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HomeMy WebLinkAbout2017-09-27 - Agenda Packet - PC-HPCSEPTEMBER 27, 2017 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 Fletcher 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 individuals embers 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 September 13, 2017 Page 1 of 5 %1" 1 GIYIuPCR L f . ACV 1 / HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. D1. SELECTION OF COMMISSION REPRESENTATIVE TO SERVE ON THE PUBLIC ART COMMITTEE 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. E1. PUBLIC SCOPING MEETING FOR ENVIRONMENTAL IMPACT REPORT (EIR) FOR GENERAL PLAN AMENDMENT DRC2015-00749, NORTH EASTERN SPHERE ANNEXATION SPECIFIC PLAN DRC2015-00751, ZONING MAP AMENDMENT DRC2015- 00752, AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015-00750 - CITY OF RANCHO CUCAMONGA - An opportunity for the public to give testimony pertaining to the environmental issues to be addressed in the preparation of an Environmental Impact Report (EIR) for approximately 4,115 acres to be annexed into the City of Rancho Cucamonga, which proposes to maintain the northerly 2,915 acres as a "conservation priority area" with limited development and transfer of development rights, and to allow development in the southerly 1,200 acre "development priority area" with land uses to include conservation, residential, commercial, and civic for a project area extending from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere -of -Influence - APNs: 0201-033-32, -35 through -40, -43, and -44, 0201-191-27 and -28, 0201-272-14 through -18, 0201-281-02, -04 through -10, -13, -14, -16 through -22, 0225-091-03, 05, and -06, 225-092-01, 0225-101-32, 0225-152-06 through -11, and -17, 0225-161-42, 0226-061-03, -07, -16, -20, -26, -27, -28, -33, -47, -56, - 57, -61 through -71, -73 through -78, 0226-082-08, -19, -20, -21, and -30, 1074-351-01, -04, - 05, and -06, 1087-051-02 through -14, -16 through -27, 1087-061-01 through -21, and 1087- 071-01 through -14, and 16 through -21. Page 2 of 5 SEPTEMBER 27.2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E2. MUNICIPAL CODE AMENDMENT DRC2017-00725 — CITY OF RANCHO CUCAMONGA - A request to amend Titles 8 and 17 of the Municipal Code to amend regulations regarding cannabis activity within the City. 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 City Council for final action. E3. MUNICIPAL CODE AMENDMENT DRC2017-00726 — CITY OF RANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Municipal Code to modify parkway landscaping requirements, adopt revised State water efficient landscape standards, and amend the conditionally permitted zones for indoor entertainment and recreation uses. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under CEQA Section 15061(b)(3). This item will be forwarded to the City Council for final action. E4. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00695 — RANCHO CUCAMONGA PROPERTIES, LLC - A request for site plan and architectural review of two industrial buildings totaling 150,003 square feet on two separate parcels totaling 7.52 acres of land, located north of 8th Street and west of Industrial Lane in the General Industrial (GI) District - APNs: 0209-032-28 & 0209-032-29. Staff has a prepared a Mitigated Negative Declaration of environmental impacts for consideration. 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 September 21, 2017, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Page 3 of 5 SEPTEMBER 27.2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 SEPTEMBER 27, 2017 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.CityofRC.us. Page 5 of 5 Vicinity Map Historic Preservation and Planning Commission Meeting SEPTEMBER 27, 2017 - ------------- .� L 1 a U Q 2 b V t i 4 3ase Line i-%! J r�Y 1 ChUfCh 1 Arrow m V of V Sth -- — — — o' wI I _ _ i O �\ N r y a C'1 6 rn c ',� I6th W L y Y I 4th Q S ---- ........ E-4 Line Church Foothill N Arrow A 'A' Meeting Location: City Hall/Council Chamber: 10500 Civic Center Drive Item D-1: Selection of Commission Representative for Public Art Committee (Citywide) Item E-1: Public Scoping/NESAP (Map is for conceptual/approximate purposes only) Item E-2: Municipal Code Amendment (Citywide)- Cannabis Item E-3: Municipal Code Amendment (Citywide) - Water, landscape standard, CUP zone re: indoor entertainment & recreation uses Item E-4: Design Review DRC2016-00695 SEPTEMBER 13, 2017 HISTORIC 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 Pledge of Allegiance 7:00 P.M. Roll Call: Chairman Oaxaca X Vice Chairman Macias A Commissioner Fletcher _X_ Commissioner Munoz _A_ Commissioner Wimberly _X_ Additional Staff Present. Candyce Burnett. City Planner, Nick Ghirelli, Assistant City Attorney; Tom Grahn, Associate Planner; Donald Granger, Senior Planner. Brian Sandona. Associate Engineer, Lois Schrader, P7-rnnimg Commission Secretary: Tabe van der Zwaag. Associate P^ , 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 individuals embers 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 Page 1 of 8 C1—Pg1 SEPTEMBER 13, 2017 HISTORIC 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. C1. Consideration to adopt Regular Meeting Minutes of August 23, 2017 Moved by Fletcher, seconded by Wimberly, carried 3-0-2 (Macias, Munoz absent), to adopt the Regular Meeting Minutes of August 23, 2017 D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. D1. STATUS UPDATE REGARDING PREPARATION OF THE NORTH EASTERN SPHERE ANNEXATION PROJECT - Including General Plan Amendment DRC2015- 00749, Etiwanda North Specific Plan Amendment DRC2015-00750, North Eastern Sphere Annexation Specific Plan DRC2015-00751, Zoning Map Amendment DRC2015- 00752, and related Environmental Impact Report. Tom Grahn, Associate Planner gave the staff report. David Sargent of Sargent Town Planning, gave a PowerPoint presentation (copy on file) Ruta Thomas of Dudek summarized the CEQA process. She said no Initial Study was prepared because this project is very complex and staff believed from the start that the issues should be fully covered in an EIR that would include all the necessary technical and biological studies. She said the draft document should be released in early 2018 and other opportunities to receive public comments will occur as this process is just beginning. Commissioner Wimberly commented that although we had a workshop he questioned the presentation as it indicated to him that we are in full development mode without briefing the Commission. He asked for clarification. Candyce Burnett, City Planner said the joint workshop with the City Council was the first opportunity to give an overview of the intentions/concepts including removing the ENSP Page 2 of 8 C1—Pg2 SEPTEMBER 13, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA from the area and creating a new plan for the annexation area. She said that following the workshop, bio areas were discovered that we needed to accommodate for conservation. She said the Specific Plan is only in the conceptual phase. She said this is an opportunity to provide comments. She said the plan will be a master guiding document for future development. She noted that as new development projects come in to the plan area they will have to provide their own environmental review. She said the Plan document and environmental review will be provided at a later time: the applicant is just showing us some general styles that may be used in the future development. Commissioner Fletcher noted that the conceptual layout has changed a lot since the workshop. He asked about acreage dedicated to commercial uses as they could help the City financially. He said he likes the concept that it would be a little community on its own. He said for him it is a priority that there should be enough commercial uses so they don't have to comedown the hill for restaurants and services. He said he likes the orientation of streets with views and he would like to see an opportunity for estate size lots. He said he is generally good with the direction this is going although the expanded conservation area has taken away some opportunities. He expressed some frustration about reestablishing the area with the hope that the SBKR would return He liked the idea of Mincro-transit and connections to the Metrolink station on Milliken, He asked for clarification regarding water flow and the idea of cutting some levees. He said he would like lots of workshops on this proposal. Mr. Sargent said about 30 acres is envisioned for commercial uses and their strategy is to allow that to become bigger to allow them room to be successful. He said an additional small mixed use center "College Center" to the southwest of the main central area will be within biking distance of the college and some small or Micro -transit options could help make connections. With respect to water flows he said the levee for Day Creek is a big barrier for fire and water but some levee portions can be cut to allow some water flow to assist in reestablishing the conservation area to what it once was. He said County zoning allows housing in the upper section of the Plan area but by annexing, that will be removed from residential offering greater ability for the City to control future development. It will keep homes out of the high fire zone, help bio habitats, and prevent spotty, un-regulated development that could drain City resources. He said they are working on the documents and value the Commissioners input early -on while changes can still be made. Page 3 of 8 C1-Pg3 SEPTEMBER 13, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Oaxaca said he likes the direction so far and is optimistic. He said he favors taking advantage of incorporating standards that we could not do in other parts of the City and he said they should take advantage of the views. He expressed a little concern about the distance between the town center and mixed use development. He said this will make the Micro -transit option more important. He noted the higher fire risk further north in the City. He said he did not want to create a path for fire danger. He said the levee helps raise the level of fire protection. He said he is glad to see a pattern of density that accommodates the different types of residential development. He said he wants to see much more of the proposed plans. Mr. Sargent noted that our Fire Department keeps them thinking much about wildfire. He said "the Edge" includes fuel modification zones and will help serve as a good fire protection edge and confirmed the levees are also good barriers. He said they are preparing development standards now and there could be large -lot view homes -possibly 1-acre sites. Ms. Burnett said she appreciates the Commissioners' comments and staff will find more opportunities for them to review during the process. The Secretary received and filed the report. 