -period buildings, were identified within the project site boundaries. No other cultural resources, including prehistoric or historic archaeological sites or historic -period buildings, were identified within the project site boundaries. Based on the results of the study, BCR Consulting recommended that no additional cultural resources work or monitoring are necessary for proposed project activities. No impacts are anticipated. b) In conformance with CEQA Guidelines Section 15064.5, A Cultural Resources Assessment was performed on the project site by BCR Consulting LLC on May 12, 2017. The study consists of an archaeological record search and field visit. The records search did not identify any previously recorded cultural resources within the project site. The records search revealed that 33 cultural resource studies have occurred resulting in four cultural resources recorded within a one -mile radius of the project site. The project site has never been subject to a previous cultural Rev 4-17 D2—D3 Pg 139 initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 48 resource study, and no cultural resources have been recorded within its boundaries. The study identified the historic -period Etiwanda (railway) Siding within the project boundaries. According to the study, the railway siding appears to meet California Register of Historical Resources (California Register) Criterion 2 eligibility requirements (associated with important events), however lacks integrity sufficient to convey that significance. The lack of integrity renders the Etiwanda Siding not eligible for listing in the California Register. No other cultural resources, including prehistoric or historic archaeological sites or historic -period buildings, were identified within the project site boundaries. No other cultural resources, including prehistoric or historic archaeological sites or historic -period buildings, were identified within the project site boundaries. In conformance with Assembly Bill 52 (AB52), staff sent a Tribal Consultation Request on October 26, 2017, of the proposed project to the following Tribal Communities who had requested to be notified: San Gabriel Band of Mission Indians, San Manuel Band of Mission Indians, Soboba Band of Luiseno Indians, Torres Martinez Desert Cahuilla Indians and the Gabrieleno Band of Mission Indians — Kizh Nation. On November 15, 2017, staff received one email from the San Manuel Band of Mission Indians with a request to include three tribal cultural resource related conditions be added to the approval document for the project, which are provided below. Staff also received a request for consultation by the Gabrieleno Band of Mission Indians -- Kizh Nation on November 1, 2017. Staff and the applicant consulted with the Gabrieleno Band of Mission Indians on December 14, 2017. In an effort to reduce any potential impacts to Tribal Cultural Resources, the Gabrieleno Band of Mission Indians recommended and onsite monitor during all ground disturbing activities. In accordance with the request from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians, adherence to the mitigation measures listed below will ensure that all impacts will be less than significant. 1) if human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100 -foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. 2) In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, all Native American tribes previously contacted during the Tribal Consultation process will be recontacted if any such find occurs and be provided information and permittedlinvited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. 3) If significant Native American historical resources, as defined by CEQA (as amended, 2016), are discovered and avoidance cannot be ensured, an SOI - qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan, the drafts of which shall be provided to San Manuel Band of Mission Indians for review and comment. D2—D3 Pg 140 Less Than Significant Less Issues and Supporting Information Sources: PP 9 Potentiallyignif Significant With Mitigation Than Significant No Impact Incorporated Impact impact resource study, and no cultural resources have been recorded within its boundaries. The study identified the historic -period Etiwanda (railway) Siding within the project boundaries. According to the study, the railway siding appears to meet California Register of Historical Resources (California Register) Criterion 2 eligibility requirements (associated with important events), however lacks integrity sufficient to convey that significance. The lack of integrity renders the Etiwanda Siding not eligible for listing in the California Register. No other cultural resources, including prehistoric or historic archaeological sites or historic -period buildings, were identified within the project site boundaries. No other cultural resources, including prehistoric or historic archaeological sites or historic -period buildings, were identified within the project site boundaries. In conformance with Assembly Bill 52 (AB52), staff sent a Tribal Consultation Request on October 26, 2017, of the proposed project to the following Tribal Communities who had requested to be notified: San Gabriel Band of Mission Indians, San Manuel Band of Mission Indians, Soboba Band of Luiseno Indians, Torres Martinez Desert Cahuilla Indians and the Gabrieleno Band of Mission Indians — Kizh Nation. On November 15, 2017, staff received one email from the San Manuel Band of Mission Indians with a request to include three tribal cultural resource related conditions be added to the approval document for the project, which are provided below. Staff also received a request for consultation by the Gabrieleno Band of Mission Indians -- Kizh Nation on November 1, 2017. Staff and the applicant consulted with the Gabrieleno Band of Mission Indians on December 14, 2017. In an effort to reduce any potential impacts to Tribal Cultural Resources, the Gabrieleno Band of Mission Indians recommended and onsite monitor during all ground disturbing activities. In accordance with the request from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians, adherence to the mitigation measures listed below will ensure that all impacts will be less than significant. 1) if human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100 -foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. 2) In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, all Native American tribes previously contacted during the Tribal Consultation process will be recontacted if any such find occurs and be provided information and permittedlinvited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. 3) If significant Native American historical resources, as defined by CEQA (as amended, 2016), are discovered and avoidance cannot be ensured, an SOI - qualified archaeologist shall be retained to develop a cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan, the drafts of which shall be provided to San Manuel Band of Mission Indians for review and comment. D2—D3 Pg 140 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 49 a. All in -field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Pian shall be monitored by a representative of a Native American tribe previously contacted during the Tribal Consultation process. b. Prior to disposition .and treatment of any artifacts or other cultural materials encountered ,during the project, all Native American tribes ;previously contacted during the Tribal Consultation process will be consulted. 4) The project. Applicant will be required to obtain the services of a qualified Native American Monitors) during construction -related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleno Band of Mission Indians-Kizh Nation as activities that include, but are not limited to, pavement removal, pot -holing or auguring, grubbing, weed abatement, boring, grading, excavation, drilling, and trenching, within the project area. The monitor(s) must be approved by the Tribal Representatives and will be present on-site during the construction phases that involve, any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. In addition, the monitor(s) will be required to provide insurance certificates, including liability insurance, for any archaeological resource(s) encountered during grading and excavation activities pertinent to the provisions outlined in the California Environmental Quality Act, California Public Resources Code Division 13, Section 21083.2 (a) through (k). The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources. 18. UTILITIES AND SERVICE SYSTEMS. Would the Less Than project: significant Less (X) Issues and Su pg porting Information Sources: Potentially Significant wi,n Mitigafion Than Significant No applicable Regional Water Quality Control Board? Impact Incorporated Im act Im act a. All in -field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Pian shall be monitored by a representative of a Native American tribe previously contacted during the Tribal Consultation process. b. Prior to disposition .and treatment of any artifacts or other cultural materials encountered ,during the project, all Native American tribes ;previously contacted during the Tribal Consultation process will be consulted. 4) The project. Applicant will be required to obtain the services of a qualified Native American Monitors) during construction -related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleno Band of Mission Indians-Kizh Nation as activities that include, but are not limited to, pavement removal, pot -holing or auguring, grubbing, weed abatement, boring, grading, excavation, drilling, and trenching, within the project area. The monitor(s) must be approved by the Tribal Representatives and will be present on-site during the construction phases that involve, any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. In addition, the monitor(s) will be required to provide insurance certificates, including liability insurance, for any archaeological resource(s) encountered during grading and excavation activities pertinent to the provisions outlined in the California Environmental Quality Act, California Public Resources Code Division 13, Section 21083.2 (a) through (k). The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources. 18. UTILITIES AND SERVICE SYSTEMS. Would the project: (X) a) Exceed' wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or () () (} (X) 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 O O (X) 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 (X) project from existing'entitlements and resources, or are new or expanded entitlements needed? Rev 4-17 D2—D3 Pg141 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 50 e) Result in a determination by the wastewater treatment {) Less Than O {x) provider, which serves or may serve the project that it Significant Less n Issues and Su orfln Information Sources: C'M � potentially Significant With Mitigallon Than Significant No demand in addition to the provider's existing Impact Incorporated Impact Impact e) Result in a determination by the wastewater treatment {) (} O {x) 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 () (} {) {x) to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (x} 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. d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP -4 treatment plant located within Rancho Cucamonga and RP -1 located within City of Ontario, neither of which is at capacity. No impacts are: anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. 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. Rev 4-17 D2 --D3 Pg 142 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 51 19. MANDATORY FINDINGS OF SIGNIFICANCE Less Than a) Does the project have the potential to degrade the () Significant Less ( ) Issues and Supporting Information Sources: �p g Potentially Slgniricant With MiligaGon Than Significant No habitat of a fish or wildlife species, cause a fish or Impact Incoriocratad Impact impact 19. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () {X) () ( ) 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 O (} O (X} 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 () (X) () cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) As described throughout the Initial Study, the proposed project would not result in any significant impacts to the environment that cannot be mitigated to a less than significant level through the application of uniformly applied mitigation and development policies and/or standards. The proposed project would be required to implement a range of standard and uniformly applied development policies and standards, as well as implement mitigation measures identified in the analysis herein, which would reduce impacts to a less than significant level. 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 Rev 4-17 D2—D3 Pg143 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 52 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: (T) General Plan FPE1R (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCM#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (T) Industrial Area Specific Plan EIR (Certified September 19, 1981) (T) Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis (Vista Environmental; April 12, 2017) (T) Habitat Suitability Evaluation (Ecological Sciences, Inc.; May 18, 2017) (T) Protected Tree Report (Evergreen Arborist Consultants, Inc.; April 5, 2017) (T) Cultural Resource Assessment (BCR Consulting LLC; May 12, 2017) (T) Geotechnical Investigation (Sladden Engineering; December 27, 2016) (T) Phase I Environmental Site Assessment Report (Professional Service Industries, Inc.; September 29, 2016) (T) Addendum to Phase I Environmental Site Assessment Report (Professional Service Industries, Inc.; October 31, 2016) Rev 4-17 D2—D3 Pg144 Less Than Significant Less Issues and SuNnnortin Information Sources: Y � Potentially Signifcant with Mitigation Than Slgni6canl No Impact Incur orated Impact Impact 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: (T) General Plan FPE1R (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCM#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (T) Industrial Area Specific Plan EIR (Certified September 19, 1981) (T) Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis (Vista Environmental; April 12, 2017) (T) Habitat Suitability Evaluation (Ecological Sciences, Inc.; May 18, 2017) (T) Protected Tree Report (Evergreen Arborist Consultants, Inc.; April 5, 2017) (T) Cultural Resource Assessment (BCR Consulting LLC; May 12, 2017) (T) Geotechnical Investigation (Sladden Engineering; December 27, 2016) (T) Phase I Environmental Site Assessment Report (Professional Service Industries, Inc.; September 29, 2016) (T) Addendum to Phase I Environmental Site Assessment Report (Professional Service Industries, Inc.; October 31, 2016) Rev 4-17 D2—D3 Pg144 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 53 (T) Water Quality Management Plan (Joseph E. Bonadiman & Associates, Inc.) (T) Noise Impact Analysis (Vista Environmental; April 14, 2017) (T) Trip Generation Study (Transpogroup; May 4, 2017) (T) Traffic Impact Analysis (Kunzman Associates, Inc.; July 15, 2017) (T) AB 52 Consultation Request Letters (City of Rancho Cucamonga; October 26, 2017) Rev 4-17 D2 --D3 Pg 145 Less Than Significant Less Issues and Supporting Information Sources: PP � Significant Pignifi ant with M{tigativn Than Significant No Impact Incorporated Impact Impact (T) Water Quality Management Plan (Joseph E. Bonadiman & Associates, Inc.) (T) Noise Impact Analysis (Vista Environmental; April 14, 2017) (T) Trip Generation Study (Transpogroup; May 4, 2017) (T) Traffic Impact Analysis (Kunzman Associates, Inc.; July 15, 2017) (T) AB 52 Consultation Request Letters (City of Rancho Cucamonga; October 26, 2017) Rev 4-17 D2 --D3 Pg 145 Initial Study for DRC2017-00084 & DRC2017-00800 City of Rancho Cucamonga Page 54 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 andlor hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant nvironmental effects would occur. Applicant's Signatur Date: Print Name and Title- AA �4W) VI 1 Rev 4-'17 D2 -D3 Pg146 Leis Than SIgNf"nl Leaf Issues and Supporting Information Sources: PP 9 lUMuntuly ����nl pUWlh ruhoe��, T'"" �grifm1 111.11S ¢p Inst lad i aG 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 andlor hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant nvironmental effects would occur. Applicant's Signatur Date: Print Name and Title- AA �4W) VI 1 Rev 4-'17 D2 -D3 Pg146 tv a CL Z M V a) 'a CL w M 9+ .Q d L ro Q a) L. a T 13 N L� c m c . 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O o > E T O O M U E�.E _.5 5 w,L) J) E BULL' to t4) to �§E l` 1 N r U C LL � aU 3 a .Z -0o O Cm p CO ° `a m m '2cn U O O 6 0 2 V- d Ir -o U U O a D ❑ :2'a o m c 0,, L L L .G 4 C .�C YO 0 O (6 C ? {nEGa0 N M to (0 l` e m ar U) O y CL 4 43 E Q su U s S O O o- m � rg Q m U ❑ c m d � a a C � > o 2 C o !L' Z c C) } O U O a a� i W f tl o O U C a` o d Q 1 1 F F 1 7 in U ❑ w M (D C 6l yr � t 5 €L, a h f:.k ❑ N _ m c Ui cD QOi C 'ON O C, OL a C rn' m o . gip, ❑ U O '[O -V C N O R" p ai sO � o 0 'm E m mw U y ;» E C 0 C)2L ca m 0 M CL LL d' d❑ w O O U U D2—D3 Pg 165 *410"%07t- ,.-� -4 Department of Toxic' Su bsta noes Control Matthew Rodriquez Barbara A. Lee, Drector Edmund G. Brown Jr. Secretary for 5796 Corporate Avenue Governor E.nviranrnenW Protection Cypress, California 90630 February 14, 2018 Mr, Dominick Perez Associate Planner City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho CLIcamonga, California 91730 Dorn4iick,j3pre; gityoft�.us MITIGATED NEGATIVE DECLARATION FOR DESIGN REVIEW DRC2017-00084 AND TREE REMOVAL PERMIT DRC2017-00800, SOUTHWEST CORNER OF ETIWANDA AVE AND WHITTRAM AVE, RANCHO CRJCAMONGA, CAI-IFORNIA (SCH# 2018011027) Dear Mr. Perez: The Department of Toxic Substances Control (DTSC) has reviewed the subject Mitigated Negative Declaration (MND). The proposed project evaluated in the MND consists of: construction of a 56,560 -square foot commercial trucking on an 11.82 -acre site by the City of Rancho Cucamonga (project proponent), The project will include the construction of parking and landscaped area, street improvements for the remaining unimproved portion of Etiwanda Avenue that abuts the project site, and utility and circulation improvements. The existing materials recovery facility and associated improvernents will be removed, 1!111TF :111 11111 i I ��i I iiiii 11 1 iiiii� i I ! Section 1.1.4 of the included Phase I Environmental Site Assessment report (Phase 1) states, "`The Historical UST" and the SWEEPS UST database states the subject property has a 9,940 -gallon diesel UST that was installed in 1980, one 555 -gallon regular gasoline UST installed in 1972, and a 1, 000 -gallon unleaded gasoline UST that was installed in 1972. Due to the date of installation and duration that the USTs operated at the subject property, the possibility exists that undetected releases May have. occurred, Therefore, the USTs represent a FEC to the subject property." The Phase I further states, "PSI identified one 1,000 - gallon diesel AST, one 1,500 -gallon diesel AST, one 250 -gallon motor oil AST, three 250 -gallon waste gasoline A S Ts, one 250 --gallon used oil A S T, one 250 - gallon antifreeze AST, 2 trash bins with solkl oil waste, nurnerous 5 -gallon buckets of coo/ant, numerous oxygen cylinders, and nurrierous propane EX` H I B"'IT N r 3 Pg166 Mr. Dominick Perez February 14, 2418 Page 2 cylinders. Numerous drums and waste dumpsters were identified at the property, which contained scrap metal and other recyclable materials. The ASTs were located on secondary containment. The ASTs, buckets, containers, and cylinders appeared to be in good condition and no evidence of a release was identified. Based on our observations, the presence of these materials does not represent a REC to the subject property." In addition, Section 6.1.2 of the Phase I indicates that several adjoining properties contain USTs onsite. Indicate whether current and historical onsite USTs and offsite USTs have resulted in groundwater contamination. If groundwater is impacted, then evaluate the potential for vapor intrusion onsite associated with groundwater contamination. 2. Section 7.1.1 of the included Phase I states, "PSI observed an aboveground clarifier located on the southern portion of the subject property." DTSC recommends evaluation of soil and soil gas within the clarifier area. 3. Section 7. 1.1 of the included Phase I states, "PSI identified two pad -mounted electrical transformers located on the subject property." DTSC recommends evaluation, proper investigation and mitigation, if necessary, of onsite areas with current or historic PCB -containing transformers. 