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. DEVELOPMENT AGREEMENT DRC2017-00619 — DR HORTON — A request for a Development Agreement between the City of Rancho Cucamonga and DR Horton for the purpose of providing vested development rights and establishing permit thresholds and development timelines related to the construction of a mixed use project consisting of 380 residential units, a 71 room hotel and two restaurant buildings totaling 12,000 square feet, located at the southwest corner of Day Creek Boulevard and Base Line Road — APN: 1090-331-05. The City Council adopted a Mitigated Negative Declaration of Page 4 of 8 Cl—Pg4 � -r i mvimr-m i v, cv i i HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA environmental impacts for this project on July 19, 2017. The California Environmental Quality Act provides that no further environmental review of a previously adopted Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. This item will be forwarded to the City Council for final review and action. CONTINUED FROM AUGUST 23, 2017. Donald Granger, Senior Planner gave the report and recommended the item to be continued to an unspecified date as there still is not a complete agreement to bring forward. He noted the applicant was not present to comment. Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. Moved by Fletcher, seconded by Wimberly, carried 3-0-2 (Macias, Munoz absent) to continue the item to an unspecified date. E2. TENTATIVE PARCEL MAP SUBTPM19836 - YOUSEF AUDI - A request to subdivide a 0.92-acre site into 2 parcels of land in the Low (L) District at the southeast corner of Wilson Avenue and Winchester Court - APN: 0201-182-07. Staff has determined the project to be exempt from the California Environmental Quality Act under Section 15315, Minor Land Divisions. Tabe van der Zwaag, Associate Planner, gave a PowerPoint presentation (copy on file). Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. The applicant made no comment. Moved by Fletcher, seconded by Wimberly, carried 3-0-2 (Macias, Munoz absent) to adopt the Resolution approving SUBTPM19836. E3. TENTATIVE PARCEL MAP SUBTPM19796 — HARPREET VERMA - A request to subdivide 2.63 acres of land into 2 parcels in the Estate Residential (ER) District of the Etiwanda Specific Plan and the Equestrian Overlay District located at the northwest corner of Etiwanda Avenue and Amber Lane at 5992 Etiwanda Avenue - APN: 0225-111-36. Staff has determined the project to be exempt from the California Environmental Quality Act under Section 15315, Minor Land Divisions. Page 5 of 8 C1—Pg5 SEPTEMBER 13, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Tabe van der Zwaag, Associate Planner, gave a PowerPoint presentation (copy on file). Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. The applicant made no comment. Moved by Wimberly, seconded by Fletcher, carried 3-0-2 (Macias, Munoz absent) to adopt the Resolution approving SUBTPM19796. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: t, COMMISSION ANNOUNCEMENTS: Commissioner Fletcher asked about the progress and anticipated completion of development occurring on the Northwest corner of Archibald Avenue and Foothill Boulevard. Candyce Burnett, City Planner said they are meeting City timeline thresholds albeit slow; the delay may have been due to a change in ownership and/or construction teams. G. ADJOURNMENT 8:12 PM 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 September 7, 2017 seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Page 6 of 8 C1-Pg6 JGI" I CIVIDr—K 1 J, ACV I / HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Jennifer Palacios Office Specialist II City of Rancho Cucamonga 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, 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 Page 7 of 8 C1—Pg7 SEPTEMBER 13, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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.CityofRC.us. Page 8 of 8 C1—Pg8 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 27, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planne(OD INITIATED BY: Lois Schrader, Planning Commission Secretary SUBJECT: SELECTION OF COMMISSION REPRESENTATIVE TO SERVE ON THE PUBLIC ART COMMITTEE RECOMMENDATION: Staff recommends the Commission select one of its members to serve a 1-yearterm on the Public Art Committee. BACKGROUND: In 2015 the City Council set a goal to create a public art ordinance. Following a joint workshop of the City Council and Planning Commission and with subsequent feedback and assistance from the City Attorney's Office, a new chapter of the Development Code was drafted outlining requirements and standards for consideration. Following comments received from various stakeholder groups a new revised ordinance was drafted that was presented to the Planning Commission on May 24, 2017. Following their recommendation, the City Council considered and adopted the revised ordinance/Municipal Code language on June 21, 2017. ANALYSIS: The new chapters of the Municipal Code (2.26 and 3.72) and Chapter 17.124 of the Development Code are now in effect. Pertinent to implementation of the new ordinance is the formation of a Public Art Committee. The Committee 'shall consist of five members appointed by the Council as follows: (i) one member of the Planning Commission; (ii) one member of the Parks and Recreation Commission; (iii) one member of the Community and Arts Commission; and (iv) two members of the public to be appointed based on relevant work experience, trade, industry, or expertise.' One member should be selected from the Planning Commission to serve on the Public Art Committee as stipulated in Ordinance No. 912. The selected Commissioner will be responsible for participating in advising the City Council regarding the selection, purchase, placement and maintenance of art installed by the City or on City property and expenditures of any in -lieu fees or endowments collected. It is anticipated one meeting per quarter will be held initially. The first task of the Public Art Committee will be to participate in the development of the Public Art Strategic Plan. The Public Art Committee will not review art installations on private property. Art installed as a component of a project will be reviewed through the standard development review process without additional review by the committee. D1—Pg1 PLANNING COMMISSION STAFF REPORT PUBLIC ART COMMITTEE MEMBER SELECTION September 27, 2017 Page 2 FISCAL IMPACT: The development of a public art program is expected to increase City expenses in staff time and resources to include review of public art on private and City developments. Fees collected by developments choosing the in -lieu option will be used to fund art installations within publicly owned property. COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal LU-14: Support public art as an important amenity of a beautiful City It also meets City Council Goal Al to develop a public art ordinance and funding mechanism to support art within publicly accessible spaces. Additionally, the formation of the Public Art Committee plays a part in enhancing our community status in that as the community matures, undertaking a public art program enhances Rancho Cucamonga's position as the premier community in our region. EXHIBITS: Exhibit A - Ordinance No. 912 CB/LS D1—Pg2 ORDINANCE NO. 912 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CREATIVE PLACEMAKING AND PUBLIC ART A. Recitals. 1. Placemaking and public art enhances the quality of life for individuals living in, working in, and visiting Rancho Cucamonga by enhancing the physical beauty of the community; providing gathering places for residents who live in the community; encouraging the development and appreciation of art; and enhancing the quality of development projects and the image of the community. 2. This Ordinance will promote the general welfare by encouraging pride in the community, build vibrant and distinctive spaces through placemaking, increasing property values, enhancing the quality of life through artistic opportunities, uniting the community through shared cultural experiences, and creating a cultural legacy for future generations through the collection and exhibition of high -quality art in unique public spaces which reflects diverse styles that will acknowledge the past, usher in the future and create programs and activities that will further these goals. 3. On May 24, 2017, the City of Rancho Cucamonga Planning Commission held a duly notice public hearing regarding this Ordinance, and thereafter adopted Planning Commission Resolution 17-48 setting forth its recommendation regarding this Ordinance. 4. All legal prerequisites to the adoption of this Ordinance have occurred B. Ordinance. NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council finds further based the facts found to be true and correct in the preceding Section 1 and substantial evidence presented during its public hearing on this Ordinance as follows: 1. This Ordinance is consistent with the City's General Plan. This Ordinance meets General Plan Land Use Goal LU-14 by supporting public art as an important amenity of a beautiful City. This Ordinance also meets City Council Goal Al 1 by developing a public art ordinance and funding mechanism to support art within publicly accessible spaces. 2. Adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA') pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. This Ordinance does not propose any physical change to the environment itself, but instead revises existing land use regulations to require certain development projects that require discretionary Ordinance No. 912 - Page 1 of 12 EXHIBIT A D1—Pg3 review to include publicly accessible art and creates a process for administering a public art program. Pursuant to CEQA, the City will review the potential significant impacts of all development applications that are subject to the public art requirement and any discretionary action by the City to install public art pursuant to this Ordinance. Therefore, this Ordinance will not have a significant effect on the environment. SECTION 3. A new Chapter 2.26, entitled "Public Art Committee," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 2.26 - Public Art Committee 2.26.010 Public Art Committee. A. There is established a Public Art Committee to advise the Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property, and expenditures from the City of Rancho Cucamonga Public Art Trust Fund. B. The Public Art Committee shall consist of five members appointed by the Council as follows: (i) one member of the Planning Commission; (ii) one member of the Parks and Recreation Commission; (Hi) one member of the Community and Arts Foundation; and (iv) two members of the public to be appointed based on relevant work experience, trade, industry, or expertise. C. The City Council shall prescribe by resolution the duties, terms of service, qualifications, and compensation of committee members. D. The City Manager or his or her designee shall assist the Public Art Committee in fulfilling its duties. 2.26.020 Meetings. Regular meetings of the Public Art Committee shall be held at such time and place as is determined by resolution of the City Council." SECTION 4. A new Chapter 3.72, entitled "Public Art Trust Fund," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 3.72 - Public Art Trust Fund 3.72.010 Creation of Public Art Trust Fund. There is hereby created a special fund to be known as the "City of Rancho Cucamonga Public Art Trust Fund." 3.72.020. Use of Funds A. All money received by the City from endowments or gifts to the City of Rancho Cucamonga designated for the arts or pursuant to Section 17.124.020.D.2 shall be placed in the Public Art Trust Fund. All money shall be deposited, invested, accounted for, and expended as follows: Ordinance No. 912 - Page 2 of 12 D1—Pg4 1. The City of Rancho Cucamonga Public Art Trust Fund shall only be utilized for the following purposes: a. The design, acquisition, installation, improvement, maintenance, and insurance of public art work displayed by the City or on City property. b. Art education programs for the community conducted on City property; provided, that not more than five (5%) percent of the fund's annual budget shall be used for this purpose. C. Administrative costs reasonably related to either of the preceding purposes. 2. Money deposited in the Public Art Trust Fund shall be held in a manner to avoid any commingling with other revenues and funds of the City of Rancho Cucamonga, except for temporary investments, and all funds shall be expended solely for the purposes for which they were collected. Any interest income earned by the money in the Public Art Trust Fund shall be deposited in the Public Art Trust Fund and shall be expended only for the purpose for which the money was originally collected. B. The City Council shall establish procedures for selecting art work to be purchased using funds found in the Public Art Trust Fund, which may include but shall not be limited to the following: (1) open competition; (2) limited competition; (3) invitation; (4) direct purchase; (5) donation; or (6) any combination of the above. i 3.72.030 Return of Fees Paid In Lieu of Providing Public Art. A. A project developer or Its successor, may submit a written request to the City for the return of any fees paid pursuant to Section 17,124.020.D.2 in lieu of providing public art work that are not committed within ten years of payment, together will all interest earned thereon. The request shall be verified and shall include the date of payment; the amount paid and method of payment; the location of the development project for which the fee was paid; and a statement that the project developer or its successor is the payer of the fees and/or the current owner of the development project. B. The City Council shall review the request and determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines that the fee is still needed for the purposes of the Public Art Trust Fund." Ordinance No. 912 - Page 3 of 12 D1—Pg5 SECTION 5. Anew Chapter 17,124, entitled "Design Provisions for Public Art," is hereby added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 17.124 - Design Provisions for Public Art 17.124.010 Purpose. The purpose of this chapter is to promote the general welfare and enhance the quality of life for City residents, workers, and visitors by improved public placemaking which will require certain developments to include or provide for public art or architecture that qualifies as art. 17.124.020 Public Art Required. A. The requirements of this chapter shall apply to any development subject to site development review, minor design review, or design review that meets one or both of the following criteria: All residential development projects that propose to develop four (4) or more dwelling units. 2. All commercial, office, or industrial development projects with a project valuation or valuations exceeding one million dollars ($1,000,000) in the aggregate, based on most recent International Code Council building valuation data. B. Notwithstanding anything else in this section, the requirements of this chapter shall nI t apply to: i 1. Residential projects with a density equal to or less than 4 dwelling units per acre. 2. Residential projects that contain income restricted affordable housing units where the value of the restricted unit(s) equals or exceeds the minimum value of the art work that would otherwise be required. 3. Remodeling, addition to, or both of existing residential buildings or accessory structures. 4. Remodeling of existing commercial, office, or industrial buildings that do not include any exterior modifications to the building. 5. Remodeling, addition to, or both of existing commercial, office, or industrial buildings for which art work was previously installed, donated, or for which an in lieu fee was paid pursuant to the requirements of this Chapter, regardless of whether such remodeling, addition to, or both includes interior modifications, exterior modifications, or both. 6. Public school facilities. Ordinance No. 912 - Page 4 of 12 D1—Pg6 7. Places of worship. 8. Reconstruction of buildings that have been damaged by fire, flood, wind, earthquake, or other natural disaster, where the reconstructed buildings are substantially similar to the original buildings. 9. Wireless Communication Facilities. C. All development projects subject to this chapter must include art work that has a minimum value that meets or exceeds an amount equal to the sum of: $750 per residential unit developed: and $1 per square foot of commercial, office, or industrial development. D. In lieu of providing the art required by the preceding paragraph C, the applicant may do either of the following: Donate to the City art work that meets or exceeds the minimum value of the art work; subject to the provisions of section 17.124.030 below. 2. Prior to the issuance of a building permit, pay on a per unit basis, an in -lieu fee into the City's Public Art Trust Fund, equal to the minimum value of the art work that would otherwise be included in the development project. E. No final approval, such as a final Inspection or a certificate of occupancy, for any development project subject to this chapter shallbegranted or issued unless and until the requirements of this chapter have been met. For purposes of this requirement, compliance shall be measured in light of the conditions of approval for the project, including but not limited to any approved phased development plan. In furtherance of any phasing plan or project completion schedule, the City may accept bonds or other surety to assist in the completion of the ,project, provided they are in a form and manner acceptable to the Planning Director and City Attorney. 17.124.030 Donated Art Work A. Art work donated to the City pursuant to this chapter must meet the design standards in section 17.124.040 of this chapter and shall be subject to the final approval and acceptance by the City Council, upon recommendation of the Public Art Committee. Upon final acceptance by the City Council, the donated art work shall be the sole property of the City. B. If a developer elects to donate art work to the City in lieu of providing art work as required by section 17.124.020.C, the donation shall be secured by a cash deposit in an amount that meets or exceeds the required minimum value of the art work or a performance bond for the same amount and in a form approved by the City Attorney. The security, regardless of the form, shall become payable to the City and deposited into the City's Ordinance No. 912 - Page 5 of 12 D1—Pg7 Public Art Trust Fund in the event the developer fails to donate art work acceptable to the City as required by this chapter. 17.124.040 Public Art Design Standards A. For purposes of this chapter, "art work" means original or limited edition artistic creations, and may include, but is not limited to, sculptures, paintings, monuments, water features, glasswork, lighting, ceramics and in exceptional circumstances, landscaping elements. B. Media may include but are not be limited to, steel, bronze, wood, stone, tile, concrete, lighting, any other durable materials able to withstand outdoor conditions, or any combination of these, including in exceptional circumstances, plant materials. For these purposes, "durable" means lasting, enduring and highly resistant to deterioration due to weather or the passage of time. C. Art work must be of a scale and setting as to complement the adjacent physical building, improvements, and property. D. Art work must be installed in a public place, which means any exterior area on public or private property that is easily accessible to the general public or clearly visible to the general public from adjacent public property, such as a street or other public thoroughfare or sidewalk. E. Art work must be accompanied by a plaque identifying the name of the art work, the artist(s), and the date of installation. The plaque must be installed in close proximity to the art work F. Art work installed on private property shall qualify towards the minimum landscaping requirements of Chapter 17.56. G. Art work may be combined with functional elements of the development project (such as bike racks, shade structures, bus shelters, trash receptacles) only if, when the elements are viewed as a whole, the expressive design elements predominate over utilitarian concerns. H. The following shall not count towards meeting the public art requirement of this chapter: 1. Landscaping, unless substantially comprised of durable elements that otherwise qualify as art work. 2. Mass-produced or "off the shelf' decorative or ornamental items. 