4. Section 7.1.1 of the included Phase I states, "PSI observed one aboveground hydraulic lift on the subject property." DTSC recommends evaluation, proper investigation and mitigation, if necessary, of the hydraulic lift area. 5. Section 7.2 of the included Phase l states, "Aerial photographs and topographic maps depict the subject property as land cultivated for agricultural use, a railroad is located on the southern portion of the property and a single-family residence is located on the northeastern portion of the property." If the site was used for agricultural or related activities, residual pesticides may be present in onsite soil. DTSC recommends investigation and mitigation, as necessary, to address potential impact to human health and environment from residual pesticides. Railroad easements and rail yards are commonly impacted due to spillage of chemicals, fuels, and lubricants, and use of pesticides and herbicides along the tracks for weed control. DTSC recommends assess mentlinvestigation and/or cleanup as necessary to confirm that no residual contamination associated with rail operation is present onsite. In addition, based on historical residential site use, DTSC recommends investigation to address potential impact to human health and environment from residual termiticide application and lead-based paint. 6. If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area would cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the IS should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. D2 -D3 Pg167 Mr. Dorninick Perez FebrUary 14, 2018 Page 3 soil contamination is suspected or observed in the project area, then excavated soil shOUld be sampled prior to export/disposal, If the soil is contaminated, it should be disposed of properly in accordance with all applicable and relevant laws and regulations, In addition, if the project proposes to import soil to backfill the excavated areas, proper evaluation and/or sampling should be conducted to make Sure that the imported soil is free of contamination, If you have any questions regarding this letter, please contact me at (714) 484-5324 or by email at Iv Y ,Qsornio§q.c� Lgoy. Sincerely, Ivy Osornio Project Manager Site Mitigation and Restoration Program k1ho M (via e-rnail) Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 State.clearir 1',i'Luse (Doprq5i,9py Mr, Dave Kereazis Office of Planning & Environmental Analysis Department of Toxic Substances Control Dave, Kereazis@�ft!�,qq., qoy Mr. Shahir Haddad, Chief Brownfields Restoration and School Evaluation Branch Site Mitigation and Restoration Program - Cypress Sl,iahir,Hacidada�tt,,5f,,,.gg,,,q fflI� ' .� iCCASTLE l OX NICHOLSON February 2%, 2018 VIA EMAIL Ivy Osornio Project Manager Site Mitigation and Restoration program California Department of roxic Substances Control 5796 Corporate Avenue Cypress, CA 90630 Cox, Castle & Nicholson 11,11 20211 Century hark, I 1st, Suite 2 100 I 10S Angeles, C'ahfim nia 90067-3284 11 3 10,28.4 2200 F X101284.2100 Preston W. Brooks 11 02�4,222 3 I de No� 099999 Re. Mitigated Neg,,ati-ve Declarat I oil for Design Review DRC2017-00084 and 'free Removal Permit DRC2017-00800 ("MNE)"), South\vest Corner ofEtiwanda Avenue and Whittrarn Ave., Rancho Cucamonga, California (the "Property") (SCH4 201 SSI 1()27 Dear Nts, Osornio: We represent DI) Etiwanda L,LC ("DPE")., the owner of the property, We have reviewed your February 14, 2018 letter regarding the Property ("D-fSC Letter"') and agree to perform much of the additional evaluation and investigation that DTSC requested at the Property. However, the additional evaluation and investigation need not be addressed prior to tile conclusion of the Design Review and Tree Removal Permit process. Therefore, DPE will perform the additional evaluation and investigation detailed belo\,\, after the completion of the City of rancho CLIcairionga approval process. Please note that because the DTSC Letter was submitted after the conclusion of the public review period for the HIND, DPE is not obligated to respond to the DISC' Letter, but is doing so on a voluntary basis to address DT SC's stated concerns. Based on the conclusions in the Phase I Environmental Site Assessment, dated September 29, 2016, prepared by Professional Service Industries, Inc. ("PSI") ("Phase I Report"'), and the Addendum to the Phase I Environmental Site Assessment, dated October 13, 2016" prepared by Intertek ("Phase 11 Addendum"), many of the issues raised in the DISC Letter have already been satisfactorily addressed. It appears that DTSC did not previously review the enclosed Phase I Addendum, which makes clear that regulatory closure was issued regarding the former USTs at the Property. As a result, additional investigation of the USTs is unnecessary. As discussed in rriore detail below, although DPP believes the other identified issues do not warrant additional investigation, nonetheless DPE is willing to undertake certain additional assessment, EXLos Anoeles � Orange County I Safi Francisco OHIBIT 0 t�l 4:1 mmIM ' s . • Ivy Osornio February 22, 2018 Page 2 Set forth below are DPE's responses to DTSC's requests for additional evaluation and investigation of individual features and potential impacts at the Property. UST Investigation As stated in the enclosed Phase I Addendum, the three USTs previously located at the Property were removed and received regulatory closure on March 11, 1998. In its closure letter, the County of San Bernardino Fire Department stated that further investigation of the USTs was not warranted. In addition, according to the Section 5 of the Phase I Report, PSI determined that the shallowest layer of groundwater occurs 250 feet below the ground surface (bgs) of the Property. Although there is no evidence that a release occurred from the USTs, if such a release did occur, it is highly unlikely that such a release would impact groundwater 250 feet bgs. As a result of the regulatory closure of the USTs issue, it is unclear why DTSC would request additional information as to impacts related to the USTs. Accordingly, DPE requests that DTSC withdraw this request. Clarifier The Phase I Report. states that PSI observed no significant staining on the concrete or near the drain in the vicinity of the aboveground clarifier on the Property. Based on the Iack of evidence suggesting a release, PSI concluded that the presence of the aboveground clarifier does not represent a recognized environmental condition (`REC"). Although there is no evidence of a release from the clarifier, DPE agrees to evaluate soil and soil gas within the clarifier area. Electrical Transformers According to the Phase I Report, the two pad -mounted electrical transformers that PSI identified at the Property were in good condition with no evidence of staining, and were owned and maintained by the local electrical company. As a result, PSI determined that the transformers are not a REC. Furthermore, utility companies in California typically maintain all responsibility for electrical transformers, and maintenance of these features is not the owner's obligation. Although DPE does not agree that additional evaluation, investigation or initigation of the transformers is necessary, DPE will evaluate whether PCBs are present in soil in the vicinity ofthe electrical transformers. Hydraulic Lift Section 7. 1.1 of the Phase I Report states that the aboveground hydraulic lift is not a REC because significant staining was not observed around the lift, the hydraulic fluid reservoir of an aboveground lift did not appear to be leaking, and the lift lacked an underground component. Although there is no evidence of a release from the hydraulic lift, DPE will perforin sampling in the vicinity of the Ityrlraulic lift. D2—D3 Pg170 Ivy Osornio February 22, 2018 Page 3 Pestici(le,'Vermiticide, Lead -Based Paint and�Rail S �)ur "I'lie Phase I Report (toes not identify pesticide, termiticide, lead-based paint. or the rail spur as Issue,., of environmental concern. Hoft,ever, DIIEwifipedorm soil sainlVing itt the vicinh�j, (�fthefi)riner continercial, buittlingfi)r thepresence qf hlepestics, leati-basedpailit ellid . terwitic hle. fit witlition, DIIIE' will ixerfiwitt, soil sampling in the vichdi, of flit, rail s1mr. The Phase I Report and Phase I Addendurn did riot ldent6 any environmental conditions associated with the items addressed in the D'FS( Letter. However, as a precautionary rneasure, after the conclusion of the City of Rancho Cucanionga's approval process, DPE Nvill perform sarnpling to evaluate Nvhether the clarifier, electrical transformers, hydraulic lift, rail Spin', and, potential pesticide, termiticide and lead-based paint have resulted in environmental inipacts to the Property, DPE will provide a %vork plan and the sarripling results to DTSC for review, following the conclusion of the City of Rancho Cu carrio n ga's approval process. Please contact me if you would like to djSCUSS this issue fin-ther. PWB Encl. Very truly Yours, Preston W. Brooks cc: (via e-inail) Mr. Dominick Perez Associate planner City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 f)otiiiiiick.Perez((t.?cityofrc, Lis Governor's Office of Planning and Research State Clearinghouse P,O. Box 3044 Sacramento, California 95812-3044 State.clearingliouse( opr.ca.gov Ivy Osornio February 22, 2018 Page 4 Mr. Dave Kereazis Office of Planning & Environmental Analysis Department of Toxic Substances Control Dave.Kereazls@dtse.ca.gov Mr. Shahir Haddad, Chief Brownfields Restoration and School Evaluation Branch Site Mitigation and Restoration Program - Cypress Shahir.Haddad@dtsc.ca.gov 9002751200892927v1 D2 --D3 pg172 RESOLUTION NO.18-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2017-00084, A PROPOSAL TO CONSTRUCT A 56,560 SQUARE FOOT BUILDING FOR OFFICE, STORAGE, FREIGHT HANDLING, SHIPPING, TRUCKING SERVICES AND TERMINALS ON AN 11.82 ACRE SITE LOCATED WITHIN THE HEAVY INDUSTRIAL (HI) DISTRICT AT THE NORTHWEST CORNER OF THE BURLINGTON NORTHERN SANTA FE RAILWAY AND ETIWANDA AVENUE AT 8822 AND 8768 ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS. 0229- 131-15, -16 AND -26. A. Recitals. 1. Dedeaux Properties, LLC., filed an application for the approval of Design Review DRC2017- 00084, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of February 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application. At the request of staff, the review of the application was continued to a date unspecific. 3. On the 11 th day of April 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said meeting 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 meeting on February 14, 2018 and April 11, 2018, including written and oral staff reports, together with public testimony this Commission hereby specifically finds as follows: a. The application applies to property located at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue with a street frontage that is separated into two parts with a combined length of 285 feet and is presently partially improved with street pavement; and b. The site is partially developed with a materials recovery facility that occupies the western 6.12 acres of the property. The materials recovery facility will be demolished during the construction phase of the project. The remaining 5.17 acres on the eastern portion of the site are D2—D3 Pg 173 PLANNING COMMISSION RESOLUTION NO. 18-18 DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 2 currently vacant. The existing land uses on, and General Plan land use and zoning designations for the project site and the surrounding properties are as follows: C. The application is for a proposal to develop the entire 11.82 -acre site with a warehouse and office building, parking, landscaping and remaining street improvements along the eastern perimeter of the site; and d. The easterly 10,000 square feet of the building contains a two-story office area. The remaining 46,560 square feet of the building will be used as a trucking terminal; and e. The proposed floor area ratio (FAR) is 10.9 percent. The maximum allowable FAR for the Industrial Park (IP) District is 50 percent; and f. The building will be constructed of concrete tilt up walls that incorporate smooth and sandblasted corrugated formliner exterior finishes, a large glass entrance along the front (west) elevation of the building, glass windows with metal awnings along the office area elevations, decorative reveal lines, and one hundred one (101) dock doors along the north and south elevations of the trucking terminal portion of the building; and g. Two access points to the site will be provided at Etiwanda Avenue; one adjacent to the employee and visitor parking area within the northeastern corner of the site and the second adjacent to the employee parking area within the southeastern corner of the site; and h. The employee and visitor parking areas will have a total of ninety (90) vehicle parking spaces. The trucking terminal area will have a total of one hundred forty-four (144) trailer parking spaces; and i. The loading and trailer parking area will be screened from public view by an architecturally compatible 8 -foot tall concrete wall and rolling gate. For security purposes, an 8 -foot tail chain link fence will be installed around the north, south and west perimeter of the trailer parking area; and j. The employee and visitor parking areas will have a total of ninety (90) vehicle parking spaces. The trucking terminal area will have a total of one hundred forty-four (144) trailer parking spaces; and D2-133 Pg174 Land Use General Plan Zoning Site Material Recovery Facility/ Heavy Industrial Heavy Industrial (HI) District Undeveloped North Georgia Pacific Warehouse Heavy Industrial Heavy Industrial (HI) District Facility South B.N.S.F. Railway and Etiwanda Heavy Industrial Heavy Industrial (HI) District Power Generating Station Bernell Hydraulics, Single -Family Heavy Industrial/ Heavy Industrial (HI) District/ Fast Residences, Truck Storage General Industrial General Industrial (GI) District Business and Bail Bonds Office West Gerdau Rebar Manufacturing Heavy Industrial Heavy Industrial (Hl) District Facility C. The application is for a proposal to develop the entire 11.82 -acre site with a warehouse and office building, parking, landscaping and remaining street improvements along the eastern perimeter of the site; and d. The easterly 10,000 square feet of the building contains a two-story office area. The remaining 46,560 square feet of the building will be used as a trucking terminal; and e. The proposed floor area ratio (FAR) is 10.9 percent. The maximum allowable FAR for the Industrial Park (IP) District is 50 percent; and f. The building will be constructed of concrete tilt up walls that incorporate smooth and sandblasted corrugated formliner exterior finishes, a large glass entrance along the front (west) elevation of the building, glass windows with metal awnings along the office area elevations, decorative reveal lines, and one hundred one (101) dock doors along the north and south elevations of the trucking terminal portion of the building; and g. Two access points to the site will be provided at Etiwanda Avenue; one adjacent to the employee and visitor parking area within the northeastern corner of the site and the second adjacent to the employee parking area within the southeastern corner of the site; and h. The employee and visitor parking areas will have a total of ninety (90) vehicle parking spaces. The trucking terminal area will have a total of one hundred forty-four (144) trailer parking spaces; and i. The loading and trailer parking area will be screened from public view by an architecturally compatible 8 -foot tall concrete wall and rolling gate. For security purposes, an 8 -foot tail chain link fence will be installed around the north, south and west perimeter of the trailer parking area; and j. The employee and visitor parking areas will have a total of ninety (90) vehicle parking spaces. The trucking terminal area will have a total of one hundred forty-four (144) trailer parking spaces; and D2-133 Pg174 PLANNING COMMISSION RESOLUTION NO. 18-18 DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 3 k. The project has an eleven percent landscape coverage including a total of one hundred thirty-one (131) trees: one hundred one (101) along the north, south and west perimeter of the property and thirty-one (31) throughout the employee and visitor parking areas and along the Etiwanda Avenue street frontage; and I. A shaded employee break area will be constructed along the southern edge of the office area; and m. The applicant proposes the removal of the existing onsite rail spur. The Development Code states the rail service development standards may be amended or deleted on a site -by -site basis during the development review process if the Planning Commission determines (1) the installation of the spur track cannot be accomplished due to physical constraints on or adjacent to the project site, and (2) other existing or potential rail service properties will not be negatively affected in their ability to accommodate rail service activity as a result of modifications to the standards. Because the spur only provides rail service to the subject property, removal of the spur will not negatively affect nearby properties. Also, due to truck traffic associated with industrial businesses within the general vicinity of the project site, Policy CM -1.6 of the 2010 General Plan encourages pursuing a railroad grade separation at Etiwanda Avenue and the BNSF Railway line at some point in the future. At such time, due to the physical constraints created by the grade separation, the rail spur may be affected and removed. Therefore, this project meets the requirements necessary for the Planning Commission to delete the standards to provide rail service to this site. The conceptual grading plan shows an optional conceptual rail spur for potential future use, should the future property owner or tenant have the need for rail service. The conceptual rail spur is designed to access the site from the southern edge of the Etiwanda Avenue frontage, where the spur currently exists, and will run along the southern property line; and n. This application was submitted concurrently with a Tree Removal Permit (DRC2017- 00800) for the removal of existing onsite trees; and o. The project was reviewed and approved by the Design Review Committee (Wimberly, Macias, Granger) on November 14, 2017; and p. The project was reviewed and approved by the Technical Review Committee on November 14, 2017; and q. Per AB52, on October 26, 2017, notifications were sent to Native American communities to determine interest in engaging in consultation related to the potential impact to cultural resources as a result of the project. The City was contacted via email on November 1, 2017, by the Gabrieleho Band of Mission Indians -- Kihz Nation (GBM!) who requested to consult. On December 14, 2017, the GBMI consulted with the City and the applicant and it was determined that a Tribal Monitor would be necessary during all construction related ground disturbing activities. A mitigation measure has since been included in Initial Study that requires the applicant to obtain the services of a Tribal Monitor during ground disturbing construction activities associated with the project. Comments received by the San Manuel Band of Mission Indians on November 15, 2017, which included minor additional text to the draft mitigations, were incorporated into the mitigation measures. No other comments were received by any other tribes. 3. Based upon the substantial evidence presented to this Commission during the above - referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: D2—D3 Pg175 PLANNING COMMISSION RESOLUTION NO. 18-18 DESIGN REVIEW DRC2017-00084 -- DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 4 a. The proposed project is consistent with the General Plan. The General Plan land use designation for the project site is Heavy Industrial. The General Plan states that Heavy Industrial land use designation accommodates truck service and terminal uses. The project is for the development of a warehouse and office building, is consistent with the intent of the General Plan's Heavy Industrial land use designation; and 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 Development Code states that the Heavy Industrial (HI) District allows for industrial -related warehouse and office uses as a permitted use; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code. The proposal is in compliance with the City's parking and landscape standards and complies with the City's development standards including FAR and building height; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements. in the vicinity. The Initial Study Part II outlines potential environmental impacts related to the project and identifies project specific mitigation measures that reduce these impacts to less -than -significant. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the. findings contained in that Initial Study, City staff determined that; with the imposition of mitigation measures, there would be no substantial evidence that the projectwould 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. One comment letter sent by the Department of Toxic Substance Control was received on February 14, 2018, in response to the Mitigated Negative Declaration. The comments included concerns regarding the analysis in the MND of the underground storage tanks (USTs) and other onsite equipment. However, the letter did not suggest that the Project would cause a significant environmental effect or provide evidence that contaminated soils exist on-site. In response to this letter, the applicant's representative prepared a response letter that reaffirmed the adequacy of the analyses used to assess the projects impacts and indicated the applicant's willingness to perform future additional assessment of the site. Although the evidence does not suggest that the Project will cause a significant, effect to the environment, the Department of Toxic Substance Control is currently working with the applicant to enter into a Voluntary Cleanup Agreement for the site. No changes were made to the Mitigated Negative Declaration as a result of the Department's comments. 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 D2—D3 Pg 176 PLANNING COMMISSION RESOLUTION NO. 18-18 DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 5 (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the attached Conditions of Approval and Mitigation Monitoring Checklist incorporated herein. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: Francisco Oaxaca, Chairman Candyce 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 11th day of April 2018, by the following vote -to -wit: D2—D3 Pg177 D2-D3 Pg 178 Conditions of Approval yi crud N Community Development Depart!imnt 0 re I MONs 'A Projects DR02017-00084 CEQA2017-00001, DR02017-00800 Project Name, Dedeaux Truck Terminal Facility Location: 8822 ET IWAN DA AVE - 0229,13115-0000 Project Type: Design Review CEQA Rev�ew, Tree Removal Permit Planning Department 1. Approval is for the development of a 56,560 square foot building for office, storage, freight handling, shipping, trucking services and terminals on an 11,82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APC s: 0229-131-15, -16 and -26, 2 Approval is for, the removal of a total of twenty-nine (29) trees, including two (2) heritage trees in conjunction with a proposed industrial development located at the northwest corner of Etiwanda Avenue and the Burlington Northern Santa Fe Railway at 8822 and 8768 Etiwanda Avenue - APE s: 0229-131-15, -16 and -26. 3, A uniform sign program shall be required for all multi -tenant or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities. 4, All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line -of -sight of the main entrance. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department All DDC and FDC shall be screened behind a 4 -foot high block wall and appropriate landscaping. These walls shall be constructed of similar material used on-site to match the building, 5, All ground -Mounted equipment, including utility boxes, transformers, and back-flow devices, shall be surrounded by a minimum of two rows, of shrubs spaced a minimum of 18 inches on -center. All ground mounted equipment shall be painted dark green except as directed otherwise by the Fire Department, 6. The employee break area shall have an overhead trellis with cross members, spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches. Each support Column shall have a decorative base that incorporates the architectural design and finishes /trim used on the building. The trellis shall be painted to match the building, and tables, chairs/benches, and waste receptacles shall be provided. 7, All wrought iron fences and sliding gates shall be painted black or similarly dark color. Where tubular steel wrought iron sliding gates are used, they shall be backed by solid or perforated metal sheeting painted to match the fence or gate. 8. During construction, the number of access points to the site shall be minimized and when feasible situated in locations that are highly visible from the street. 9. After hours of construction operation, vehicle and pedestrian gates and openings shall be secured. Padlocks used for securing gates shall be designed to prohibit Cutting of locks. Locking gates shall be secured with rninin"ILIM of 3/8 -inch -thick, 30 grade coil chain, or mininILIM 5/16 -inch cabie, Pfonted 4 212018 vVWw'CitYOfRC us D2—D3 Pg179 Project #: Project Name: Location: Project Type: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Dedeaux Truck Terminal Facility 8822 ETIWAN DA AVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning ROJECT: Planning Department Please be advised of the following Special Conditions 10. "No trespassing" signs listing California Penal code section 602, shall be installed at all construction site access points. 11. Signs with a 24-hour emergency phone number for a person who can respond to the construction site, shall be posted at the main entrance gate and on the exterior of the on-site office trailer or building. 12. During hours of darkness, all vehicle gate locations, centralized storage areas for building materials, trailers, temporary buildings, or sea containers shall be illuminated. When required lighting would affect occupied residences, motion sensors can be used to control light fixtures and positioned in a way that will not disturb the privacy of any neighboring residence. 13. All doors of office trailers and office buildings, shall have a deadbolt lock and an auxiliary locking device, using a slide bolt or hasp with a protective device to prohibit cutting of the padlock. The bolt or shackle shall be'/Z inch trick minimum. 14. All storage or sea container doors shall be secured using a hasp or side bolt with a protective devise to prohibit cutting of the padlock and attached with non -removable bolts from the exterior. Padlocks shall have a minimum of 112 -inch -thick shackle. All exterior hinge pins shall be rendered non-removeable by design or by welding. 15. Forklifts shall be rendered inoperable when hours of operation are ceased, making them unable to start, operate or move. Removing forks and securing them satisfies this requirement. 16. An on-site record shall be kept for all motorized equipment, listing the manufacturer, model, product identification number, serial number, and or license plate or vin number when applicable. 17. A recorded surveillance system or security guard shall be present after hours of operation, including holiday weekends. 18. All non-ferrous metals such as copper, electrical cable, etc. shall be stored in a secured storage container or sea container after hours of operation. 19. The exterior dumpster enclosures shall be constructed per City of Rancho Cucamonga Standards. Any gates or doors providing access into the enclosure shall be secured by a locking device of substantial design to prohibit unwanted entry. If openings in the design of the enclosure are proposed, all openings shall be screened, gates, or some other method must be used to prevent unwanted person from entering the dumpster enclosure. The dumpster area shall be equipped with lighting of sufficient power to illuminate and make it easily discernible the appearance and conduct of persons on or about the dumpster area. 20. The maximum height of landscaping (shrubs or plants this excludes trees) outside the location shall be measured no more than three feet from the top of the curb. 21. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. The exterior lighting shall be maintained in working condition by the applicant or on-site property manager. Printed; 4120-678 w,,vw.CityofRC.us D2—D3 Pg 180 Page 2 of 18 Project#: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Please be advised of the following Special Conditions 22. Prior to issuance of permits for the construction of the optional rail spur, the applicant shall provide to the Planning Department authorization/approvals from the CPUC and BNSF Railway of the location and design of the spur line. 23. Prior to the start of construction for the future conceptual rail spur, the applicant shall submit a Site Development Review application to the Planning Department for approval of detailed plans to confirm compliance with the Development Code for standards including, but not limited to, parking, landscaping and screening. Standard Conditions of Approval 24. 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 arty such action but such participation shall not relieve applicant of his obligations under this condition. 25. Copies of the signed Planning Commission Resolution of Approval, 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. 26. 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 $2,330.75. 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. 27. 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. 28. 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. 29. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions and mitigation measures contained herein, and the Development Code regulations. 30. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. 31. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800) prior to the issuance of Building Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. vnuw.CityofRC,us Printed; 4/2/2018 Page 3 or 18 D2—D3 Pg 181 Project #/: Project Name Location: Project Type: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Dedeaux Truck Terminal Facility 8822 ETIWANDA AVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 32. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 33. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 34. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 35. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 36. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. 37. All parking spaces shall be 9 feet wide by 17 feet long with a required 1 -foot overhang (e.g., over a curb stop). 38. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of Building Permits. 39. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 40. Enhanced/textured pavement shall be provided at both vehicle entrances to the site, as shown on the approved site plan. 41. For commercial and industrial projects, paint roll -up doors and service doors to match main building colors. 42. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof -mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof -mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 43. Any signs proposed for this development shall comply with the Development Code and shall require separate application and approval by the Planning Department prior to installation of any signs. Printed: 412/2018 viww.CityofRC.us D2 --D3 Pg 182 Page 4 of 18 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 44. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $729 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 45. A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval. 46. A minimum of 20 percent of trees planted within industrial projects shall be specimen size trees - 24 -inch box or larger. 47. Within parking lots, trees shall be planted at a rate of one 15 -gallon tree for every three parking stalls. 48. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. Engineering Services Department Please be advised of the following Special Conditions 1. Traffic comments: Etiwanda Avenue frontage improvements to be in accordance with City "Major Arterial' standards as required and including: A. Provide curb, gutter, sidewalk, and drive approach as required. B. Provide one (1) LED street light opposite to the existing street light across Etiwanda Avenue. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs to provide street lights and SCE power to serve the street lights. Coordinate with City staff for design and installation requirements C. Provide traffic signing and striping as required. D. All improvements shall be in accordance with the latest ADA standards including access ramps. 2. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. 3. An in -lieu fee as contribution to the undergrounding of the overhead utilities (telecom and electrical, except for the 66 kV electrical) on the opposite side of Etiwanda Avenue shall be paid to the City prior to the issuance of permits. The fee amount shall be one-half the City adopted amount times the length of the Etiwanda Ave frontage from the centerline of the Railroad Right-of-way to the north project boundary, except for the frontage of the "Not A Part" parcel surrounded by this development. Printed: 41212018 www.CityofRC.us Page 5 of 18 D2 -D3 Pg183 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name. Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 4. Development impact fees will be assessed on the building permit. The following impact fees apply: -Transportation Development Fees -Police Impact Fees -Etiwanda/San Sevaine Drainage; This development is located within area 11 of the EtiwandalSan Sevaine drainage area. 5. Public improvement plans shall be 90 percent complete prior to the issuance of grading permits. Public improvement plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds executed by the developer, prior to building permit issuance. 6. Existing utility poles along the frontage of the project shall be undergrounded as necessary per resolution 87-96. 7. The developer shall remove the rail spur on-site to the easterly ownership of the spur at Etiwanda Avenue, more specifically the westerly edge of the existing concrete parcels. Any work done within the City right-of-way shall require an Engineering Department encroachment permit. 8. MWD has a 144" pipeline across the street frontage of the applicant's parcel. Applicant should contact MWD for their latest Guidelines for Developments in the Area of MWD facilities. Please refer to http:ffwww.mwdh2o.com/PDF_Doing_Your Business/4.7.1_Guidelines_development.pdf Standard Conditions of Approval 9. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 50 total feet on Etiwanda Avenue 10. A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of Building Permits. All drainage facilities shall be installed as required by the City Engineer, 11. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. 12, 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. 13. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to Building Permit issuance if no map is involved. a+nvw.CityofRC,us Printed: 412I201B Page 6 of 18 D2—D3 Pg184 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 14. Construct the following perimeter street improvements including, but not limited to: Curb & Gutter A.C. Pvmt Side -walk Drive Appr. Street Lights Street Trees Spur Removal Notes: Pavement reconstruction and overlays will be determined during plan check. 15. 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 Primed: 41212018 Page 7 of 18 D2—D3 Pg185 Project #-. DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 16. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, 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 andlor 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, 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 pvc with pull rope or as specified. e. 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. f. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. g. Street names shall be approved by the Planning Manager prior to submittal for first plan check. Printed: 412/2018 mvw•CityofRC.us Page 8 of 18 D2—D3 Pg186 Project #: Project Name Location: Project Type: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Dedeaux Truck Terminal Facility 8822 ETIWANDA AVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, Engineering Services Qepartment Standard Conditions of Approval 17. 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 1." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. 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. * Street trees are subject to the approval of the City Engineer and MWD where there is a conflict with any MWD easement. 18. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. 19. All public improvements on Etiwanda Avenue shall be operationally complete prior to the issuance of Certificate of Occupancy. 20. 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. 21. The developer shall be responsible for the relocation of existing utilities as necessary. 22. 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. 23. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the building permit will be subject to any requirements that may be received from there. Printed: 41212018 www.CityofRC.us Page 9 of 16 D2—D3 Pg 187 Project#: DRC2017-00084 CEQA2017-00001, ORC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Engineering Services Department Standard Conditions of Approval 24. 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. 25. After the' required lot merger, a signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts and Fire CFD shall be filed with the Engineering Services Department prior to issuance of Building Permits. Formation costs shall be borne by the developer. 26. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded prior to the issuance of Building Permits. Building and Safety Services Department Please be advised of the following Special Conditions 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 per 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. Travel distance to a restroom must not exceed to requirement of CA Plumbing Code currently 500'. If you have any questions, please contact Moises Eskenazi, Senior Plans Examiner at (909) 774-4209 or at moises.eskenazi@cityofrc.us The Fire Standards and Guidance Documents are available on the City's web site www.cityofrc.us follow the path from the home page to city hallffire district/prevention/fire code. standards. Fire Construction Documents (FCS) are also available on -tine, follow the path from the home page to city hall/building & safety/forms applications & handouts. A11 CA Building and Fire codes are posted on the State of California web site at www.bse.ca.gov Grading Section Standard Conditions of Approval 1. The final permitted grading plan set shall have a topographic map, separate from the grading and drainage plan, clearly showing the contours with contour elevations clearly shown with spot elevations and planimetric features clearly shown.and labeled. 2. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. Printed: 4/2/2018 uhvw.CityofRC.us Page tl] of 18 D2—D3 Pg 188 Project #. DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Location: Project Type: Dedeaux Truck Terminal Facility 8822 ETIWAN DA AVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 3. 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. 4. 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. 5. 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. 6. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 7. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 8. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 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. 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. 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. 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. 15. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. Printed: 4/2/2018 wivw.CityofRC.us D2—D3 Pg189 Page 11 of 18 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: Project Type: 8822 ETIWANDAAVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, Grading Section Standard Conditions of Approval 16. This project shall comply with the accessibility requirements of the current adopted California Building Code. 17. 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 hermit; 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. 18. All roof drainage flowing to the public right of way (Etiwanda Avenue) 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 pians. 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. 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. Specifically this condition of approval is directed to the work to the south on the adjacent railroad right of way. 21. 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. Printed: 41212018 a nvw.CityofRC.us D2 -D3 Pg190 Page 12 of IS Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 22. 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. 23. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 24. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. This shall be shown on the grading and drainage plan prior to issuance of a grading permit. 25. 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 documentlentity 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). 26. DESIGN ISSUE: The conceptual grading and drainage plan shows an area within the parking lot and fire lane where storm water will be ponding. Prior to the issuance of a grading permit the civil engineer of record shall submit a set of grading plans to the City of Rancho Cucamonga Building and Safety Department Fire Construction Services to review the plans and provide a maximum ponding depth of the storm water retention. 27. 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. 28. Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch to be notified two working days prior to starting any work in the vicinity of their easement. 29. A permit shall be obtained from Metropolitan Water District (MWD) for any work within their right-of-way, including grading prior to issuance of a grading permit. 30. Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding site design restrictions within their easement and provide a copy of said comments to the Building and Safety Official for review. Printed: 41212018 tiwvw.GityofRC.us Page 13 of 18 D2—D3 Pg 191 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. 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). 32. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 33. 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". 34. 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. 35. 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. 36. 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 Qualify 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. 37. 