3. Historical or memorial markers or statuary. Art work must meet the minimum required valuation for the project. The project developer may claim the following expenses in satisfaction of the minimum value of the required art work: Ordinance No. 912 - Page 6 of 12 F •.: a. Artist's fees; b. Art materials; C. Fabrication or manufacturing of the art work; d. Transportation of the art work; e. Base, mounting, or pedestal for the art work; f. Building permits for installation of the art work; g. Identification plaque for the art work; h. Lighting instruments specifically lighting the art work; i. Installation of the art work; j. Structural engineering for the artwork; k. Motors or subterranean equipment directly necessary for the installation of the art work; Water related costs for the art that includes artist designed water features not to exceed thirty (30%) percent of the total value of the art work; M. Art consultant fees (if applicable) not to exceed a maximum of fifteen (15%) percent of the value of the art work; and i n. Any fees paid to public art experts (such as art conservators, qualified appraisers, etc.) that are required by the City. 2. The following expenses shall not be counted toward the minimum value of the required art work: a. Expenses related to locating the artist, including but not limited to, airfare, hotel, taxi fares and other travel related expenses; b. Architect, landscape architect, or other design professional fees; C. Site preparation for public art installation, including but not limited to grading, demolition or removal of items or structures and installation of utilities to the site; d. Landscaping surrounding the art; e. Items around the public art that is not conceptualized, designed, and fabricated by the selected artist; Ordinance No. 912 - Page 7 of 12 D1—Pg9 Utility fees associated with activating electronic or water generated art; g. Lighting elements not integral to the illumination of the art; Publicity, public relations, photographs, educational materials, business letterhead or logos bearing the sculpture's image; or Dedication ceremonies, including art unveilings or grand openings. Architecture and/or Landscape Architecture may be considered art work on a case -by -case basis based on factors that may include, but shall not be limited to: Whether the architect/landscape architect is recognized by the professional or artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, professional or industry awards or publications. Whether, when the building or landscape architecture is viewed as. a whole, the expressive architectural design elements predominate over utilitarian concerns, 3. Whether the architecture/landscape architecture was designed in collaboration with . an artist who has: (a) experience with monumental scale sculpture; (b) major design control of the portions of the architecture to be considered as art; and (3) been involved in development of the project from early on in the design process. K. Commercial signage and/or artistic lighting may be considered art work on a case -by -case basis based on factors that may include, but shall not be limited to: 1. Whether the sign or lighting is an original work, based on a unique and original design. 2. Whether the designer is recognized by the artistic community as demonstrated by a substantial record of artistic recognition in shows, museums, or publications, 3. Whether, when the sign or lighting is viewed as a whole, the expressive design elements predominate over the commercial message or utilitarian concerns. 4. Whether the sign or lighting was designed in collaboration with a designer who has: (a) experience designing signs that are unique and original; (b) substantial control over those portions of the sign Ordinance No. 912 - Page 8 of 12 D1—Pg10 to be considered as art; and (3) been involved in design of the sign from early on in the design process. 17.124.050 Submittals. The project developer shall submit, on a form or forms provided by the City, an application for installation of art work on private property or donation of art work to the City that contains the following information as applicable to the project in addition to any other information as may be required by the City to adequately evaluate the proposed the art work.: A. The architect, landscape architect, designer or artists' name(s), qualifications and examples of past work. B. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed art work and an artist warranty as to the originality of title to the art work. C. An appraisal or other evidence of the value of the proposed art work, including acquisition and installation costs, that demonstrates satisfaction of the minimum required value of the art work. D. A written agreement executed by the artist or artists who created the art work that expressly waives all rights that may be waived under the California Art Preservation Act, the Visual Artists Rights Act, or other applicable state and federal laws. E. Preliminary plans containing such detailed information as may be required by the City to adequately evaluate the location of the art work and its compatibility with the proposed development project and/or with the character of adjacent developed parcels and the existing neighborhood. F. A written statement executed by the property owner and approved by the City Attorney that requires the landowner or his or her successors and assigns to defend, indemnify, and hold the City harmless against any liability, loss, damage, costs or expenses (including reasonable attorneys' fees and court costs) arising from any claim, action or liability related to the art work. G. If the project developer proposes to satisfy the public art requirement with architecture, it must before its application can be deemed complete submit to the approving authority at a pre -application review: (a) a maquette and other materials that satisfactorily illustrate the proposed conceptual development; and (b) a statement explaining why the architecture should be considered an art work, including but not limited to an explanation of the ideas, meaning, cultural significance, or conceptual complexity expressed in the architecture. Nothing in this paragraph shall be deemed to require the reviewing authority's approval of the submittal at the pre -application review before the application is deemed complete. Ordinance No. 912 - Page 9 of 12 D1—Pg11 17.124.060 Applications to Donate Art Work to the City Applications for art work donated to the City shall be subject to additional review by the Public Art Committee, which shall make a recommendation to the City Council regarding whether the proposed donation is consistent with the purposes of this chapter. 17.124.070 Ownership and Maintenance of Art Work Placed on Private Property. A. All art work installed pursuant to this chapter on the site of a development project shall remain the property of the owner of the site for which the final building permit or certificate of occupancy related to the development project was obtained and the owner's successors and assigns, which owner must provide all maintenance necessary to preserve and maintain the art work in good condition and in the manner approved by the City. B. The obligation to maintain the art work shall be enforced as follows: Prior to the installation of the art work on a development project, the property owner shall record a document with the county recorder setting forth a description of the art work and acknowledging the obligation of the property owner to repair and maintain it. This document and the underlying covenant shall run with the land and provide notice to future property owners of the obligation to repair and maintain the art work and of certain limitations related to any federal, state or local laws governing the rights of the artists including but not limited to rights regarding the alteration, modification or relocation of subject art work. The City shall be a signatory party to this document, and its final form and content shall be approved by the City Attorney. 2. The obligation to maintain the art work shall include, without limitation, preserving the art work in good condition to the satisfaction of the City of Rancho Cucamonga, protecting, repairing, restoring, or replacing the art work in the event of physical defacement, mutilation, alteration or destruction, and securing and maintaining insurance coverage in an amount to be approved by the City for: (a) fire; (b) flood, wind, earthquake, or other natural disaster; (b) vandalism; and (c) extended liability. Any time the City determines that art work has not been maintained in substantial conformity with the manner in which it was originally approved, the City shall require the current property owner to either: a. Maintain, repair, restore, or replace the art work; or b. After reasonable notice: (i) pay the lesser of either the costs estimated by the City to be required to maintain, repair, restore, or replace the art work and/or secure and maintain insurance for the art work; and (ii) provide the City or its Ordinance No. 912 - Page 10 of 12 D1—Pg12 representatives reasonable access to the property to perform any necessary to maintain, repair, restore, or replace the art work. C. If an owner wishes to replace art work required by this chapter for any reason, including but not limited to theft, destruction, removal, or personal preference, the replacement art work shall be subject to the review and approval of the original approving authority, which shall determine whether the replacement art work meets the criteria set forth in this chapter." SECTION 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance. Ordinance No. 912 - Page 11 of 12 D1—Pg13 PASSED, APPROVED, AND ADOPTED this 1901 day of July 2017. //II►`�y.Y�' i. _tom ATTEST: c anice . Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 215, day of June 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1911 day of July 2017. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 201h day of July 2017, at Rancho Cucamonga, California. C. Reynolds, City Clerk Ordinance No. 912 - Page 12 of 12 D1—Pg14 0�� CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 27, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Tom Grahn, Associate Planner SUBJECT: PUBLIC SCOPING MEETING FOR ENVIRONMENTAL IMPACT REPORT (EIR) FOR GENERAL PLAN AMENDMENT DRC2015-00749, NORTH EASTERN SPHERE ANNEXATION SPECIFIC PLAN DRC2015-00751, ZONING MAP AMENDMENT DRC2015-00752, AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2015-00750 AND NORTH EASTERN SPHERE ANNEXATION DRC2015-00732- CITY OF RANCHO CUCAMONGA: An opportunity for the public to give testimony pertaining to the environmental issues to be addressed in the preparation of an Environmental Impact Report (EIR) for approximately 4,115 acres to be annexed into the City of Rancho Cucamonga, which proposes to maintain the northerly 2,915 acres as a "conservation priority area" with limited development and transfer of development rights, and to allow development in the southerly 1,200 acre "development priority area" with land uses to include conservation, residential, commercial, and civic for a project area extending from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the San Bernardino National Forest boundary in the City's Sphere - of -Influence - APN's: 0201-033-32, -35 through -40, -43, and -44, 0201-191- 27 and -28, 0201-272-14 through -18, 0201-281-02, -04 through -10, -13, -14, -16 through -22, 0225-091-03, 05, and -06, 225-092-01, 0225-101-32, 0225- 152-06 through -11. and -17, 0225-161-42, 0226-061-03, -07, -16, -20, -26, - 27, -28, -33, -47, -56, -57, -61 through -71, -73 through -78, 0226-082-08, -19, -20, -21, and -30, 1074-351-01, -04, -05, and -06, 1087-051-02 through -14, - 16 through -27, 1087-061-01 through -21, and 1087-071-01 through -14, and - 16 through -21. RECOMMENDATION: Staff recommends that the Planning Commission accept public testimony pertaining to the environmental issues to be addressed in the Environmental Impact Report (EIR) that is being prepared for the North Eastern Sphere Annexation Project (NESAP), including General Plan Amendment DRC2015-00749, Etiwanda North Specific Plan Amendment DRC2015-00750, North Eastern Sphere Annexation Specific Plan DRC2015-00751, and Zoning Map Amendment DRC2015-00752. PURPOSE: In accordance with applicable California Environmental Quality Act (CEQA) requirements, the City of Rancho Cucamonga is the Lead Agency for this project, and is therefore responsible for the review and consideration of the proposed project as well as addressing potential environmental El-Pg 1 PLANNING COMMISSION STAFF REPORT NORTH EASTERN SPHERE ANNEXATION PROJECT PUBLIC SCOPING MEETING September 27, 2017 Page 2 impacts that may be associated with the project. in order to review such impacts the City has determined that an EIR is required for this project and is the appropriate CEQA documentation. The EIR is required to ensure that potential environmental impacts of the project are fully evaluated and analyzed, and, if necessary, applicable mitigations measures are implemented. In compliance with the EIR preparation process as outlined in CEQA, Dudek, in consultation with Planning Department staff, prepared a Notice of Preparation (NOP) (Exhibit A). The NOP serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA recommends conducting a scoping. meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR. The NOP was circulated on September 8, 2017 to public agencies that have discretionary approval power over the project (i.e., responsible agencies and Native American Tribal Governments). Also, the NOP was made available for review at City Hall, the Archibald and Biane Libraries, the City's website, and the Clerk of the Board of Supervisors of the County of San Bernardino. The NOP public comment period began on September 11, 2017 and will end on October 10, 2017. PROJECT DESCRIPTION: The proposed NESAP project area contains approximately 4,115 acres of land and extends from Haven Avenue, easterly to the City's boundary with Fontana, and from the northerly City limits to the National Forest boundary (Figures 1 and 2 of Exhibit A). The entirety of the project will include a General Plan Amendment, Etiwanda North Specific Plan Amendment, North Eastern Sphere Annexation Specific Plan, Zoning Map Amendment, the North Eastern Sphere Annexation, and all related environmental documentation. Currently, the majority of the project site is designated as Flood Control and Public Utilities Land on the City's General Plan and pre -zoned by the Etiwanda North Specific Plan as Flood Control, Resource Conservation, and Hillside Residential. Initial design considerations propose maintaining the northerly 2,915 acres as a "conservation priority area", and 1,200 acres of "development priority area" in the southerly portion generally located between Milliken Avenue and Day Creek Avenue, north of Banyan Street (Figure 3 of Exhibit A). Early concepts for the development priority area include a mix of residential product types, a central commercial "town center" with neighborhood retail and restaurants, and public uses and amenities arranged in a compact and walkable land use pattern to encourage active living (as described on pages 3 and 4 of Exhibit A). BACKGROUND AND PROJECT STATUS: In January 2015, the City Council reaffirmed the goal of pre -zoning and annexation of a 4,115- acre portion of the City's Sphere -of -Influence. In May 2015, the City Council approved a Professional Services Agreement with Sargent Town Planning (STP) to prepare the NESAP. The area to be annexed is currently within the jurisdiction of the County of San Bernardino and consists mostly of undeveloped lands and open space. Over the past 18 months, City staff, STP, and the San Bernardino County Flood Control District (SBCFCD) have had several meetings with the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) to discuss the proposed project and elicit comments regarding potential environmental constraints. Because of these comments, the project area was evaluated for the presence of the San Bernardino Kangaroo Rat (SBKR) and the presence and quality of Riversidean Alluvial Fan Sage Scrub (RAFSS). STP continues to E1—Pg 2 PLANNING COMMISSION STAFF REPORT NORTH EASTERN SPHERE ANNEXATION PROJECT PUBLIC SCOPING MEETING September 27, 2017 Page 2 address biological resource assessments related to development of the NESAP Draft EIR and the North Eastern Sphere Annexation Specific Plan. In July 2017, the City Council approved an amendment to the scope of work and budget for STP to address additional environmental issues and engineering work related to the development of a project Tentative Tract Map. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper and notices were mailed to all responsible and trustee agencies. A total of 68 notices were distributed by FedEx on September 8, 2017, for delivery on September 11, 2017. An additional 17 notices were distributed by the Governor's Office of Planning and Research (OPR) under their review of the Notice of Completion (NOC). EXHIBITS: Exhibit A — Notice of Preparation (NOP) Exhibit B - Notice of Completion & Environmental Document Transmittal (NOC) Exhibit C - Governor's Office of Planning and Research (OPR) State Clearinghouse and Planning Unit (acknowledging receipt of the NOP) Exhibit D - Clerk of the Board of Supervisors of the County of San Bernardino (acknowledging receipt of the NOP) Exhibit E — Agency Distribution List for the Notice of Preparation Exhibit F — Correspondence (received from Responsible Agencies and/or Native American Tribal Government entities) CB:TG/Is E1—Pg 3 City of Rancho Cucamonga Public Notice of Preparation of a Draft Environmental Impact Report for the Rancho Cucamonga North Eastern Sphere Annexation Specific Plan Notice is hereby given that the City of Rancho Cucamonga (City), as Lead Agency, will be preparing a draft Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) for the proposed Rancho Cucamonga North Eastern Sphere Annexation Specific Plan (Proposed Project) as described below. This Notice of Preparation (NOP) of an EIR was publicly noticed and distributed on September 11, 2017. The notice was posted on the City of Rancho Cucamonga's website at the following: httt)s://www.cityofrc.us/eitvhalUplanning/current proiects/default.asp. This NOP serve two purposes: 1) to notify the public that the City will prepare a Draft EIR to further assess potential adverse environmental impacts that may result from implementing the Proposed Project; and 2) to solicit information on the scope of the environmental analysis for the Proposed Project. The City, as the lead agency, is seeking the views of responsible and trustee agencies and interested parties on the scope and content of the descriptions of the significant environmental issues and reasonable alternatives and mitigation measures to be explored in the Draft EIR. Date September 11, 2017 Project Title Rancho Cucamonga North EasternSphere Annexation Specific Plan Lead Agency City of Rancho Cucamonga Community Development Department Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SCH No.: Pending Project Applicant: City of Rancho Cucamonga Public Review Period: September 11, 2017 to October 10, 2017 5:00 Pi<1 The City has issued this NOP for public review and comment pursuant to CEQA Guidelines Sections 15082(a) and 15375. The City has established a 30-day public review and scoping period from September 11, 2017 to October 10, 2017. in accordance with CEQA Guidelines Section i EXHIBIT A El-Pg4 15082 (14 CCR 15082). During this period, the NOP will be posted on the City's website at: https://www.citvofrc.us/citvhall/planning/current projects/default.asp. The NOP and any supporting documents will also be available for review at