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. 38. 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. 39. 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. 40. 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. 41. The Site and Drainage Plan in the final project -specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. +rnvtiv.CityofRC.us Printed: 412J2018 ?age 14 of 18 D2 --D3 Pg192 Project#: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDAAVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 42. 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. 43. 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. 44. 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. 45. 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 V11.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 46. 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". 47. The subject project, shall accept all existing off-site storm water drainage flows an those flows through or around the project site. If existing off-site storm water drainage any on-site storm water drainage flows, then the off-site storm water drainage flows with the on-site storm water drainage flows for storm water quality purposes, prior to storm water drainage flows from the project site. d safely convey flows mix with shall be treated discharging the Printed: 41212018 www.CityofRC.us Page 15 of 1 B D2 -D3 Pg 193 Project#: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: Project Type 8822 ETIWANDA AVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Grading ROJECT. Grading Section Standard Conditions of Approval 48. 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. 49. 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. Printed: 4/2/2018 www.CityofRC.us D2 -D3 Pg 194 Page 16 of 18 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 50. 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 5,000sgft 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 above items a., b., c., d., and i. shall be specifically addressed in the final project -specific storm water quality management plan. Printed: 4/212018 Nvww.CitpfRC.us Page 17 of 18 D2 -D3 Pg 195 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 51. Prior to issuance of a grading permit, the applicant shall provide a letter or other documentation from the State Water Resources Control Board that the existing scrap metal permit on the existing property has been closed out. 52. Prior to the issuance of a grading permit, the applicant shall provide hydrology and hydraulic calculations for the 1000 -year design storm (a minimum of Q100 times 1.35) to pass through the proposed project storm drain system. The applicant shall show the ponding limits within the parking area on the precise grading and drainage plan. The ponding limits shall be subject to approvalof the Rancho Cucamonga, Fire Protection District. The proposed underground storm drain system shall be shown on both the plan and profile view of the permitted precise grading and drainage plan with a hydraulic grade line for the 1000 -year storm www.CityofRC.us event_ Printed: 41212018 Page 18 of 18 D2 --D3 Pg 196 RESOLUTION NO. 18-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2017- 00800 FOR A PROPOSAL TO REMOVE A TOTAL OF 29 TREES IN CONJUNCTION WITH A PROPOSED INDUSTRIAL PROJECT TO CONSTRUCT A 56,000 SQUARE FOOT BUILDING FOR STORAGE, FREIGHT HANDLING, SHIPPING, TRUCKING SERVICES AND TERMINALS ON AN EXISTING 11.82 ACRE SITE LOCATED WITHIN THE HEAVY INDUSTRIAL (HI) DISTRICT AT THE NORTHWEST CORNER OF THE BURLINGTON NORTHERN SANTA FE RAILWAY AND ETIWANDA AVENUE AT 8822 AND 8768 ETIWANDAAVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0229-131-15, -16 AND -26. A. Recitals. 1. Dedeaux Properties, LLC., filed an application for the approval of Tree Removal Permit DRC2017-00800, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of February 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application. At the request of staff, the review of the application was continued to a date unspecific. 3. On the 11th day of April 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said meeting 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 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, Park A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above - referenced meeting on February 14, 2018 and April 11, 2018, including written and oral staff reports, together with public testimony this Commission hereby specifically finds as follows: a. The application applies to property located at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue with a street frontage along Etiwanda Avenue that is separated into two parts with a combined length of 285 feet and is presently partially improved with street pavement; and b. The site is partially developed with a materials recovery facility that occupies the western 6.12 acres of the property. The materials recovery facility will be demolished during the construction phase of the project. The remaining 5.17 acres on the eastern portion of the site are currently vacant. The D2—D3 Pg 197 PLANNING COMMISSION RESOLUTION NO. 18-19 TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 2 existing land uses on, and General Plan land use and zoning designations for the project site and the surrounding properties are as follows: and; C. The applicant proposes (DRC2017-00084) to develop the entire 11.82 -acre site with a warehouse and office building, parking, landscaping and remaining street improvements along the eastern perimeter of the site; and d. This application involves a proposal to remove existing heritage trees from the project site; and e. Development Code Section 17.16.080 requires approval of a Tree Removal Permit for the removal of heritage trees on private property. Heritage Trees are defined as any tree in excess of 30 feet in height and having a single trunk diameter at breast height (DBH) of 20 inches or more as measured 4.5 feet from ground level; and The trees are not designated as historically significant; and g. The trees are not noted in any Specific Plan, Community Plan or condition of approval; and h. The applicant has submitted a Protected Tree Report (October 6, 2017) assessing the health of the individual trees. The species of the trees, according to the Protected Tree Report prepared by Evergreen Arborist Consultants, Inc. on October 6, 2017, consist of floss silk, date palm, ash, Mexican fan palm, Italian cypress and queen palm trees. The report states that thirty-two (32) trees were analyzed: thirty (30) onsite trees and two (2) offsite trees. Of the onsite trees, a total of three (3) were determined to be heritage trees. Of the three (3) heritage trees, two (2) were determined to be in poor health and are recommended for removal. The report concluded that due to site limitations and the physiological limitations of the trees, twenty-nine (29) of the onsite trees, including two (2) heritage ash trees, should be removed and the heritage floss silk tree should be preserved in place; and i. There is a total of thirty (30) existing trees onsite. The project involves the installation of a total of one -hundred thirty-one (131) trees around the perimeter of the site and throughout the parking lot, which is consistent with the existing industrial complex to the north. Therefore, it is not anticipated that the removal will negatively affect the established character of the area and the property values; and D2—D3 Pg 198 Land Use General Plan Zoning Site Material Recovery Facility/ Heavy Industrial Heavy Industrial (HI) District Undeveloped North Georgia Pacific Warehouse Heavy Industrial Heavy Industrial (HI) District Facility South B.N.S.F. Railway and Etiwanda Heavy Industrial Heavy Industrial (HI) District Power Generating Station Bernell Hydraulics, Single -Family Heavy Industrial/ Heavy Industrial (HI) District) East Residences, Truck Storage General Industrial General Industrial (GI) District Business and Bail Bonds Office West Gerdau Rebar Manufacturing Heavy Industrial Heavy Industrial (HI) District Facility and; C. The applicant proposes (DRC2017-00084) to develop the entire 11.82 -acre site with a warehouse and office building, parking, landscaping and remaining street improvements along the eastern perimeter of the site; and d. This application involves a proposal to remove existing heritage trees from the project site; and e. Development Code Section 17.16.080 requires approval of a Tree Removal Permit for the removal of heritage trees on private property. Heritage Trees are defined as any tree in excess of 30 feet in height and having a single trunk diameter at breast height (DBH) of 20 inches or more as measured 4.5 feet from ground level; and The trees are not designated as historically significant; and g. The trees are not noted in any Specific Plan, Community Plan or condition of approval; and h. The applicant has submitted a Protected Tree Report (October 6, 2017) assessing the health of the individual trees. The species of the trees, according to the Protected Tree Report prepared by Evergreen Arborist Consultants, Inc. on October 6, 2017, consist of floss silk, date palm, ash, Mexican fan palm, Italian cypress and queen palm trees. The report states that thirty-two (32) trees were analyzed: thirty (30) onsite trees and two (2) offsite trees. Of the onsite trees, a total of three (3) were determined to be heritage trees. Of the three (3) heritage trees, two (2) were determined to be in poor health and are recommended for removal. The report concluded that due to site limitations and the physiological limitations of the trees, twenty-nine (29) of the onsite trees, including two (2) heritage ash trees, should be removed and the heritage floss silk tree should be preserved in place; and i. There is a total of thirty (30) existing trees onsite. The project involves the installation of a total of one -hundred thirty-one (131) trees around the perimeter of the site and throughout the parking lot, which is consistent with the existing industrial complex to the north. Therefore, it is not anticipated that the removal will negatively affect the established character of the area and the property values; and D2—D3 Pg 198 PLANNING COMMISSION RESOLUTION NO. 18-19 TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 3 j. It is necessary to remove the two (2) heritage trees specified above in order to construct improvements which allow economic enjoyment of the property as they are in conflict with the proposed industrial development on the project site; and k. It is not necessary to remove the trees to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way. A floss silk tree is currently located adjacent to the proposed northern drive approach. Per the arborist's recommendation given in the tree report, the tree should be preserved throughout the construction process; and 1. The two (2) heritage trees listed for removal in the tree report cannot be preserved by pruning and proper maintenance or relocation rather than removal. The trees are both noted to be in poor health and have not been deemed feasible for transplantation; and m. The trees do not constitute a significant natural resource of the City. The trees slated -for removal do not constitute a significant natural resource as the trees in the surrounding area are not dependent for their survival or are they significant because of their size, species, location or aesthetic qualities; and n. Per AB52, on October 26, 2017, notifications were sent to Native American communities to determine interest in engaging in consultation related to the potential impact to cultural resources as a result of the project. The City was contacted via email on November 1, 2017, by the Gabrieleno Band of Mission Indians — Kihz Nation (GBM1) who requested to consult. On December 14, 2017, the GBM! consulted with the City and the applicant and it was determined that a Tribal Monitor would be necessary during all construction related ground disturbing activities. A mitigation measure has since been included in Initial Study that requires the applicant to obtain the services of a Tribal Monitor during ground disturbing construction activities associated with the project. Comments received by the San Manuel Band of Mission Indians on November 15, 2017, which included minor additional text to the draft mitigations, were incorporated into the mitigation measures. No other comments were received by any other tribes. 3. Based upon the substantial evidence presented to this Commission during the above - referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. Every effort has been made to incorporate the tree(s) into the design of the project and the only appropriate alternative is the removal of the trees. However, the proposed project will involve the replacement of the trees that are proposed to be removed at an approximate ratio of 1:4.3. Therefore, the project will contain a substantially larger number of trees upon completion; and b. The removal of the trees 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 trees slated for removal do not constitute a significant natural resource as the trees in the surrounding area are not dependent for their survival or are they significant because of their size, species, location or aesthetic qualities. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: D2-133 Pg199 PLANNING COMMISSION RESOLUTION NO. 18-19 TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 4 a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the 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. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the attached Conditions of Approval and Mitigation Monitoring Checklist incorporated herein. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary D2—D3 Pg200 PLANNING COMMISSION RESOLUTION NO. 18-19 TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC. April 11, 2018 Page 5 1, 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 11th day of April 2018, by the following vote -to -wit: AYES. COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D2—D3 Pg201 Conditions of Approval 00, community Development Department Project DRC2017-00084 CEQA20'17-00001, DRC2017-,00800 . .. ... ...... - Project Name: tedeaux Truck Terminai FacHity Location 8822 E T MAN DA AVE - 0229131 9-0000 Project Type: Design Review C Review, Tree Removal Permit PlaUDina_Cie 22!1at er�t Neese be advised of the f0lowing Special CondMons 1. Approval is for the development of a 56,560 square foot bUOding for office, storage, freight handling, shipping, trucking services and terminals on an "11 82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the BUrlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs' 0229-131-15, -16 and -26, 2 Approval is for the removal of a total of twenty-nine (29) trees, including two (2) heritage trees in conjunction with a proposed industrial deveioprnent located at the north,,%+est corner of Etiwanda Avenue and the BUdington Northern Santa Fe Railway at 8822 and 8768 Etiv,uanda Avenue - APNs. 0229-131-15, -16 and -26, 3 A uniform sign program shall be required for all multi-teriant or otherwise integrated developments of three or more separate tenal)tS/Uses that share buildings, public spaces, landscape, and/of, parking facilities, 4, AU Double Detector Checks (DDC) and Fire Department Connections (FDC) requlred and/or proposed shall be installed at Bocafions that are not within direct view or ilne-of-sight of the main entrance. The specific locations of each DDC and FDC shaH require the review and approvai of the Panning Department and Fire Construction Services/Fire Department, All DDC and FDC shall be screened behind a 4 -foot high block wall and appropriate landscaping. These walls shall be constructed of similar material used on-site to match the building. 5. Ali ground-rnounted equipment, including utility boxes, transformers, and back-flow devices, shaH be surrounded by a minimum of two rows of shrubs spaced a irninirmlrn of 18 inches on -center. All ground -mounted equipment shall be painted dark green except as directed otherwise by the Fire Department. 6. The employee break area shall have an overhead trellis with cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches, Each SUPPOrt column shall have a decorative base that incorporates the architectural design and finishes/trim used on the building. The trellis shall be painted to match the building, and tables, chairsibenches, and waste receptacles shail be provided. 7 All wrought iron fences and sliding gates shall be painted black or similarly dark color. Where tubular steel wrought iron sliding gates are used, they shall be backed by solid or perforated rneW sheeting painted to match the fence or gate. 8. During construction, the number of access points to the site shall be minimized and when feasible situated in locations that are highly visible from the street, 9. After hours of construction operation, vehicle and pedestrian gates and openings shapl be secured . Padlocks used for securing gates shall be designed to prohibit cutting of locks. Locking gates shall be secured with minimUrn of 318 -inch -thick, 30 grade toll chain, or minimi um 9619 -Trach cable YA A &t'iC4'RC US EUINUMM Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 10. "No trespassing" signs listing California Penal code section 602, shall be installed at all construction site access points. 11. Signs with a 24-hour emergency phone number for a person who can respond to the construction site, shall be posted at the main entrance gate and on the exterior of the on-site office trailer ar building. 12. During hours of darkness, all vehicle gate locations, centralized storage areas for building materials, trailers, temporary buildings, or sea containers shall be illuminated. When required lighting would affect occupied residences, motion sensors can be used to control light fixtures and positioned in a way that will not disturb the privacy of any neighboring residence. 13. All doors of office trailers and office buildings, shall have a deadbolt lock and an auxiliary locking device, using a slide bolt or hasp with a protective device to prohibit cutting of the padlock. The bolt or shackle shall be'/ inch thick minimum. 14. All storage or sea container doors shall be secured using a hasp or side bolt with a protective devise to prohibit cutting of the padlock and attached with non -removable bolts from the exterior. Padlocks shall have a minimum of 112 -inch -thick shackle. All exterior hinge pins shall be rendered non-removeable by design or by welding. 15. Forklifts shall be rendered inoperable when hours of operation are ceased, making them unable to start, operate or move. Removing forks and securing them satisfies this requirement. 16. An on-site record shall be kept for all motorized equipment, listing the manufacturer, model, product identification number, serial number, and or license plate or vin number when applicable. 17. A recorded surveillance system or security guard shall be present after hours of operation, including holiday weekends. 18. All non-ferrous metals such as copper, electrical cable, etc. shall be stored in a secured storage container or sea container after hours of operation. 19. The exterior dumpster enclosures shall be constructed per City of Rancho Cucamonga Standards. Any gates or doors providing access into the enclosure shall be secured by a locking device of substantial design to prohibit unwanted entry. If openings in the design of the enclosure are proposed, all openings shall be screened, gates, or some other method must be used to prevent unwanted person from entering the dumpster enclosure. The dumpster area shall be equipped with lighting of sufficient power to illuminate and make it easily discernible the appearance and conduct of persons on or about the dumpster area. 20. The maximum height of landscaping (shrubs or plants this excludes trees) outside the location shall be measured no more than three feet from the top of the curb. 21. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. The exterior lighting shall be maintained in working condition by the applicant or on-site property manager. rrvw.cityafRC.us Printed: 4'2!2018 Page 2 of 18 D2—D3 Pg203 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department: Please be advised of the following Special Conditions 22. Prior to issuance of permits for the construction of the optional rail spur, the applicant shall provide to the Planning Department authorizationlapprovals from the CPUC and BNSF Railway of the location and design of the spur line. 23. Prior to the startof construction for the future conceptual rail spur, the applicant shall submit a Site Development Review application to the Planning Department for approval of detailed plans to confirm compliance with the Development Code for standards including, but not limited to, parking, landscaping and screening. Standard Conditions of Approval 24. 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 Courtcosts 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. 25. Copies of the signed Planning Commission Resolution of Approval, 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 seated/stamped by a licensed Engineer/Architect. 28. 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 $ 2,330.75. 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. 27. 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. 