the following: • City of Rancho Cucamonga Planning Department 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Monday through Thursday from 10:00 a.m. to 8:00 p.m.; Friday from 10:00 a.m. to 6:00 p.m; and Saturday from 10:00 a.m. to 6:00 p.m (closed Sunday) • Archibald Library 7368 Archibald Avenue Rancho Cucamonga, CA 91730 Monday through Thursday from 10:00 a.m. to 8:00 p.m.; Friday from I2:00 p.m. to 6:00 p.m; Saturday from 10:00 a.m. to 5:00 p.m; and Sunday from 1:00 p.m. to 5:00 p.m. • Paul A. Biane Library 12505 Cultural Center Drive Rancho Cucamonga, CA 91739 Monday through Thursday from 10:00 a.m. to 8:00 p.m.; Friday from 12:00 p.m. to 6:00 p.m; Saturday from 10:00 a.m. to 5:00 p.m; and Sunday from 1:00 p.m. to 5:00 p.m. Public Comments: At this time, the City is soliciting comments on the NOP for the Proposed Project, as well as comments regarding the scope and alternatives of the EIR for the Proposed Project. Comments may be submitted by mail or e-mail. All scoping comments must be received in writing by October 10, 2017, by 5:00 p.m. (end of the 30-day public scoping period). Please send all comments via mail to Tom Grahn, Associate Planner at the address indicated above or via email to tom.8rahn((ccityofrc.us. All written comments should indicate a contact person for your agency or organization, if applicable, and reference the project name indicated on this NOP in the subject line. Responsible agencies are requested to indicate their statutory responsibilities in connection with this project when responding. All comments on environmental issues received during the public comment period will be considered and addressed in the Draft EIR, which is anticipated to be available for public review in January 2018. Notice of the EIR public review and comment period will be published at a later date. Public Scoping Meeting: The City will hold a public scoping meeting on September 27, 2017, at 7:00 p.m. at City of Rancho Cucamonga Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. The purpose of the scoping meeting is to present information about the proposed project, the City's process and timelines, and to solicit input, including written comments, on the scope and content of the Draft EIR. Interested parties, including public agencies, are encouraged to attend the meeting to learn more about the proposed project and the environmental review process, to express any concerns about the proposed amendment and to offer suggestions regarding the environmental impacts, including any mitigation measures and 2 El—Pg 5 alternatives. The public scoping meeting information and the NOP are posted at the following website: https://www.cityofrc.us/citvhati/plaftnin,/current proiects/default asp. Project Location and Setting: The Proposed Project area is located along the northeastern edge of the City of Rancho Cucamonga (City) at the base of the San Gabriel Mountains. The site is located west of Interstate 15 (I-15), north of Interstate 210 (I-210), south of the San Gabriel Mountains, and north of residential development within the City of Rancho Cucamonga (see Figure 1, Project Location). Although a small portion of the project area is located within the City of Rancho Cucamonga, the majority of the project area is located within the City's Sphere of Influence (SOI), within the unincorporated area of the County of San Bernardino (County) (see Figure 2, City Boundaries and Sphere of Influence). The Proposed Project includes annexation of those properties within the project area not currently in the City into the City. The Project area is generally surrounded by San Gabriel Mountains to the north, and a number of residential uses, as well as vacant sites, to the east, west, and south. The Conservation Area is bordered by undeveloped, conserved land to the north, west, and east and residential uses and undeveloped parcels to the south. The Development Priority area is largely surrounded by single- family residential neighborhoods. The Day Creek neighborhood borders the project area to the east; the Caryn neighborhood borders the project area to the south; and the Deer Creek neighborhood and the Haven View Estates neighborhood borders the project area to the west. Los Osos High School borders the Development Priority area to the south. Undeveloped land that is part of the Conservation Priority Area borders the Development Priority Area to the north, northwest, and northeast. The proposed North Eastern Sphere Annexation Specific Plan contains a total of 4,388 acres, which is divided into two priority planning areas: the Conservation Priority Area and the Development Priority Area (see Figure 3, Project Area — Planning Areas). The 3,176-acre Conservation Priority Area is located at the base of the San Gabriel Mountains, bordered to the south by the City of Rancho Cucamonga and the Development Priority Area, as well as the San Gabriel Mountains to the east, west, and north. A portion of the Conservation Priority Area to the east extends from the San Gabriel Mountains south to Wilson Avenue (see Figure 1, Project Location). The 1,212-acre Development Priority Area is located to the north of the I-210 freeway and bordered by the City of Rancho Cucamonga to the east, south, and west and the Conservation Priority Area to the north. Project Description: The key components of the Proposed Project include the following (see Figure 4, Development Priority Area): 1) Pre -zoning and annexation of approximately 4,088 acres of mostly undeveloped land under the jurisdiction of the County of San Bernardino (County) into the City, subject to the review and approval by the Local Agency Formation Commission (LAFCO) for San Bernardino County; 3 E1—Pg 6 2) Establishment of a conservation program for approximately 3,664 acres of natural foothill habitat under the jurisdiction of the City; 3) Adoption of the North Eastern Sphere Annexation Specific Plan to guide conservation and development in the project area in order to provide for sustainable human habitat while preserving, restoring, and conserving a high quality natural habitat; 4) Development of approximately of 579 acres of land within the Development Priority Area in order to generate financial resources to fund the conservation and restoration of the Conservation Priority Area. Within the 579 acres, the proposed Specific Plan allows for the development of approximately: 3,800 residential units in a mixture of attached and detached forms; 280,000 square feet of non-residential space; 20 to 25 acres of public open space; and designation of a 16-acre elementary school site; 5) Adoption of a General Plan update for the Specific Plan Area; 6) Adoption of a tentative tract map to implement the North Eastern Sphere Annexation Specific Plan and define the areas and boundaries of development, conservation, and other uses within the 1,212-acre Development Priority Area; 7) Removal of a small portion of the westerly end of the Day Creek levee within the Development Priority Area. All proposed modifications to existing flood control facilities will be conducted in partnership with the San Bernardino Flood Control District; and 8) Removal of the Proposed Project from the Etiwanda North Specific Plan. Permits and approvals by regulatory agencies include, but are not limited to: • United States Fish and Wildlife Service • United States Army Corps of Engineers • California Department of Fish and Game • California Regional Water Quality Control Board — Santa Ana (Region 8) • Local Agency Formation Commission for San Bernardino County • San Bernardino County Flood Control District • South Coast Air Quality Management District • County of San Bernardino • City of Rancho Cucamonga Probable Environmental Effects: Based on the preliminary scope of the Proposed Project the City has determined that the Proposed Project could have a potentially significant environmental effect in the following areas: aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population El E1—Pg 7 and housing, public services, recreation, transportation/traffic, tribal cultural resources, utilities and service systems, energy conservation, cumulative impacts, and growth inducing impacts. Pursuant to State CEQA Guidelines Section 15162 and 15063, the City has determined that preparation of an EIR will be required, which will focus on the significant effects of the project. The Proposed Project's potentially significant environmental effects will be addressed in the forthcoming Draft EIR. Notice of the EIR public review and comment period will be published at a later date. If you have any questions, please tom.grahn(&cityofrc. us. 40 Signature: Name/Title: Tom Grah . Associ Grahn, Associate Planner at 909.774.4312 or Date: September 7, 2017 Attachments: Figure 1, Project Location Figure 2, City Boundaries and Sphere of Influence Figure 3, Project Area — Planning Areas Figure 4, Development Priority Area 5 El—Pg 8 x. 1] l'j.� �utle Cree4 : �Crae�P •:�� 3 3 tteRa 38 0 'CAI�pa,k ysT �' �19TH BT . :R `V�j9 ✓....� 3+i 83 BAS J _ Ll�RO 16TH ST =y ,a BASELINE RD t ii /Za= FaoTHI'caLVD31, L y� Q y AaRyOW?RTEa #. d M tl [egg 1+ H O c Aq4 rW. or.. `?LY �' 1k Ni w "t•� � �a ~ ��t MERRILL AVE _ �w% ^ . - �• � ad i � �dkMpw UWer leM � ■Ya+'!S = - . G ..n •,. sr.F 13 FFa�.��� �i � M i�� i� a 4 � 'd'li .:.� �T ma _ 'Qya L 4P . SA�N,jBER�N,AR0IN0, AV6 Ip - [.-.., :.'• F u '.A� M tM Y r TO VO 1a l ,o ? V. 10 m lD CJ pSped. Plan Roa.ary �/ Ranho Cucamonga SW.�e a Inguence Ll cwary d san eemarmro CHI.. Fomwe MWGav Omar. Rancho Cucamonga San Ammo Heghu COP Uplaml DUDEK A I:aro h, ( u..i mmga ♦' FIGURE 3 City Boundaries and Sphere of Inllueme m I t0 DUDEK - -- FIGURE 7 Project Area - Planning Areas Q Development Priority Area Central Development Area - 234 acres West Development Area - 262 acres Southeast Development Area - 83 acres Utility Corridor Conservation/Restoration Area D U D E K 6.