28. 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. 29. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions and mitigation measures contained herein, and the Development Code regulations. 30. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. 31. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800) prior to the issuance of Building Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. %,;,,yW.cityofRC.us Printed: 412,'2018 Page 3 of 18 D2—D3 Pg204 Project #: Project Name: Location: Project Type: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Dedeaux Truck Terminal Facility 8822 ETIWANDAAVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 32. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 33. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 34. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 35. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 36. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. 37. All parking spaces shall be 9 feet wide by 17 feet long with a required 1 -foot overhang (e.g., over a curb stop). 38. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of Building Permits. 39, All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 40. Enhanced/textured pavement shall be provided at both vehicle entrances to the site, as shown on the approved site plan. 41. For commercial and industrial projects, paint roll -up doors and service doors to match main building colors. 42. Ali roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof -mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof -mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 43. Any signs proposed for this development shall comply with the Development Code and shall require separate application and approval by the Planning Department prior to installation of any signs. Printed: 4,212013 wrv+,r:cityofPG.us D2—D3 Pg205 Page 4 of 18 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Location: Project Type: Dedeaux Truck Terminal Facility 8822 ETIWANDA AVE - 022913115-9000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 44. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $729 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 45. A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval. 46. A minimum of 20 percent of trees planted within industrial projects shall be specimen size trees - 24 -inch box or larger. 47. Within parking lots, trees shall be planted at a rate of one 15 -gallon tree for every three parking stalls. 48. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. Engineering Services Department Please be advised of the following Special Conditions 1. Traffic comments: Etiwanda Avenue frontage improvements to be in accordance with City "Major Arterial" standards as required and including: A. Provide curb, gutter, sidewalk, and drive approach as required. B. Provide one (1) LED street light opposite to the existing street light across Etiwanda Avenue. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs to provide street lights and SCE power to serve the street lights. Coordinate with City staff for design and installation requirements C. Provide traffic signing and striping as required. D. All improvements shall be in accordance with the Iatest ADA standards including access ramps. 2. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. 3. An in -lieu fee as contribution to the undergrounding of the overhead utilities (telecom and electrical, except for the 66 kV electrical) on the opposite side of Etiwanda Avenue shall be paid to the City prior to the issuance of permits. The fee amount shall be one-half the City adopted amount times the length of the Etiwanda Ave frontage from the centerline of the Railroad Right-of-way to the north project boundary, except for the frontage of the "Not A Part" parcel surrounded by this development. Printed: 4!212018 Nvwn,.CifyofRC.us D2—D3 Pg206 Page 5 of 18 Project#: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type. Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Enaineerinct Services Department Please be advised of the following Special Conditions 4. Development impact fees will be assessed on the building permit. The following impact fees apply: -Transportation Development Fees -Police Impact Fees -Etiwanda/San Sevaine Drainage; This development is located within area 11 of the Etiwanda/San Sevaine drainage area. 5. Public improvement plans shall be 90 percent complete prior to the issuance of grading permits. Public improvement plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds executed by the developer, prior to building permit issuance. 6. Existing utility poles along the frontage of the project shall be undergrounded as necessary per resolution 87-96. 7. The developer shall remove the rail spur on-site to the easterly ownership of the spur at Etiwanda Avenue, more specifically the westerly edge of the existing concrete panels. Any work done within the City right-of-way shall require an Engineering Department encroachment permit. 8. MWD has a 144" pipeline across the street frontage of the applicant's parcel. Applicant should contact MWD for their latest Guidelines for Developments in the Area of MWD facilities. Please refer to http://www.mwdh2o.com/PDF—Doing_Your Business/4.7.1_Guidelines—development.pdf Standard Conditions of Approval 9. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 50 total feet on Etiwanda Avenue 10. A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of Building Permits. All drainage facilities shall be installed as required by the City Engineer. 11. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. 12. 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 Hal[; Engineering; Environmental Programs. 13. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to Building Permit issuance if no map is involved. Printed: 41212N/"=.cityofRc.us 018 Page 6 of 18 D2—D3 Pg207 Project -: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 14. Construct the following perimeter street improvements including, but not limited to: Curb & Gutter A.C. Pvmt Side -walk Drive Appr. Street Lights Street Trees Spur Removal Notes: Pavement reconstruction and overlays will be determined during plan check. 15. 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. wsvN.CityofRC,us Printed: 402018 Page 7 of 18 D2 -D3 Pg208 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, Engineering Services De artment Standard Conditions of Approval 16. Improvement Plans and Construction: a. Street improvement pians, including street trees, street lights, 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, 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. Put[ 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 pvc with pull rope or as specified. e. 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. f. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. g. Street names shall be approved by the Planning Manager prior to submittal for first plan check. %V1,vW.CltyofRC,vs arr,,:ad: ��zrzoia Page s of tB D2 -D3 Pg209 Project #': Project Name: Location: Project Type: DRC2017-00084 CEQA2017-00041, DRC2017-00800 Dedeaux Truck Terminal Facility 8822 ETIWAN DA AVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services De artment Standard Conditions of Approval 17. 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 fine item within the construction legend stating: "Street trees shall be installed per the notes and legend on Sheet 1.° Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. 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 pians only. * Street trees are subject to the approval of the City Engineer and MWD where there is a conflict with any MWD easement. 18. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. 19. All public improvements on Etiwanda Avenue shall be operationally complete prior to the issuance of Certificate of occupancy. 20. 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. 21. The developer shall be responsible for the relocation of existing utilities as necessary. 22. 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. 23. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the building permit will be subject to any requirements that may be received from them. Printed: 4:212018 vAvw.CityorRC.us Page e c . of 18 D2 --D3 Pg210 Project rt: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 02291 31 1 5-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, Engineering Services Department Standard Conditions of Approval 24. 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. 25. After the required lot merger, a signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts and Fire CFD shall be filed with the Engineering Services Department prior to issuance of Building Permits. Formation costs shall be borne by the developer. 26. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded prior to the issuance of Building Permits. 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 per 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.Travel distance to a restroom must not exceed to requirement of CA Plumbing Code currently 500'. If you have any questions, please contact Moises Eskenazi, Senior Plans Examiner at (909) 774-4209 or at moises.eskenazi@cityofrc.us The Fire Standards and Guidance Documents are available on the City's web site www.cityofrc.us follow the path from the home page to city hall/fire district/prevention/fire code standards. Fire Construction Documents (FCS) are also available on-line, follow the path from the home page to city hall/building & safety/forms applications & handouts. All CA Building and Fire codes are posted on the State of California web site at www.bsc.ca.gov Grading Section Standard Conditions of Approval The final permitted grading plan set shall have a topographic map, separate from the grading and drainage pian, clearly showing the contours with contour elevations clearly shown with spot elevations and planimetric features clearly shown and labeled. 2. Grading of the subject property shall be in accordance with current and/or the California Residential Code, City Grading Standards, The Grading and Drainage Plan(s) shall be in substantial conceptual Grading and Drainage Plan. adopted California Building Code and accepted grading practices. conformance with the approved vAvw.UtyofRc.us Primed: 4,2."2718 Page 14 of 18 D2—D3 Pg211 Project T: Project Name: Location: Project Type: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Dedeaux Truck Terminal Facility 8822 ETIWANDA AVE - 022913115-0000 Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Grading Section standard Conditions of Approval 3. 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. 4. 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. 5. 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. 6. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 7. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 8. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 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. 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. 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. 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. 15. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. Printed: 4!2!2018 v,vw.Cityo(RC.us Page 11 of 18 D2—D3 Pg212 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETMAN DA AVE - 022913115-00 DO Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. This project shall comply with the accessibility requirements of the current adopted California Building Code. 17. 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 property 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. 18. All roof drainage flowing to the public right of way (Etiwanda Avenue) 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. 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 CBC1804.31CRC R401.3, CBC2304.11.2.2ICRC R317.1(2) and CBC2512.1.21CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 20. 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. Specifically this condition of approval is directed to the work to the south on the adjacent railroad right of way. 21. 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. Printed- 412/2018 arww.Ci,yofRC.us Page 12 of 18 D2—D3 Pg213 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Grading ROJECT: Grading Section Standard Conditions of Approval 22. 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. 23. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 24. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swaies where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. This shall be shown on the grading and drainage plan prior to issuance of a grading permit. 25. 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). 26. DESIGN ISSUE: The conceptual grading and drainage plan shows an area within the parking lot and fire lane where storm water will be ponding. Prior to the issuance of a grading permit the civil engineer of record shall submit a set of grading plans to the City of Rancho Cucamonga Building and Safety Department Fire Construction Services to review the plans and provide a maximum ponding depth of the storm water retention. 27. 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. 28. Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch to be notified two working days prior to starting any work in the vicinity of their easement. 29. A permit shall be obtained from Metropolitan Water District (MWD) for any work within their right-of-way, including grading prior to issuance of a grading permit. 30. Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding site design restrictions within their easement and provide a copy of said comments to the Building and Safety Official for review. ivwW.CityofRC.us Printed: 4?2x2018 Page 13 of 1 B D2—D3 Pg214 Project TM: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDAAVE - 022913115-0000 Project Type. Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. 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). 32. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 33. 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". 34. 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. 35. 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. 36. 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, 37. 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. 38. 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. 39. 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. 40. 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. 41. The Site and Drainage Plan in the final project -specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. Printed: 4•'212018 mvw.CityofRC.us Page 14 of 18 D2—D3 Pg215 Project#: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ITIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard conditions of Approval 42. 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. 43. 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. 44. 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. 45. 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 VI1.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 46. 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". 47. 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. Printed: 4/212018 w vw.cityofRc.us Page 15 of 18 D2—D3 Pg216 Project#. DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 48. Prior to the issuance of a certificate of occupancy by the Building Oficial, 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. 49. 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. Printed: 402018 wWW.cityafRC.us Page 10 of 18 D2 --D3 Pg217 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 50. 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 5,000sgft 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 above items a., b., c., d., and 1. shall be specifically addressed in the final project -specific storm water quality management plan. Printed: 41212012 anvw.CityorRc.us Page 17 of i8 D2—D3 Pg218 Project #: DRC2017-00084 CEQA2017-00001, DRC2017-00800 Project Name: Dedeaux Truck Terminal Facility Location: 8822 ETIWANDA AVE - 022913115-0000 Project Type: Design Review CEQA Review, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Gradina Section Standard Conditions of Approval 51. Prior to issuance of a grading permit, the applicant shall provide a letter or other documentation from the State Water Resources Control Board that the existing scrap metal permit on the existing property has been closed out. 52. Prior to the issuance of a grading permit, the applicant shall provide hydrology and hydraulic calculations for the 1000 -year design storm (a minimum of Q100 times 1.35) to pass through the proposed project storm drain system. The applicant shall show the ponding limits within the parking area on the precise grading and drainage plan. The ponding limits shall be subject to approval of the Rancho Cucamonga Fire Protection District. The proposed underground storm drain system shall be shown on both the plan and profile view of the permitted precise grading and drainage plan with a hydraulic grade line for the 1000 -year storm event. rrxw.CityofRC.us Printed; 412/2418 Page 18 of 18 D2—D3 Pg219 I7 � 01,0TI711 � �i I , , W � TO: Chairman and Members of the Planning Commission FROM: Planner( ...... . .... Candyce Burnett, City Ao ,() INITIATED BY: Mike Smith, Senior Planner SUBJECT: DEVELOPMENT AGREEMENT DRC2015-00118 - CITY OF RANCHO CUCAMONGA .. A review of a proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire LakesiThe Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan; APNs, 0209- 272-20, 0210-082-91 through 93. Related files: General Plan Amendment DRC2015..00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC 2015-00115, An Environmental impact Report (EIR) (SCl--I No. 20150410083) and Mitigation Monitoring Reporting Program (MMRP) was reviewed and certified by the City Council on May 18, 2016. Section 15162 of the California Environmental Quality Act provides that no further environmental review is required for a previously certified EIR or for Subsequent projects within the scope of a prior EIR, The Development Agreement is a contract governing timelines, terms, and conditions regarding development of Ernpire Lakes/The Resort and does not raise or create new environmental impacts that were not previously contemplated in tl"ie EIR. This item will be forwarded to the City Council for final action, Staff recommends that the Planning Commission adopt the attached Resolution recom me riding the City Council approve Development Agreement DRC2015-00118, The project site is a property of 160 -acres that was formerly developed with the privately owned and maintained Empire Lakes Golf Course located in the Empire Lakes Specific Plan (the "Specific Plan"), The Specific Plan has an overall area of 347 -acres and is generally bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The subject property is generally located at the center of the Specific Plan, Both the Specific Plan and the project site are bisected into south and north halves by 6th Street. The existing land uses on and General Plan land Use and zoning designations for the project site and the surrOUnding properties are as follows: PLANNING COMMISSION STAFF REPORT DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA APRIL 11, 2018 Page 2 The golf course was closed in mid -2016 following the approval by the City Council of an amendment to the General Pian (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amendments to the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015- 00115) on .tune 1, 2016. These amendments enabled SC Rancho Development Corp. to develop a new mixed use and transit -oriented project ("Empire Lakes/The Resort") hereafter referred to as "the Project". To date, the City has approved two (2) applications to subdivide the project site (related files: Tentative Tract Maps SUBTT20073 and SUBTT20105). These maps allow SC Rancho Development Corp., functioning as the master developer, to sell parcels within the project site to other developers who will construct parts of the Project as envisioned in the Specific Plan. The City is currently reviewing recently submitted proposals for development of the Project. These applications, listed below for reference, will be reviewed by the Planning Commission at a later date. Empire Lakes/The Resort - Development Proposals Phase 1(A) - 648 -Unit Multi -Family Apartments - Lewis Design Review DRC2017-00642 and Tentative Tract Map SUBTT20118 Phase 1(B) - 296 Single -Family Townhomes, Bungalows, and Stacked Flats - Van Daele, Inc. Design Review DRC2017-00925 and Tentative Tract Map SUBTT20147 Phase 1(C) - Recreation/Community Facility - Lewis Design Review DRC2018-00104 Note: Pre -Application Reviews and applications that do not require Planning Commission review and action are not listed. ANALYSIS: A. General: Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: D4—Pg 2 Land Use General Plan Zoning Site Vacant (former private golf Mixed Use Planning Area 1' course North Industrial Logistics and 'Buildin HeavIndustrial y Minimum Impact/Heavy Manufacturin s Industrial MI/HI District South Commercial Center Mixed Use — Ontario Center Specific Plan Ontario Mills' (2254-SP)l East Apartments, Offices, and Mixed Use Planning Areas 6, 8, 9 and 10' Metrolink Station Parking Lot West Industrial/Office Buildings, and Mixed Use PlanningAreas 2, 4, 5, and 11' General Industrial(GI) District Utilit 2 Facilities General Industrial 1 — Empire Lakes Specific Plan; 2 — Southern California Edison (SCE) and Cucamonga Valley Water District (CVWD); 3 — City of Ontario The golf course was closed in mid -2016 following the approval by the City Council of an amendment to the General Pian (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amendments to the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015- 00115) on .tune 1, 2016. These amendments enabled SC Rancho Development Corp. to develop a new mixed use and transit -oriented project ("Empire Lakes/The Resort") hereafter referred to as "the Project". To date, the City has approved two (2) applications to subdivide the project site (related files: Tentative Tract Maps SUBTT20073 and SUBTT20105). These maps allow SC Rancho Development Corp., functioning as the master developer, to sell parcels within the project site to other developers who will construct parts of the Project as envisioned in the Specific Plan. The City is currently reviewing recently submitted proposals for development of the Project. These applications, listed below for reference, will be reviewed by the Planning Commission at a later date. Empire Lakes/The Resort - Development Proposals Phase 1(A) - 648 -Unit Multi -Family Apartments - Lewis Design Review DRC2017-00642 and Tentative Tract Map SUBTT20118 Phase 1(B) - 296 Single -Family Townhomes, Bungalows, and Stacked Flats - Van Daele, Inc. Design Review DRC2017-00925 and Tentative Tract Map SUBTT20147 Phase 1(C) - Recreation/Community Facility - Lewis Design Review DRC2018-00104 Note: Pre -Application Reviews and applications that do not require Planning Commission review and action are not listed. ANALYSIS: A. General: Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: D4—Pg 2 PLANNING COMMISSION STAFF REPORT DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA APRIL 11, 2018 Page 3 1. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. 2. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. 3. Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement (Exhibit B) for the Project will ensure that the above three goals are fulfilled. The Agreement includes the following major terms: • An initial term of 8 years, which will be extended for an additional 3 years only if the developer pulls buildings permits for at least 1,000 units within the project; • Vested rights to develop in accordance with existing planning regulations, including the Empire Lakes Specific Plan, during the agreement's term; A requirement to dedicate land and contribute funding for a proposed Joint Use Public Facility. This facility is identified as a required mitigation in the Environmental Impact Report (EIR) to address the increase in demand for public services caused by the project. It will have a floor area of up to 25,000 square feet and will be located as shown on page B-1 of Exhibit B. It will be used by the City's Library Services and Community Services Departments, and the Police Department. There also will be space within the facility for ancillary use by the Public Works Department. As details about the dedication of land for its construction, the cost and funding for designing, constructing, and furnishing the facility, and its construction schedule are not described in the Specific Plan, this has been addressed in the Agreement. In sum, the developer must dedicate a roughly 1.75 - acre parcel of land to the City and contribute funding to the facility in the form of an up- front development impact fee that will be offset by certain other developments in! the area that are expected to benefit from the facility; • A requirement to improve and maintain an approximately 1.3 -acre private park for future residents; and • A requirement that the developer participate in the City's public art program. These topics are discussed in Sections 6, 9, 10, 11, 12, and 13, respectively, on pages 1 through 14 of Exhibit B. Many of the remaining terms are typically included in Development Agreements entered into by the City. D4—Pg 3 PLANNING COMMISSION STAFF REPORT DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA APRIL 11, 2018 Page 4 B. Environmental`Assessment: Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on -May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015- 00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and (d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. FISCAL IMPACT: The proposed Development Agreement will facilitate the development of the Project and assist in achieving the fiscal benefits that were discussed in the Staff Report for the associated amendments to the General Plan, Specific Plan, and Development Code that were approved by the City Council in May/June 2016. The annual revenue generated from, for example, property tax, sales tax, fees, and assessments, and the costs for government services including, for example, police, animal care, community development, public works, and other general government functions were analyzed in a fiscal impact analysis prepared in March 2016. Per that Staff Report, the annual revenues/costs in the calculations in the analysis were based on the Project when it was fully constructed and completed. The benefits include the project's contribution to Park District 85 (PD85), Landscape Maintenance District 1 (LMD1), and Street Lighting District 1 (SLD1). These benefits would not occur without implementation of the project. This substantial, additional revenue from the proposed project would reduce the need for General Fund contributions to these assessment districts. Other economic benefits were expected to accrue as a result of the Project. The EIR certified for the Project identifies the underserved and unmet housing needs in the region. The availability of new housing opportunity allows businesses to grow by providing additional housing for new and existing workers. Providing these housing opportunities in close proximity to the City's business and industrial core will facilitate an environment where individuals who work in the community will also reside in it, and support existing businesses. Due to the transit- and pedestrian -oriented approach of the project, environmental costs are lowered and a healthier environment is created. Furthermore, higher value industrial businesses are increasingly relying on being near a supply of housing for potential employees when determining new locations for their operations. The Project represents an opportunity to provide the needed housing in rental and price ranges that are affordable to early career workers. Also, an option is created for older residents looking to "downsize" and select a location which requires less driving to reach services. D4 --Pg 4 PLANNING COMMISSION STAFF REPORT DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA APRIL 11, 2018 Page 5 COUNCIL GOAL(S) ADDRESSED: The proposed Development Agreement will ensure that the Project, when completed, will contribute to the realization of several City Council goals. The General Plan discusses several land use policies including 1) planning for vibrant, pedestrian - friendly mixed use and high density residential areas at strategic infill locations along transit routes; 2) implementing land use patterns and policies that incorporate smart growth practices, including placement of higher densities near transit centers and along transit corridors; and 3) supporting housing opportunities for workers of ail income ranges. The City Council has two goals, Goals A24 and A25 that are relevant to the Project. The objective of Goal A24 is "to address 1) mixed use, high density, transit oriented development (TOD), and 2) underperforming or underutilized areas." The objective of Goal A25 is "review the City's zoning districts and evaluate/investigate creating overlay districts or specific plan areas" that will create districts in order to revitalize underperforming or underutilized areas. 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 comments and/or correspondence have been received in response to these notices. EXHIBITS: Exhibit A -- Vicinity Map Exhibit B — Aerial Map Draft Resolution of Approval for Development Agreement DRC2015-00118 with proposed Development Agreement (Attachment A of the Resolution) CB:MS/Is D4—Pg 5 vaNEYA11¢r � iiiiw�a Ifra.��r� c wimiu!rlviNiioi�ioii�Mimmil i i WI �I� Ni� sN �uf�ww ,f�, u, ,r w. ,A, ` Jr .muu�ulu :w„ ,,, .'r P.iv rka $ ,rnvlal nrl4 ,ri.rA,P r,P, �r wi �IVdmP' kN � tl k / k YJ4W 1 4 ' M v n 2r d 'S IT al, !�f vn LT� sw fri ' w«ch e %rN'rew'reCW e , JV, , m d41 r 1 I*.al,,;`M"`� G7N f�tnr air, µ `a �u r �ry ��VrV., pA AVE f .,r '' r �l4RrN�°+''.=s �" �r p:x r � u, w� r AVf�Al�43A TkIA gip.d r 9:m ia� r'rrr k r sa Vil:^tw ae ruNrdwak i r '� P s,.,�vGes N,4 mac mt; hdTmW a�rv�f b e� F h� 6 'T r» g � b' � .MIIA � � as YPo r ,q� ^ µp w � dr✓i "' f N Tr y` aaP r t+r a ALM�, A �� WU im b N" r Y 9 # COMA � � p".y ,and r ff r r aro sr d n I N em f% u `e „046 fiL R� N Qtr, tlr- r n u n '_.Fl rgNN"7rN:e sNaN'T.°^�✓„4w MAMDI, a d`✓wy, I,,40 rerse n rcrrski T m i11 v,lt ti' f r ¢7Wr.¢N ,1 ri 6 a N r w�4T gni g sw ,: 1 01< rs P 9m'is t TA u V ��F OONA 1 a rrme&.=ntro i s kw k MIA' wn a l YEN 9. f IRUTH MVliCM'MIRpyar.alm>r Gil Sr n �' � "� ��m6 �' .,, ,�f Iry f ” � a� 1. r. e +h f if � � N rs. r . ✓ � tis,. ��,. � �"�:.� � "' 1 r fH F i 6 �,f>K rr � ii TE Er yZA%C: �, � co vt :rnd �. � n z rNlr,,�dye nrtae7 �v^ °.: )d - 9 p r> " MM"t n ' w gCD p ry�y�ry,N'"4 �t1NNpe &A"9W�D ++M`d�'IXl I,H.I�i'r �+,Y iii}'��; "tllbfw lLL l�Phflf r, rn,r,�l'ft d 1 kRAd d ,rf r vrN'4rm �° a,u, � ✓%NlNr n inr nWAJ � CENTER r.6APF pµry6PlmSJf(p C'b l�#PMAe�S. f x $a 6YI"rYGYSUu, b°d P,YJPk ::. )THILL SL 66 �iU l e i'WkVPa9Vlaaioiiwsi d P, 1A &ViFNrYIL ;.i lslf,`,R �a;,6,ds„v4^Yf,s,ypd' m�:.�C"� ti dha frvrr:l�¢Gt eiCVol Sr Na r�AC',E > " �. l Rd & 1P6 ','k iN� t r .M rw ,r f ME i d ?,h%) �N t 1,iAN'6 1 ](1 �o . f"" _ A1,Ak'bP°�J @A;'4" fR co"I 13UXm n , fzf�lo" 1?ds"M`Im4k �... .. z Ill Al ,: ^sip tLd or ', o ' f r PP.a 1Pdc'1hhT 'i'4 ,X.".` i . - N "�r'v +;+. s ! 111 `S ,I W liar jY !"4dCAMNWNC6A rsr r r„ _ ,16 WisEY R:h VEJI ,"A RANCHOr rr 4IdCUCAM ONGA loo A, , � mu -Pinrr r; MEMOLAK TRadd4'' wf. 8TH ST �1 rxrme, rn ,,,T-m<of f y+a ,'i3Yd 6tH ST MA kdb 'r @Y'n&Ci Yy I kN 'C" Vrxkd'i tfiif P WNW fit rgym P, °mwvw becx f e mm ZI E X H M ra Ln k 4TH ST D4 -Pg 6 ,f A, a, t RESOLUTION NO. 18-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT DRC2015-00118, A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR A PREVIOUSLY APPROVED MIXED USE, HIGH DENSITY DEVELOPMENT (EMPIRE LAKES/THE RESORT) IN PLANNING AREA 1 (PAI), A PROPERTY OF ABOUT 160 ACRES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICA/CLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN; APNS: 0209-272-20, 0210-082-91 THROUGH 93. A. Recitals. 1. The City of Rancho Cucamonga and SC Rancho Development Corp. and Empire Lakes Holding Company, LLC filed an application for Development Agreement DRC2015-00118 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On April 11, 2018, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The 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 April 11, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a property that was previously improved with the Empire Lakes Golf Course, a privately owned and operated 18 -hole golf course with an area of 160 acres. b. Development of the subject property (the "project site") is governed by the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific Pian, the City's Development Code, and the City's General Plan. C. The Specific Plan, as it was originally approved in 1994, consisted of eleven (11) "Planning Areas" which are identified with Roman numerals, i.e. Planning Area IA/IB through X. The project site was within "Planning Area IA", "Planning Area IB", and (partly) "Planning Area 111" of the Specific Plan. Following an amendment to the Specific Plan, the project site is now in "Planning Area I (PAI)". D4—Pg 8 PLANNING COMMISSION RESOLUTION NO. 18-17 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA April 11, 2018 Page 2 d. The overall area of the Specific Plan is 347 acres. The Specific Plan is bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and 8th Street and the BNSF/Metrolink rail line to the north. The project site is generally located at the center, and covers about 46%, of the Specific Plan. Both the Specific Plan and the golf course are bisected into north and south halves by 6th Street. e. To the east of the project site are multi -family residences within four (4) apartment complexes. Adjacent to the northeast corner of the project site are office buildings and the Rancho Cucamonga Metrolink station. To the west of the part of the project site located south of 6th Street is an office complex comprised of multiple tenants including Southern California Edison (SCE) and Inland Empire Health Plan (IEHP). To the west of the part of the project site located north of 6th Street are logistics/manufacturing buildings. To the north of the project site, beyond the BNSF/Metrolink rail line, are additional logistics/manufacturing buildings. To the south, on the opposite side of 4th Street, is vacant land within the City of Ontario. f. The zoning designations surrounding the Empire Lakes Specific Plan are as follows: north - Minimum Impact/Heavy Industrial (MI/HI) District; south - Ontario Center Specific Plan (2254 -SP) (in the City of Ontario); east - General Industrial (GI) District and Industrial Park (IP) District, and Industrial Park (IP) District, (industrial Commercial Overlay District (ICOD)); and west - General Industrial (GI) District and Industrial Park (IP) District. g. Associated with the subject application are applications that were approved by the City Council to amend the General Plan (related file: General Plan Amendment DRC2015-00114) on May 18, 2016, and amend the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115) on June 1, 2016. The purpose of those applications is to enable SC Rancho Development Corp. and Empire Lakes Holding Company, LLC to construct a new mixed use, transit -oriented, high density development project (the "overall project") within the project site; h. Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. ■ Development Agreements enable the City to pian for and finance public facilities, including, but not limited to, streets, sewerage, transportation, D4 --Pg 9 PLANNING COMMISSION RESOLUTION NO. 18-17 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA April 11, 2018 Page 3 drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement is being made and entered into for the Project to ensure that the above three goals are fulfilled. 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. Is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Development Agreement enables the construction of the overall project within the project site consistent with the amendments to the General Plan, Empire Lakes Specific Plan, and Development Code (General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115, respectively) and approved by the City Council in 2016. b. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement will increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. Will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement does not substantially change the overall project, does not introduce new or more severe environmental impacts that were not already analyzed in the Environmental Impact Report (EIR) (SCH No. 20150410083) that was certified by the City on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015- 00115. d. Will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20150410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project as there have been a) no substantial changes proposed to the project that indicate new or more severe impacts on the environment; b) no substantial changes have occurred in the circumstances under D4—Pg 10 PLANNING COMMISSION RESOLUTION NO. 18-17 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA April 11, 2018 Page 4 which the project was previously reviewed that indicates new or more severe environmental impacts; c) no new important information shows the project will have new or more severe impacts than previously considered; and (d) no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the proposed Development Agreement, that substantial changes to the project or the circumstances surrounding the overall project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. C. Staff further finds that the overall project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The purpose of the Development Agreement is to increase certainty and provide assurances for subsequent development projects within the overall project and enable the City to plan for and finance public facilities. d. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the proposed Development Agreement. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council approve Development Agreement DRC2015-00118 as shown in Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA M Francisco Oaxaca, Chairman ATTEST: Candyce Burnett, Secretary D4—Pg 11 PLANNING COMMISSION RESOLUTION NO. 18-17 DEVELOPMENT AGREEMENT DRC2015-00118 — CITY OF RANCHO CUCAMONGA April 11, 2018 Page 5 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 11th day of April 2018, by the following vote -to -wit: AYES: • COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D4—Pg 12 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: I CITY OF RANCt-10 CUCAMON( '$A P.O. BOX 807 RAN( ' '110 CUCAMONGA, CA 91729 ATTN: CITYCLERK SPACE AROVETHIS LINE FOR RECORDER'S USE I'XEMPTFROM RECORDING FEE PER GOVERNMF"NTCODE SH"TION 6103 DEVELOPMENT AGREEMENTNO. REGARDING -111E EMPIRE LAKES SPECIFIC PLAN, RANCHO (A)CAMONGA, CALIFORNIA This Development Agreement ("Agreement" or "Development Agreement-) is made arid entered into as of` the "Effective Date" set forth herein, by arid anions SC Rancho Development ("orp., as ("alifornia coilioration aincl Empire Lakes Holding Company, LU' , as Delaware Innited liability company (each, a "Property Owner" and, collectively, "Property Owners") and the City ofRancho ("City""), Cucamonga, as Cald"ornia municipal corporati(mi I ty"), RECITALS I . On May 18, 2016, the City Council of the City cal' Rancho Cucamonga ("Council") adopted Resolution No. 16-056, approving General plan Arriendinent DR(" ' '2015-00114, which amended I the 2010 General Plan of the C.ity of Rancho Cucamonga to allow a proposed mixed use, high density residential/commercial development on as site developed with the now-etosed Empire Lakes (Iolf(" nurse located north of 1°ourtli Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Clevclarid Avenues. Resolution No. 16-056 and all attachments and exhibits thereto are hereby incorporated by this reference. 2 On June 1, 2016, following second reading, the Council adopted Ordinance No. 888, adopting Spccific Plan Arnendirient DIU`2015-00040, which amended the Rancho Cucamonga Industrial Area Specific Plan (IASP) Subarea 18 Specific plan (the "Specific Plan"), to allow and set fbi-th the design and technical standards/gri idel i ties for a proposed mixed use, high density residential/commercial development on a site Currently developed with the Empire Lakes Golf Course located north of 4th Street, south of the BNS["Metrolink, rail line, west of Milliken Avenue, and east c) f 1, J t i caX " 1cveland Avenues, Ordinance No. 888 and all attachments arid exhibits thereto arc hereby incorporated by this reference, 3, On June 1, 2016, following second reading, the COLHICil adopted Ordinance No. 889, adopting Developtnent Code Amendment DRC2015-00115, which amended the prov,isions (if the Development (7ode of the City Rancho Cucarnonga to allow a proposed mixed lise, high density residential/conimercial development on a site currently developed with the Fmpire Lakes Golf' Course located north of4th Street, South ofthe 13NSF/Metrohrik rail line, west of"Millikcri Averitte, AttachmentA D4 -Pg 13 and east ot'Utica/Cleveland avenues. Ordinance No. 889 and all attachmews and exhibits thereto are hereby incorporated by this re6erence. 4. For purposes of this Agrcernent, the proposed mixed LISC, high density residential/cornmercial development as approved and defined by RCSOILItiOn 16-056 and Ordinances 888 and 889 is referred to herein as the "Project," and Resolution 16-056 and Ordinances 888 and 889 are referred to collectively as the "Project Approvals." 5. As set forth in the f1roJect Approvals, the Project requires the COnStITICtiOn of" as Joint USe Public Facility ("JI.RF") oful) to 25,()0() S(jUarC feet in floor area, inClUdilIg l)ublic parking spaces and secured parking spaces for City vehicles, to) provide the City with office and progi-'allinling space toaddress the increase in dei -nand for public filCilitiCS to SLIPPOII I)OliCC, library, public works and coninlUnity services that will be caused by the Project. 