-- - :- Conservation Open Space y r= Central 'evelopmentArea i i r ation Open Space i r i i i i Southeast ,__,'Development Area ►y FIGURE 4 Development Priority Area El—Pg 12 Print Form Appendix C Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044 (916) 445 For Hand Ueliverv/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: Rancho Cucamonga North Eastern Sphere Annexation Specific Plan Lead Agency: City of Rancho Cucamonga Contact Person: Tom Gratin Nlniling Address:10500 Civic Center Drive Phone: 909.774.4312 city: Rancho Cucamonga, California Zip: 91730 County: San Bernardino - - - - - - - - - - - - - - - - - - - - - Project Location: County:San Bernardino County - - - - - - - - - - - - - - - - - - - - - - - - - City/Nearest Community: City of Rancho Cucamonga Cross Streets: Banyan Street & Milliken Avenue Zip Code: 91730 Longitude/Latitude (degrees, minutes and seconds): 34 a 09 '35_99- N / 117 ^ 32 ' 59_Fi" W Total Acres: 4,088 acres Assessor's Parcel No.: numerous Section: Twp.: Range: Base: Within 2 Miles: State Hwy #: Interstate 210 Waterways: multiple Airports: Railways: Schools: multiple - - - - - - - - - - - - - - - - - - - - - Document Type: - - - - - - - - - - - - - - - - - - - - - - - - - CEQA: ❑x NOP ❑ Draft EIR NEPA: ❑ NOI Other: ❑ Joint Document ❑ Early Cons ❑ Supplement/Subsequent EIR ❑ EA ❑ Final Document ❑ Neg Dec (Prior SCH No.) ❑ Draft EIS ❑ Other: ❑ Mit Neg Dec Other: ❑ FONSI - - - - - - - - - - - - - - - - - - - - - Local Action Type: - - - - - - - - - - - - - - - - - - - - - - - - - ❑X General Plan Update 0 Specific Plan ❑ Rezone 0 Annexation ❑ General Plan Amendment ❑ Master Plan ❑X Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Permit ❑ Coastal Permit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other: Development Type: ❑X Residential: Units 3,800 Acres ❑ Office: Sq.ft. AcresEmployees ❑ Transportation: Type (] Commercial:Sq.ft. 280,000 Acres Employees ❑ Mining: Mineral ❑ Industrial: Sq.ft. Acres Employees ❑ Power: Type MW 0 Educational: elementary school ❑ Waste Treatment:Type bIGD ❑X Recreational:open space ❑ Hazardous Waste:Type ❑ Water Facililies:Type MGD ❑ Other: Project Issues Discussed in Document ❑ Aesthetic[Visual ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ❑ Agricultural Land ❑ Flood Plain/Flooding ❑ Schools/Universities ❑ Water Quality ❑ Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply/Groundwater ❑ Archeological/Historical ❑ Geologic/Seismic ❑ Sewer Capacity ❑ Wetland/Riparian ❑ Biological Resources ❑ Minerals ❑ Soil Erosion/Compaction/Grading ❑ Growth Inducement ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Land Use ❑ Drainage/Absorption ❑ Population/Housing Balance ❑ Toxic/Hazardous ❑ Cumulative Effects ❑ Economic/Jobs ❑ Public Services/Facilities ❑ Traffic/Circulation ❑ Other: Present Land Use/Zoning/General Plan Designation: Open Space --Flood Control, Utility Corridor, Open Space, Conservation, Hillside Residential; Residential --Low Medium; Speciaii - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Project Description: (please use a separate page if necessary) Please see the attached page. Note: The State Clearinghouse mill assign identification numbers for all Pea, projects. If a SCH number already exists for a project (e.g. Notice of Preparation or prev tons draft doaunentl please fill in. Revised 2010 EXHIBIT B El—Pg 13 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency please denote that with an " S x Air Resources Board Boating & Waterways, Department of California Emergency Management Agency _ California Highway Patrol x Caltrans District #6 x Caltrans Division of Aeronautics Caltrans Planning _ Central Valley Flood Protection Board Coachella Valley Mms. Conservancy _ Coastal Commission _ Colorado River Board x Conservation, Department of _ Corrections, Department of Delta Protection Commission Education. Department of _ Energy Commission x Fish & Game Region #8 _ Food & Agriculture. Department of x Forestry and Fire Protection. Department of General Services. Department of Health Services. Department of _ Housing & Community Development x Native American Heritage Commission Local Public Review Period (to be filled In by lead agency) Starting Date September 11, 2017 Lead Agency (Complete if applicable): x Office of Historic Preservation _ Office of Public School Construction x Parks & Recreation, Department of Pesticide Regulation, Department of Public Utilities Commission x Regional WQCB #8 Resources Agency Resources Recycling and Recovery, Department of S.F. Bay Conservation & Development Comm. _ San Gabriel & Lower L.A. Rivers & Mms. Conservancy _ San Joaquin River Conservancy Santa Monica Mtns. Conservancy x State Lands Commission SWRCB: Clean Water Grants X SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency x Toxic Substances Control, Department of x Water Resources. Department of x Other: San Bernardino County Flood Control District x Other: Local Agency Formation Commission of SB Ending Date October 10, 2017 Consulting Firm: Dudek Applicant: City of Rancho Cucamonga Address: 38 North Marengo Avenue Address: 10500 Civic Center Drive City/State/Zip: Pasadena, California 91101 City/State/Zip. Rancho Cucamonga, California 91730 Contact: Rule K. Thomas Phone: 909.774A312 Phone: (626) 204-9822 I -- ---------- - - - -/- --- -- ---------- - - - - - r Signature of Lead Agency Representative: Date: Authority cited: Section 21083, Public Resources CoA. Referenbe: Section 21161, Public Resources Code. Revised 2010 E1—Pg 14 Attachment Notice of Completion Rancho Cucamonga North Eastern Sphere Annexation Specific Plan (NESASP) Project Description The key components of the Proposed Project include the following: 1) Pre -zoning and annexation of approximately 4,088 acres of mostly undeveloped land under thejurisdiction of the County of San Bernardino (County) into the City, subject to the review and approval by the Local Agency Formation Commission (LAFCO) for San Bernardino County; 2) Establishment of a conservation program for approximately 3,664 acres of natural foothill habitat under the jurisdiction of the City; 3) Adoption of the North Eastern Sphere Annexation Specific Plan to guide conservation and development in the project area in order to provide for sustainable human habitat while preserving, restoring, and conserving a high quality natural habitat; 4) Development of approximately of 579 acres of land within the Development Priority Area in order to generate financial resources to fund the conservation and restoration of the Conservation Priority Area. Within the 579 acres, the proposed Specific Plan allows for the development of approximately: 3,800 residential units in.a mixture of attached and detached forms; 280,000 square feet of non-residential space; 20 to 25 acres of public open space; and designation of a 16-acre elementary school site. 5) Adoption of a General Plan update for the Specific Plan Area; 6) Adoption of a tentative tract map to implement the North Eastern Sphere Annexation Specific Plan and define the areas and boundaries of development, conservation, and other uses within the 1,212-acre Development Priority Area; 7) Removal of a small portion of the westerly end of the Day Creek levee within the Development Priority Area. All proposed modifications to existing flood control facilities will be conducted in partnership with the San Bernardino Flood Control District; and 8) Removal of the Proposed Project from the Etiwanda North Specific Plan. Permits and approvals by regulatory agencies include, but are not limited to: • United States Fish and Wildlife Service • United States Army Corps of Engineers • California Department of Fish and Game • California Regional Water Quality Control Board — Santa Ana (Region 8) • Local Agency Formation Commission for San Bernardino County • San Bernardino County Flood Control District • South Coast Air Quality Management District • County of San Bernardino • City of Rancho Cucamonga El—Pg15 Print Form Appendix C Notice of Completion & Environmental Document Transmittal % hlafl to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812 3044 (916) 445 0613 SCH # For Hand Deliver•/Street Address. 1400 Tenth Street, Sacramento, CA 95814 Project Title: Rancho Cucamonga North Eastern Sphere Annexation Specific Plan Lead Agency: City of Rancho Cucamonga Cuntact Person: Tom Gratin Mailing Address:10500 Civic Center Drive Phone. 909.774.4312 City; Rancho Cucamonga, California Zip:91730 County: San Bernardino - - - - - - - - - - - - - - - - - - - - - Project Location: Comny:San Bernardino County - - - - - - - - - - - - - - -- - - - - - - - - -- City/Nearest Community. City of Rancho Cucamonga Cross Streets: Banyan Street & Milliken Avenue Zip Code: 91730 Longitude/Latitude (degrees, minutes and seconds): 34 ^ 09 •35_9' N 1117 ^ 32 59. ' W Total Acres: 4,088 acres Assessors Parcel No.: numerous Section: Twp.; Range: Base: Within 2 Miles: State Hwy#: Interstate 210 Waterways: multiple Airports: Railways: Schools: multiple - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Document Type: ',,..a.,,y,{ h CEQ.A: 0 NOP ❑ Draft EI�IjO�t•tttwrary�,!�-t_l"NOI Other: ❑ Joint Document ❑ Early Cons ❑ Supplem u sequcnt EIR ❑ EA ❑ Final Ducumeni ❑ Neg Dec (Prior SCH No.) 1 /lii l ❑ Draft EIS ❑ Other: ❑ Mit Neg Dzc Other: e ❑ FONSI - - - - - - - -S - - - - - - - - - - - - - - - - - - Local Action Type: LMR"4Gtiv x❑ General Plan Update ❑x Specific Plan ❑ Rezone © Annexation ❑ General Plan Amendment ❑ Master Plan 9 Prezone ❑ Redevelopment ❑ General Plan Element ❑ Planned Unit Development ❑ Use Pcnnit ❑ Coastal Pcnnit ❑ Community Plan ❑ Site Plan ❑ Land Division (Subdivision, etc.) ❑ Other: - - - - - - - - - - - - - - - - - - - - - Development Type: - - - - - - - - - - - - - - - - - - - - - - - - - i] Residential: Units 3,800 Acres_ ❑Office. Sq.ft. Acres Employees_ ❑ Transponation: Type I] CommerciakSti.fl.280,000 Acres_ Employees_ El Mining: Mineral El Industrial: Sq.ft. Acres_ Employees ❑Power: Type MW Q Educational: elementary school ❑ Waste TreatmenuType MGD ❑x Rccreation4open space ❑ Hazardous Wasic:Typc ❑ Water Facilities:Type MOD ❑Other: - - - - - - - - - - - - - - - - - - - - - Project Issues Discussed In Document: - - - - - - - - - - - - - - - - - - - - - - - - - ❑ AeslheticNisual ❑ Fiscal ❑ Recreation/Parks ❑ Vegetation ❑ Agricultural land ❑ Flood Plain,Roading ❑ Schools/Univershics ❑ Water Quality ❑ Air Quality ❑ Forest Land/Fire Hazard ❑ Septic Systems ❑ Water Supply/Graundw•ater ❑ ArcheologicaltHimorical ❑Geologic/Seismic ❑ Sewer Capacity ❑ Wetiand/Riparian ❑ Biological Resources C] Minerals ton/Compaction/Grading ❑ Growth Inducement El Soil Eros: ❑ Coastal Zone ❑ Noise ❑ Solid Waste ❑ Land Use ❑ Drainage/Absorption ❑ Populationfliousing Balance ❑ Toxic/Hazardous ❑ Cumulative Effects ❑ Ecommnie/Jobs ❑ Public Scrviees/Facilitics ❑ Traffic)Circulation ❑ Other: .