6. California (Jovernment Code Section 65864, et scq. (the "Development Agreement Statute") aUth(:)riZCS cities to enter into binding development agreernents with persons having legal or equitable interests in real property for the development of such property, 7. City and f1ropeily, Owners mutually desire to enter into this Developilient Agreement pursuant to the Development Agreement Statute and Section 17.22.060 of the Municipal Code in order to implement the Project, including but not limited to, ensuring that the property Owners donate the land rC(,ILlire(:i for the JUPF to the (-'ity, ensuring that the City receives timely and SUffiCiClIt funds to allow the City to design, build, and furnish the JUPF, and providing a niechanisin tier Property Owners to be reimbursed funds they advance to City for the RAT ftom certain development impact fccs the City collects. 8. 011 ­- - I . - '1 2018, City adopted its Ordinance No. (the "Ordinance"), thereby approving this Development Agreement arnong the City and property Owners, which is effective as of 2018. All ofthe requirements ofthe Cali f6rilia Environmental QualityAct have been imet with respect to the Proicct, Project Approvals and this Agreernent, and this A-greerrient is consistent with the City's General Plan arld the Specific Plan. AGREEMENT NOW,Tf IEREFORE, the parties hereto agree as follows-, Section 1. Definitions. In this Agreement, unless the context otherwise requires, the t6llowing terms shall have the l'ollowing nrcaning� "Adjustment Date" shall have the meaning ascribed to it in Section I I.B. "City" means the City of'Rancho Cucamonga. OralnUllity and Recreation Center DIF' means the 01111TRInity and Recreation Center Impact Fee authorized and imposed Pursuant to ("hapter 3.52 of the MUlliCiJ.),ll Code, as it may be amended or superseded, 9177929 v2 9089 12 2 1123 � 40H 2 1304 140) doc D4 -Pg 14 "Property Owner" means each of SC Rancho Development Corp,, a California corporation and I rnpire Lakes I lolding C.ompany, LLC, a Delaware limited liability company. "I"Ifectivc Date" shall mean the date that the Ordinance becomes effective. "Full Amount" shall have the meaning ascribed to it in Section I I.B. "Index" shall have the meaning ascribed to it ill Section I I Jl. "Library DIF" inearis the Library Irnpact Fee authorized and imposed pursuant to Chapter 3.56 the Municipal C'odc, as it may be amended or superseded. "Municipal Code" means the Rancho Cucanionga Municipal Code, as arnended fron'i titre to time. "Offset DIF" shall have the meaning ascribed to it in Section I I k' "Ordinance" means Ordinance No. ., which approved this Agreement. "OUtstanding FUll Amount" shall have the meaning ascribed to it in Section I I B. "Parcel" shall have the meaning ascribed to it in Section I I .A. "Park Impi-m(en'ient DIF" means the Park Impact Fee for park improvenients imposed pursuant to Chapter 3.68 ofthe Municipal C.,ode, as it may be amended or superseded. "Park Land DIF" means the Park In -Lieu Fee for park land acquisition imposed pursuant to Chapter 3.68 ofthe Municipal Code, as it may be amended or superseded, "Police DIF" means the Police Impact Fee irnposed pursuant to Chapter 3.64 of the MUllicipal Code, ode, as it may be amended or superseded. "Protect:"" means the proposed mixed use, high density residential/cornnlercial development as approved and defined by Resolution 16-056 and (h-dinances 888 and 889, "Service Area" ineans that area within the City located within approximately one mile surrounding the Subject Property and more particularly identified on the map and parcel listing in Exhibit (". "Subject property" means the real property that is the subject of the, Pro�jcct Approvals and as legally described in Exhibit A to this Agreement. "'Ferm" shall have the meaning ascribed to it in Secti on 6 below, Section 2. Recitals. The recitals are part ofthis Agreernent and shall be enforceable as any other provision ofthis Agreement. Section 3. Interest of Property Owner. Each Property Owner warrants and represents that, as ofthe Effective Date, it has or will have legal title tel or an equitable interest in a portion of the Subject Property, as specified fbi- each property Owner in Exhibit A hereto" that it has full legal 1� 177929 Q 9088 � 2 3 123 �,000 12 1304 3.4 � 1) doc D4—Pg 15 right to enter into this Agreement; and that the persons executing this Agreement on behalf of each Property Owner have been duly authorized to do so. Section 4. Binding Effect of Agreement. Property Owners hereby subject the Project and the Subject Property to the covenants, reservations, and restrictions as set forth in this Agreement. The City and the Property Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the Iand and shall pass to and be binding upon each Property Owner's successors and assigns in title or interest to the Subject Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Subject Property 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. The City and Property Owners hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Subject Property by Property Owners and the future occupants of the Subject Property, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Section 5. Relationship of Parties. It is understood that the contractual relationship between City and Property Owners is such that City and each Property Owner are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever. Section 6. Term of Agreement. The initial term of this Agreement (the "Term") shall commence on the Effective Date and shall expire eight (8) years thereafter. The initial Term shall be automatically extended for an additional three (3) years if, prior to expiration of the initial Term, building permits have been issued for at least 1,000 dwelling units within the Project. If the Term has been so extended, it shall be automatically extended again for an additional three (3) years if, prior to expiration of the extended eleven -year Term, building permits have been issued for at least 1,600 dwelling units within the Project. (Reference in this Agreement to the "Term" shall mean the initial Term and as such Term may be automatically extended in accordance with this Section 6.) Section 7. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulting in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the City's and Property Owners' intent here to cure that deficiency by acknowledging and providing that Property Owners shall have the right (without obligation), subject to the provisions of this Development Agreement, to complete the Project in such order and at such rate and at such times as Property Owners deem appropriate within the exercise of their subjective business judgment. Section 8. If a Property Owner should sell, mortgage, hypothecate, assign, or transfer (collectively "transfer" in this Section) the Subject Property or any portion thereof to any person or entity at any time during the Term of this Agreement, such transfer shall be deemed to include # 177929 v2 9088.12 4 1 123 l -0001\2 l 30434v9,doc D4—Pg 16 an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Subject Property so transferred. Following not fess than thirty (30) days prior, written notice to the City, the written assumption by the assignee of all of the obligations of Property Owner under this Agreement pursuant to any such transfer shall relieve Property Owner, without any act or concurrence by the City, of its legal duty to perform under this Agreement except to the extent that Property Owner is in default (subject to applicable notice and cure periods) with respect to any such obligations that accrued prior to the proposed transfer. Section 9. General Rights, Standards and Restrictions Pertaining to Development of the Project. The following specific rights and restrictions shall apply to the use of the Subject Property pursuant to this Development Agreement: A. Property Owners shall have the right to develop the Project on the Subject Property in accordance with the terms and conditions of the Project Approvals and this Agreement, and City shall have the right to control development of the Subject Property in accordance with the provisions of the Project Approvals and this Agreement. B. The type, density, intensity, configuration of uses allowed, size, and location of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, including, but not limited to landscaping, irrigation, sidewalk, and drive approaches, together with other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and this Agreement. C. The term of all tentative subdivision maps approved with respect to the Subject Property shall be extended for not less than the Term of the Development Agreement, as permitted by Government Code Section 66452.6. D. Each tentative map prepared for portions of the Subject Property comprised of any residential subdivision shall comply with the provisions of Government Code Section 66473.7. Section 10. Effect of City Regulations on Development of Project. Except as expressly provided in this Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Rancho Cucamonga .Municipal Code and Development Code, in effect as of the Effective Date of this Development Agreement, shall apply to the construction and development of the Project and Subject Property. A. The provisions of this Section shall not preclude the application to the development of the Project and the Subject Property of those changes in City ordinances, regulations, plans, or specifications that are (i) specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions, (ii) required to ensure public safety and are made applicable throughout the City, or (iii) are required to ensure access under the Americans with Disabilities Act: In the event such changes prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. #177929 v2. 9088.12 5 11231-0001\2130434v9.doc D4—Pg 17 B. Except as provided below, the payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be in the amounts in effect at the time application is made for such approvals or permits and such amounts may increase over time. However, the Community and Recreation Center DIF, Park Improvement DIF and Park Land DIF, Library DIF, Police DIF, and the public art requirements applicable to the Project pursuant to Chapter 17.124 of the Municipal Code and Ordinance No. 912 shall not increase during the Term of this Development Agreement. C. Prior to the issuance of the first building permit for the Project, Property Owners shall submit an analysis to the City documenting the traffic impact nexus of the Project's for -sale single-family detached units and condominium units relative to the "Residential Multi -Family Attached" product for the purpose of calculating development impact fee rates. This analysis shall indicate definitive parameters that would be used in making the determination of whether these units should be considered "Residential Multi -Family Attached" during the permitting phase for each development. If the City Council finds, based on its review of the aforementioned analysis, that the traffic impacts caused by single-family detached units and/or condominium units are similar to those caused by multi -family units, then the City will use the rate for "Residential Multi - Family Attached" units in calculating the development impact fees for those for -sale single-family detached units and/or condominium units addressed in the analysis. As to development. impact fees other than Transportation, City shall rely on the previously adopted City of Rancho Cucamonga Development Impact Fee Study Report (Colgan Report) dated April 22, 2014 to make its determination. as to the application of development impact fees to proposed development. D. City may apply to the.Project any and all new health and safety regulations (e.g., fire, building, and seismic, plumbing, and electric codes) that become applicable to the City as a whole after the Effective Date. Section 11. Joint Use Public Facility A. Land Dedication. Property Owners will make an irrevocable offer of dedication to the City of approximately 1.75 net acres of land for the JUPF generally located within Planning Area N-13 at the intersection of 7"' Street and a future street expected to be named the "Resort Parkway," as shown on Exhibit B to this Agreement (the "Parcel"). City shall provide no additional consideration for the Parcel beyond the promises and covenants made in this Agreement. The City shall be responsible for all operations and maintenance costs of the JUPF. The offer of dedication shall occur by separate instrument within ninety (90) days after (i) Property Owners have completed full public street improvements adjacent to the Parcel, including but not limited to all wet and dry utilities within the street stubbed to the Parcel boundary that are customary for development of the Parcel or (ii) Property Owners have obtained a building permit for the 2,0001h residential dwelling unit within the Project, whichever occurs first. Prior to the offer of dedication of the Parcel, Property Owners shall remove excess soils from the Parcel to match the grade of the adjoining public streets. City shall be solely responsible for any over -excavation and re -compaction of the soils on the Parcel. If Property Owners fail to irrevocably offer to dedicate the Parcel as of the date required by this paragraph, Property Owners shall not seek and City shall not approve any further building permits for residential units in the Project until the irrevocable offer of dedication has occurred and the offer has been accepted by #177929 v2 9088.12 6 11231-00011213 0434 v9. doc D4—Pg 18 the City Council, provided that the City shall also have available all remedies under law in connection with the Property Owners' failure to dedicate the Parcel, including specific performance. The City Council shall accept the irrevocable offer of dedication within sixty (60) days after the date the Property Owners have completed the public street improvements described above in this Section I LA and submitted the irrevocable offer of dedication to the City. B. Full Amount. The parties agree that the estimated cost of designing, building, and furnishing the JUPF as of the Effective Date is $11,000,000 (the "Full Amount"). Commencing on the one year anniversary of the Effective Date and each 12 months thereafter (each, an "Adjustment Date"), the Full Amount shall be adjusted based upon the percentage change in the Engineering News Record Construction Cost Index for Los Angeles County (the "Index") for the twelve-month period ending in the month preceding the Adjustment Date. The annual adjustment of the Full Amount shall cease when Property Owners have completed the required work on and abutting the Parcel described in Section I I.A, made the irrevocable offer of dedication of the Parcel, and paid the Outstanding Full Amount. For purposes of this Agreement, the "Outstanding Full Amount" shall mean the Full Amount, as adjusted each Adjustment Date, less (i) the amount of "Offset DIFs" (defined below) received by the City prior to payment of the Outstanding Full Amount and (ii) interest earnings on the funds deposited in the special fund described in Section l I.0 below, if the City elects to retain such funds in an interest-earning account, less reasonable costs related to the administration of the account. The "Offset DIFs" means (i) the amount for Police DIFs, Library DIFs, Community and Recreation Center DIFs paid within the Project and (ii) the amount of Police DIFs, Library DIFs, and Community and Recreation Center DIFs collected within the Service Area following the Effective Date. City shall diligently pursue the collection of all Offset DIFs within the Service Area. Commencing on the one year anniversary of the Effective Date and each 12 months thereafter, City shall provide Property Owners with a written statement of the number of building permits issued within the Service Area and the type and extent of the development for which such building permits were issued. In no case will the Offset DIFs exceed the Full Amount. C. Funding. The then current Outstanding Full Amount shall be paid by Property Owners concurrent with, or prior to, the issuance of a building permit for the 2,0001h residential dwelling unit within the Project. City shall deposit all payments of Offset DIFs within the Project and the payment of the Outstanding Full Amount made by Property Owners in a special fund from which disbursements may be made by the City solely for the design, construction, and furnishing of the JUPF. D. Construction Schedule. City shall commence construction of the JUPF within eighteen (18) months of Property Owners' irrevocable offer of dedication of the Parcel and full payment of the Outstanding Full Amount. City's delay or failure to commence construction as of that date shall neither delay nor hinder development of the Project. E. DIF Deposit. Property Owners' payment of the Outstanding Full Amount shall constitute a deposit against payment of all Police DIFs, Library DIFs and Community and Recreation Center DIFs for the remaining residential units within the Project and the remaining non-residential building construction within the Project that would otherwise be subject to such DIFs not to exceed a total of 3,450 residential units and 220,000 square feet of non-residential construction within the Project. At the time such deposit is exhausted, Property Owners shall be #177929V2 9088.12 7 11231-000112130434v9.doc D4—Pg 19 responsible for paying all DIFs for the remaining residential units and non-residential building construction or part thereof within the Project. Such deposit against payment of the Police DIFs, Library DIFs and Community and Recreation Center DIFs shall apply irrespective of the expiration or earlier termination of this Agreement. Such deposit, however, shall not be transferable for use outside the Project and shall not be available for reuse within the Project for a residential unit or non-residential construction on a parcel for which the deposit had been used previously. Section 12. Public Art. Property Owners agree to participate in the City's Public Art Program and comply with all requirements of Chapter 17.124 of the Municipal Code and Ordinance No. 912. Section 13. Recreation Facilities. A. Camp Improvements. Property Owners shall improve an approximately 1.30 -acre private park within Planning Area N-15 (the "Camp") with the development of Phase 2 of the Project (north of 6`h Street) and not later than the issuance of a building permit for the 2,000" dwelling unit within the Project. B. Formation of Property Owners Association. Prior to issuance of the first building permit for the Project, Property Owners shall record a declaration of covenants, conditions and restrictions ("CC&Rs") for the Subject Property that forms a master property owners association (the "Association") and obligates the Association to maintain, among other things, the following improvements: (i) parkways (i.e., curb to right-of-way line); (ii) the non -vehicular portions of the roundabout (i.e. the center) areas along the public streets and roads; and (iii) the Camp in accordance with the requirements described in the following sub -section. The CC&Rs shall be in form and substance reasonably satisfactory to the City Attorney and, with respect to the above -referenced improvements, shall not be subject to amendment without the City's reasonable consent. C. Camp Maintenance. Until the Association becomes operational, Property Owners shall own the Camp and maintain the Camp in good condition and repair. Once the Association becomes operational, the Camp shall be deemed part of the Project's common area and shall be maintained by the Association. The costs of maintenance of the Camp shall be the responsibility of the Property Owners and the Association and the City shall bear no costs for such maintenance. Section 14. Annual Review. During the term of this Development Agreement, City shall annually review the extent of good faith compliance by Property Owner with the terms of this Agreement. Property Owner shall file an annual report with the City indicating information regarding compliance with the terms of this Agreement no later than January 7 for the previous calendar year, commencing January 1, 2019. Section 15. Indemnification and Legal Challenge. To the maximum extent permitted by law, each Property Owner must defend, indemnify, and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees ("Indemnitees") harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Property Owner's activities in connection with the 4177929 r2 9088.12 S [1231-0001\2 130434v9,doc D4 --Pg 20 development and/or construction of the Project, and which may arise from the direct or indirect operations of the Property Owner or those of the Property Owner's contractors, agents, tenants, employees or any other persons acting on Property Owner's behalf, which relate to the development and/or construction of the Project.'This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. Each Property Owner shall also defend, indemnify and hold the Indemnitees harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or related to the Property Owner's failure, or any of its contractor's failure, to pay prevailing wages pursuant to Labor Code Section 1720 et seq. in connection with construction of the Project and associated public and private improvements. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to the Project including, without limitation, the City's General Plan, Zoning Ordinance, or any other supporting document relating to the Project, the applicable Property Owner must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. The City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third -party challenge or take any position adverse to the Property Owner in connection with such third -party challenge. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the Property Owner may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof. This Section shall survive the expiration or earlier termination of this Agreement. Section 16. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code § 65868, et seq., or successor provisions thereto. Section 17. Enforcement. In the event of a default under the provisions of this Agreement by a Property Owner, City shall give written notice to the Property Owner (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is served on the Property Owner, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within said thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Property Owner), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of the Property Owner growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Property Owner of any provision of this Agreement, or apply for such other relief as may be appropriate. #177929v2 9088.12 9 1123 1-0001 \12130434v9. doc D4—Pg 21 Section 18. Event of Default. A Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: A. If a material warranty, representation or statement made or furnished by the Property Owner to City set forth herein or in any document incorporated by reference herein is false or proved to have been false in any material respect when it was made; B. If a finding and determination is made by City following an annual review pursuant to this Agreement, upon the basis of substantial evidence, that the Property Owner has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as provided by this Agreement; or C. A breach by the Property Owner of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in this Agreement. Section 19. No Waiver of Remedies. City does not waive any claim of defect in performance by a Property Owner if on periodic review City does not enforce this Agreement. Nonperformance by a Property Owner shall not be excused because performance by the Property Owner 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. Subject to the provisions of Section 19, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to each party to pursue in the event that there is a breach of this Development Agreement by the other party (subject to applicable notice and cure periods). No waiver by City or a Property Owner of any breach or default under this Development Agreement by the other party shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Section 20. City Not Liable For Damages. It is acknowledged by the parties that the City would not have entered into this Agreement if it could be held liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorney's fees in accordance with this Agreement, the City shall not be liable in damages to the Property Owners, or to any assignee, transferee, or any other person, and the Property Owners covenant on behalf of itself and its successors in interest not to sue for or claim any damages: A. For any breach of this Agreement; B. For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; C. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or D. For any injury to or interference with the rights of the property owner, allegedly or actually arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise of any rights under this Agreement. The parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall 4177929v2 9088.12 10 1123 1 -000 1 \7130434v9.doe D4—Pg 22 be modified or suspended to the extent required by Government Code Section 65869.5 and Property Owner's right to seek specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case the Property Owners' principal remedy shall lie in reformation of this Agreement Section 21. Rights of .Lenders Under this Agreement. Should a Property Owner 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 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 the Property Owner under this Agreement, or cure any default of the Property Owner under this Agreement within the time limits set forth in this Agreement, and any such act or thing done or performed by Lender or cure shall be as effective as if done by Property Owner; 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 (hereinafter referred to as "a trust deed"); C. Transfer, convey or assign the title of the Property Owner to the Subject Property 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 the Property Owner 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. Should any Lender require or request an amendment of this Agreement in respect of the rights and remedies granted to a Lender, City hereby agrees to consider such an amendment in good faith and in accordance with state and local law so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City in respect of a default by the Property Owner hereunder. Section 22. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Property Owner to Lender (if known by City) simultaneously with such notice of default City gives to Property Owner and afford Lender the opportunity after receipt of service of the notice to: A. Cure the breach or default within thirty (3 0) days after service of said notice, where the default can be cured by the payment of money; B. Cure the breach or default within thirty (30) days after service of said notice where the breach,or default can be cured by something other than the payment of money and can be cured within that time; or C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be 4 177929 v2 9088.12 1.1 11231-000112130434v9.doc D4—Pg 23 performed within thirty (30) days,after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. Section 23. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by a Property Owner by commencing proceedings to foreclose its encumbrance or lien on the Subject Property. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by the Property Owner unless: A. They are commenced within thirty (3 0) days after service on Property Owner (and on Lender if Lender's address is provided by notice to the City pursuant this Agreement) of the notice described hereinabove; B. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C. Lender keeps and performs all of the terms, covenants, and conditions of this Agreement requiring the payment or expenditure of money by the Property Owner until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. Section 24. Notice. 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. To SC Rancho Development Corp. 1156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention: Mr. Bryan T. Goodman To Empire Lakes Holding Company: 1156 N. Mountain Avenue Upland, California 91786 Fax: (909) 949-6700 Attention: Mr. Bryan T. Goodman To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California Attention: City Manager Section 25. Attorneys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees and experts' fees incurred during the proceeding (including appeals) as may be fixed within the discretion of the court. #177929v2 9088.12 12 11231-000112130434v9.doc D4 --Pg 24 Section 26. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. Section 27. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the Iaws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of San Bernardino, California. Section 28. 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. Section 29. Recordation. The City Clerk shall record this Agreement in the Official Records of the County Recorder of the County of San Bernardino within ten (10) business days following the Effective Date. Upon the expiration of the terms of this Agreement and the request of the Property Owners, the City will execute and deliver, in recordable form, an instrument confirming that this Agreement is terminated and of no further force or effect. Section 30. Force Majeure. In the event that any party hereto shall be delayed or hindered or prevented from perfonnance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this Section 30. Section 31. Integrated Agreement. This Development Agreement consists of this Agreement together with all Exhibits attached hereto, and all of the same are hereby incorporated by reference. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect. Section 32. Time of Essence. Time is of the essence in every provision hereof in which time is a factor. Section 33. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Property Owners. The anticipated refinements to the Project may demonstrate that clarifications to this Agreement and the Project Approvals are appropriate with respect to the implementation of this Agreement and the Project Approvals. If, when, and as it becomes necessary or appropriate to take implementing actions or make such changes, adjustments or clarifications, the Parties may effectuate such actions, changes, adjustments or clarifications through an operating memorandum ("Operating Memorandum') approved by the parties in writing which references this Section 33. Such Operating Memorandum shall not require public notices and hearings or an amendment to this Agreement unless it is required by Section 16 above. The City Manager shall be authorized, after consultation with and approval of Property Owners, to determine whether a requested adjustment, clarification or implementing action (i) may 4177929 v2 9088.12 13 1123 1-000 k2130434v9.doc D4—Pg 25 be effectuated pursuant to this Section 33 and is consistent with the intent and purpose of this Agreement and the Project Approvals or (ii) is of the type that would constitute an amendment to this Agreement and thus would require compliance with the provisions of Section 16 above. The authority to enter into such Operating Memorandum is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any Operating Memorandum hereunder without further City Council action. [Signature Page Follows] #177929v2 9038.12 14 1123 1-0001\2 130434v9,doc D4—Pg 26 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. CITY OF RANCHO CUCAMONGA, a Municipal Corporation Dated: ATTEST: Dennis L. Michael Mayor Janice C. Reynolds City Clerk Approved as to form: James L. Markman City Attorney 4177929 v2 9088.12 15 11231-000112130434v9.doc SC RANCHO DEVELOPMENT CORP., a California corporation By: Name: Its: Authorized Agent EMPIRE LAKES HOLDING COMPANY, LLC, a Delaware limited liability company By. North Mountain Corporation, a California corporation, its Manager By: Name: Its: Authorized Agent Dated: D4—Pg 27 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 #177929v2 9088.12 16 1123 l -0001 \2130434v9.doc D4 --Pg 28 (Seal) 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. #177929 Q 9088.12 11331-000113130434v9,doc D4—Pg 29 (Seal) 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 9177929 v2 9098.12 A-1 11231-0001 V 130434v9.doe D4 --Pg 30 (Seal) EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY A. PROPERTY OF SC RANCHO DEVELOPMENT CORP PARCEL B OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS " DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL 1 AND PARCEL -12, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BOTH OF PARCEL MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 12, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SIXTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°31'48" EAST 609.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89°31'48" EAST 607.85 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 0°05'22" EAST 384.51 FEET AND ALONG THE EASTERLY LINE OF SAID PARCEL I THE FOLLOWING EIGHT (8) COURSES: SOUTH 5020'33" WEST .599.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°36'46", AN ARC LENGTH OF 129.21 FEET; SOUTH 34057'19" WEST 893.24 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 39°30'42", AN ARC LENGTH OF I24.13 FEET; SOUTH 74028'00" WEST 207.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 250.00 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°44'26", AN ARC LENGTH OF 142.86 FEET; SOUTH 41043'34" WEST 449.75 FEET; SOUTH 0037'21" WEST 154.21 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID NORTHERLY RIGHT-OF-WAY, NORTH 89°22'39" WEST 40.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET; #177929v2 9088.12 A-2 1123 l -000112 l 30434v9.doc D4-P.g 31 THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4°01'11", AN ARC LENGTH OF 23.78 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 0°3721" EAST 360.30 FEET; THENCE SOUTH 89°53'31" WEST 372.27 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 0006'32" WEST 738.67 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89Q45'13" EAST 342.95 FEET; THENCE SOUTH 490 10'44" EAST 275.70 FEET; THENCE NORTH 40049'16" EAST 694.51 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 40°21'04", AN ARC LENGTH OF 422.55 FEET; THENCE NORTH 0028'I2" EAST 695.14 FEET TO THE TRUE POINT OF BEGINNING. 4177929 Q 9088.12 A-3 1 123 1-000 112 1 30434 v 9. doc D4 -Pg 32 B. PROPERTY OF EMPIRE LAKES HOLDING COMPANN' [==a PARCEL 13 OF PARC T1 MSII NO. W647, IN THE CITY OFRA' CIO CUC'AMONGA, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA, AS PER MAP RFC ORDE'D IN BOOK 177, PAGES 90 1 HROUGH 96, 'INCL I-ISPYT, OF rvIAPS, IN THE OF`FICF OFTHE COIJN'IY RECORDER OF SAID COUNTY, AND AS ANTENDI'D BY CERTIFICATE OF CORRECTION Rl'CORDED OCTOBER 25, 1995 AS INS FRUNIFN r NO: . 9,5- 369354 OF 011FICIA1, 1000RDS. PARCEL B: PARCEL A 01" LOT LINJ." ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUME'NT NO. 2017-0256645 IN THE OFFICIAL REC.'ORDS OF SAN BI: RNARDINO COUNTY, CALIFORNIA, NICIRF.' PARTICULARLY DESCRIBIJ) AS FOLI f)WS: THOSE PORTIONS Of" PARCEL I AND PARCEL 12,1301'11 OF PARCI-J. MAP NO. 14647, AS PER MAP FILED IN BOOK 177, PAGES 90 -1 HROUGH 96 01 -PARCEL, MAPS, AND ALI-, OF PARCEI.."B" OF'C'ER-FlFICATE OF CONIPLIAN(Ai FOR LOT LINE ADJUSTME',NT No. 400, RECORDED Si"TTEMBER 18, 1997, AS INS`I'RLJNII-',NI' NO, 97-0344260, ALL IN THE CITY OF RANCHO CUCAMONGA, COUNTY 01: SAN BERNARDINO, S FATTOf"CALIFORNIA, BEING MORE PAWEICULARLY DESCRIBED AS FOLLOWS: BEGINNING AJA IIF'N'(",)R"I'IIWI.,"S'I'ERI,.Y('ORNEROJ°'SAII)I)ARC'I:t "B", SAID POINEALSOBLIN(j'IfIf" BEGINNIN(.3 OF A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 24.00 FFTT, A RADIAL BEARINC;TO SAID POINT' BEARS sourij 89"'53'28" WEST; TI-IFNCF NORTHEASTERLY ALONG SAID CURVI", THROUGH A CENTRAL ANGLE OF 90-34,44", AN ARCI-ENGTH OF 37.94 FIST TO A POINTON THE NORTHERLY LINE, OF SAID PARCEL "B", SAID POINT ALSO BEING ON SOUTHFRLY RIGHT-OF-WAY OFSIX TII STREET, AS SHOWN ON SAID MAP; I'LIENCE ALONG SAID SOUTHERLY RIGIFE-OF-WAY, SOUTH 89"31'48" LAST 303.28 FIHET 1-0 THE BE'(ANNING OF' ATAN(.;FNTCURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 406.25 FEET; TIIE'NCE EAST13RLY ALONG SAID CURVE, THROUGH A CI--'NTRAI, ANGLE' OF 6-,,21'35", AN ARC' LENG"I'll OF 45.09 f'EE"I'TOTHE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF406.25 FEI'T, A RADIAL BEARING TO SAID POINTBEARS NORT'll 604947 FAs'r; THENCE" EASTERLY ALONG SAID CURVE, 'ITIROUGH A CENFRAL ANGLE OF 6-2135", AN ARC LENG`I-H OF 45,09 FEET; THENCE, CON] INUING ALONG SAID SOUTHERLY RIGHT -01 -WAY, SOITI'll 89"'31 "48" EAST" 1:;32.55 FFEl- TOTHEI NORTFIE'ASTERLY CORNER OF SAID PARCEL "B"; THENCE NORTH W06'32" WEST 5.00 FETT'l 0 THE NOKITI WE'S ]"CORNER OF SAID PARCEL 12; 111ENCT, CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 89-31'48" EAST 609.96 FFET; THENCT LEAVING SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 00-2812" WEST 695.14 FEEJ—TO`HFF BEGINNING OF A,rANGF1'N'E(JJRVE, CONCAVE NORTFJWFS TERLY AND HAVING A RADIuS OF 600.00 14"E'r; THENCE SOUTHWESTERLY ALONG SAID (.J.JRVf`, THROUGH A CENTRAL. ANGI-E Of, 40"21'04", AN ARC LENGTH OF 42155 FETT; FHENCE SOUTH 40"49'16" WEST694.51 I"EFT; '� P7929 v2 9(bgS 12 A-4 1123t -00M 21304140,dm D4 -Pg 33 THENCE NORTH 49°10'44" WEST 275.70 FEET; THENCE SOUTH 89045'13" WEST 342.95 FEET TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE NORTH 0°06'32" WEST, ALONG SAID EASTERLY LINE, 1414.52 FEET, TO THE POINT OF BEGINNING. PARCEL C: PARCEL C OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 14647, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 177, PAGES 90 THROUGH 96 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, SAID POINT BEING ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN RESOLUTION NO. 94-225 RECORDED FEBRUARY 28, 1995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG THE WEST LINE OF SAID PARCEL 1, NORTH 0°06'32" WEST 328.42 FEET; THENCE, LEAVING SAID WEST LINE, NORTH 89°53'31" EAST 372.27 FEET; THENCE SOUTH 0037'21" WEST 360.30 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 4038'32" WEST, SAID BEGINNING ALSO BEING A POINT ON THE NORTHERLY RIGHT- OF-WAY OF FOURTH STREET, AS SHOWN ON SAID PARCEL MAP; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3°36'31", AN ARC LENGTH OF 21.35 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 339.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 8015'02" EAST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7°37'41", AN ARC LENGTH OF 45.13 FEET; THENCE NORTH 8922'39" WEST 281.79 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY, NORTH 41'41'31" WEST 29.75 FEET TO THE POINT OF BEGINNING; SAID LAND IS ALSO SHOWN AS PARCEL C, PURSUANT TO LOT LINE ADJUSTMENT NO. LLA2017- 00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 2017-0256645 IN THE OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. #177929 v2 9088.12 A-5 1123 l -000112 130434v9.doc D4 -Pg 34 I1eisl5esvdary M2 #177929 v2 9088.12 1.1231-0001 \2130434v9.doc EXHIBIT B LOCATION OF DEDICATED LAND r PbhnIXrl iednxlih ` Mne[ ITYPI ` \ --•---}bJ4 f YN �� p�KK i s I 1 CONCEPTUAL SITE PLAN (11.22.17) The Resort Rancho Cucamonga, CA Lewis Group of Companies B-1 D4 -Pg 35 '�^yam/�� WMNfIon lTya) 41, I y Y �!X w Ig g�-I-�m7-!rc;nn'jMreueu�an th�7 r^"'uLUc�[frrvk I •�1 sa6e YN J �s --•---}bJ4 f YN �� p�KK i s I 1 CONCEPTUAL SITE PLAN (11.22.17) The Resort Rancho Cucamonga, CA Lewis Group of Companies B-1 D4 -Pg 35 EXHIBIT C SERVICE AREA PARCEL LISTING AND MAP Zone 1— Sub'ect 0208-052-32 0208-053=26 Property 0208-052-33 0208-053-27 0209-272-20 0208-052-34 0208-053-28 0210-082-91 0208-052-35 0208-053-29 0210-082-92 0208-052-36 0208.053-30 0210-082-93 0208-052-37 0208-053-3.1 0208-052-38 0208-053-32 Zone 2 — Service Area 0208-052-39 0208-053-33 208-052-01 0208-052-40 0208-062-01 0208-052-02 0208-052-41 0208-062-02 0208-052-03 0208-05242 0208-062-03 0208-052-04 0208-052-43 0208-062-04 0208-052-05 0208-052-73 0208.062-05 0208-052-06 0208-053-01 0208-062-06 0208-052-07 0208-053-02 0208-062-07 0208-052-08 0208-053-03 0208-062-08 0208-052-09 0208-053-04 0208-062-09 0208-052-10 0208-053-05 0208-062-10 0208-052-11 0208-053-06 0208-062-11 0208-052-12 0208-053-07 0208-062-12 0208-052-13 0208-053-08 0208-062-13 0208-052-14 0208-053-09 0208-062-14 0208-052-15 0208-053-10 0208-062-15 0208-052-16 0208-053-11 0208-062-16 0208-052-17 0208-053-12 0208-212-01 0208-052-18 0208-053-13 0208-212-02 0208-052-19 0208-053-14 0208-212-03 0208-052-20 0208-053-15 0208-212-04 0208-052-21 0208-053-16 0208-212-05 0208-052-22 0208-053-17 0208-212-06 0208-052-23 0208-053-18 0208-212-07 0208-052-24 0208-053-19 0208-212-08 0208-052-25 0208-053-20 0208-212-09 0208-052-26 0208-053-21 0208-212-10 0208-052-27 0208-053-22 0208-212-11 0208-052-28 0208-053-23 0208-212-12 0208-052-29 0208-053-24 0208-212-13 0208-052-30 0208-053-25 0208-212-14 0208-052-31 #177929v2 9088.12 C-1 11231-000112130434v9.doc D4—Pg 36 0208-212-15 '0208-212-58 0208-213-33 0208-212-16 0208-212-59 0208-213-34 0208-212-17 0208-212-60 0208-213-35 0208-212-18 0208-212-61 0208-213-36 0208-212-19 0208-212-62 0208-213-37 0208-212-20 0208-212-63 0208-213-38 0208-212-21 0208-212-64 0208-213-39 0208-212-22 0208-212-65 0208-213-40 0208-212-23 0208-212-66 0208-213-41 0208-212-24 0208-212-67 0208-213-42 0208-212-25 0208-212-68 0208-213-43 0208-212-26 0208-213-01 0208-213-44 0208-212-27 0208-213-02 0208-213-45 0208-212-28 0208-213-03 0208-213-46 0208-212-29 0208-213-04 0208-213-47 0208-212-30 0208-213-05 0208-213-48 0208-212-31 0208-213-06 0208-213-49 0208-212-32 0208-213-07 0208-213-50 0208-212-33 0208-213-08 0208-213-51 0208-212-34 0208-213-09 0208-213-52 0208-212-35 0208-213-10 0208-213-53 0208-212-36 0208-213-11 0208-213-54 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0208-213-81 0208-214-42 0208-215-03 0208-213-82 0208-214-43 0208-215-04 0208-214-01 0208-214-44 0208-215-05 0208-214-02 0208-214-45 0208-215-06 0208-214-03 0208-214-46 0208-215-07 0208-214-04 0208-21447 0208-215-08 0208-214-05 0208-214-48 0208-215-09 0208-214-06 0208-214-49 0208-215-10 0208-214-07 0208-214-50 0208-215-11 0208-214-08 0208-214-51 0208-215-12 0208-214-09 0208-214-52 0208-2.15-13 0208-214-10 0208-214-53 0208-215-14 0208-214-11 0208-214-54 0208-215-15 0208-214-12 0208-214-55 0208-215-16 0208-214-13 0208-214-56 0208-215-17 0208-214-14 0208-214-57 0208-215-18 0208-214-15 0208-214-58 0208-215-19 0208-214-16 0208-214-59 0208.215-20 0208-214-17 0208-214-60 0208-215-21 0208-214-18 0208-214-61 0208-215-22 0208-214-19 0208-214-62 0208-215-23 0208-214-20 0208-214-63 0208-215-24 0208-214-21 0208-214-64 0208-215-25 0208-214-22 0208-214-65 0208-215-26 0208-214-23 0208-214-66 0208-215-27 0208-214-24 0208-214-67 0208-215-28 0208-214-25 0208-214-68 0208-215-29 0208-214-26 0208-214-69 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