- - - - - - - - - - - - - - - - - - - - - Present Land Use/Zoning/General Plan Designation: - - - - - - - - - - - - - - - - - - - - - - - - - Open Space -Flood Control, Utility Corridor, Open Space, - - - - - - - - - - - - - - - - - - - Conservation, Hillside Residential; Residential -Low Medium; Speciald - - - - - - - - - - - - - - - - - - - - - - - - . Project Description: (please use a separate page it necessary) Please see the attached page. Note The Stare Clearinghouse%dt assign idenrif"alitx, natntrersfurultnm. pretints. rfnsCHmmnberubewryexirufuruPmjet'rfeg Anticet/Preparueiunur pret'inns draft duuonew) please f i in Revised _'Ole EXHIBIT C Et-Pg 16 CLERK OF THE BOARD City of Rancho Cucamonga Q' Public Notice of Preparation Received on: — 7 of a Draft Environmental Impact ReportMove on: _1 for the Rancho Cucamonga North Eastern Sphere Annexation Specific Plan Notice is hereby given that the City of Rancho Cucamonga (City), as Lead Agency, will be preparing a draft Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) for the proposed Rancho Cucamonga North Eastern Sphere Annexation Specific Plan (Proposed Project) as described below. This Notice of Preparation (NOP) of an EIR was publicly noticed and distributed on September 11, 2017, The notice was posted on the City of Rancho Cucamonga's website at the following: https•,Iwww ci(yofrc ustcitvhalUplauning/current projcctsidefault asp. This NOP serve two purposes: t) to notify the public that the City will prepare a Draft EIR to further assess potential adverse environmental impacts that may result from implementing the Proposed Project; and 2) to solicit information on the scope of the environmental analysis for the Proposed Project. The City, as the lead agency, is seeking the views of responsible and trustee agencies and interested parties on the scope and content of the descriptions of the significant environmental issues and reasonable alternatives and mitigation measures to be explored in the Draft EIR. Date September 11, 2017 Project Title Rancho Cucamonga North Eastern Sphere Annexation Specifio Plac M Lead Agency City of Rancho Cucamonga T Community Development Department Planning Department 10500 Civic Center Drive ': w Rancho Cucamonga, CA 91730 u SCH No.: Pending Project Applicant: City of Rancho Cucamonga Public Review Period: September 11, 2017 to October 10, 2017 5:00 PM The City has issued this NOP for public review and comment pursuant to CEQA Guidelines Sections I5082(a) and 15375. The City has established a 30-day public review and scoping period from September 11, 2017 to October 10, 2017, in accordance with CEQA Guidelines Section 1 EXHIBIT D El—Pg 17 W V !� m1 N O O O O 0 U co v V a- CO O f— (D Cl) On O O O O co N O a r L0 co f-- Cl) h I` r— C V N a N m 0) N rn N 0) I 0) N 0) I rn I m " rn N 0) N 0) N 0) W m yQ Q ¢ ¢ ¢ Q Q ¢ ¢ ¢ ¢ ¢ U U U U U U U U U U Uco U cc w O7 0 0) w m m w C C 'O O° C C C W S `m 'O `m U) U m C C m G U W m 'o ° E m aa) w o C o C C E C C E m `W m 0 > W ca c O O L L m W m W m U)m CCU K 0 LL K Ci U U)m U)m LL N w W .. v a C N -O O LL09 0 Q CDL N L . j o N 'w 0 C m > ° 3 7 r O N n 7 n LL LL U Q L co 0�-. O �W p C N V mQ� m O M LL L �j c0 '0 O) Q mU) �� COJcCCD W Lf) W W �c va) O m O m �� ymN �dr ~ GN W I aZ3 O° �m `� co U O `' `) ^ W co¢LL O �U) pr7 U) m> �¢� O NU m> f�¢ N O NL7 (�° V U) CEO �U)� m 0 r--U U) T � [0 m (0 C a) U m w W W O C E ° c m >U 9 CL m m dm a) oOc ' 3 a)O m' p). 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E 0 U c 0 ca z N N c Y o m I m m m c > c is �0 E m N. 2 N m U o N Z c co r w y w wCj (O O a' Nw N O w N N O M J � .,NCO C C N m 'O M C Q O 0 N N N N t/1 m G tq co EQ O �m U a) °' Co co I cm m N m �U N CMU U C 0. U O'c co Z `J�(Ot m C m m QUm (D U O m a) E C N p m Q • C tiNm�a' mom �`o0.°c 'moo SUN= �(nd(n `dHal- �C7aU El-Pg 23 C-A6RIELENO BAND Of� MI5510N 1NDIANS - KI7-11 NATION Histoncallti known as the ,5an (tabnel [jand of Mission Wians rec.,gnized 6ti the ;7tate of (,alilomte as thr aboriginal tn6a of the Los Ankles basin City of Rancho Cucamonga Community Development Department Planning Department 10500 Civic Center Dr, Rancho Cucamonga, CA 91730 September 12, 2017 Re: AB52 Consultation request for the Rancho Cucamonga North Eastern Sphere Annexation Specific Plan Dear Tom Grahn, Please find this letter as a written request for consultation regarding the above -mentioned project pursuant to Public Resources Code § 21080.3.1. subd. (d). Your project lies within our ancestral tribal territory, meaning belonging to or inherited from, which is a higher degree of kinship than traditional or cultural affiliation. Your project is located within a sensitive area and map cause a substantial adverse change in the significance of our tribal cultural resources. Most often. a records search for our tribal cultural resources will result in a "no records found" for the project area. The Native American Heritage Commission JNAHC), ethnographers, historians, and professional archaeologists can only provide limited information that has been previously documented about California Native Tribes. This is the reason the NAHC will always refer the lead agency to the respective Native American Tribe of the area Imcause the NAHC is only aware of general information and arc not the experts on each California Tribe. Our Elder Committee & tribal historians are the experts for our Tribe, and are able to provide a more complete history lboth written and oral) regarding the location of historic villages, trade routes, cemeteries and sacred/religious sites in the project area. Therefore, to avoid adverse effects to our tribal cultural resources. we would like to consult with you and your staff to provide you with a more complete understanding of the prehistoric use(s) of the project area and the potential risks for causing a substantial adverse change to the significance of our tribal cultural resources. Consultation appointments are available on Wednesdays and Thursdays at our offices at 910 N. Citrus Ave. Covina, CA 91722 or over the phone. Please call toll free 1-844-390-0787 or email gabrietenoindianagyahoo.com to schedule an appointment. .' Prior to the first consultation with our Tribe, we ask all those individuals participating in the consultation to view a video produced and provided by CalEPA and the NAHC for sensitivity and understanding of AB52. You can view their videos at: htto://caleoa.ca.gov/Tribal/`Trainine/ or httn:/ttinhc.ca.sov/2015/12/ab-52-tribal-trmttine/ With Respect, Andrew Salas, Chairman Ab< rl.«. r�".I Nd(1!ro5a6. Vice-L6a,rn,an A1..-t6a Go,ualu L�,nos. teas,«� I I www.ga6rielenoindia ns.org C6.to-a 5..,,.iall Mam�c xveta-y R,6a a G.ad,a. C6.rsv. „d t6, G,,, .. f F lie,. rO 5— y. ovine. C-A ? 1 725 EXHIBIT F El—Pg 24 ga 6rielenoindians@ya600.com STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY I'D'MTM G. BROWN Jr Governor 'DEPARTMENT OF TRANSPORTATION DISTRICT 8 PLANNING (NIS 725) 464 WEST 4th STREET, 611FLOOR SAN BERNARDINO, CA 92401-1400 PHONE (909) 388-7017 FAX (909) 383-5936 Try 711 CITY OF RANCHO CL ICAMONr' www.dot.ca.gov/distS September 12, 2017 Tom Grahn Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 CEP 18 2017 RECEIVED - PLAID NIW, Making Conservation a California XPay of Life. File: 08-SBd-210-PM 8.321 Subject: Rancho Cucamonga North Eastern Sphere Annexation Specific Plan — Notice of Preparation for a Draft Environmental Impact Report Dear Mr. Grahn: Thank you for providing the California Department of Transportation (Caltrans) the opportunity to review and comment on the Notice of Preparation for Draft Environmental Impact Report (DEIR) for the Rancho Cucamonga North Eastern Sphere Annexation Specific Plan (Project), located west of Interstate 15, north of Interstate 210 and south of the San Gabriel Mountains in the City of Rancho Cucamonga. The project consists annexations of approximately 4,088 acres of mostly undeveloped land under the jurisdiction of the County of San Bernardino into the City, development of approximately 3,800 residential units in a mixture of attached and detached forms, 280,000 square feet of non-residential space, 20 t0 25 acres of public open space; and the development of a 16-acre elementary school site. As the owner and operator of the State Highway System (SHS), it is our responsibility to coordinate and consult with local jurisdictions when proposed development may impact our facilities. As the responsible agency under the California Environmental Quality Act, it is also our responsibility to make recommendations to offset associated impacts with the proposed project. Although the project is under the jurisdiction of the City of Rancho Cucamonga, due to the project's potential impact to the State facilities, it is also subject to the policies and regulations that govern the SHS. In the preceding DEIR, we recommend a Traffic Impact Analysis (TIA) to accurately evaluate the extent of potential impacts of the project to the operational characteristics of the existing State facilities by the project area. Additionally, we recommend the TIA be submitted prior to the circulation of the DEIR to ensure timely review of the submitted materials and a preliminary scoping meeting to discuss any potential issues. We offer the following comments: "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" El—Pg 25 Mr. Grahn September 12, 2017 Page 2 l) Submit three hard copies of all Y A documents and three electronic roes ror review. All State facilities within 5-mile radius of the Project should be analyzed in the TIA. The data used in the TIA should not be more than 2 years old, and shall be based on the Southern California Association of Governments 2012 or 2016 Regional Transportation Plan Model. Use the Highway Capacity Manual 6 methodology for all traffic analyses. (See Caltrans Guide for the Preparation of Traffic Impact ,Studies at h_ptt //www dot ca @ov/ha/tpp/offices/ocp/iar ceda files/ti-guide pdf) Caltrans is committed to providing a safe transportation system for all users. We encourage the City to embark a safe, sustainable, integrated and efficient transportation system and complete street to enhance California's economy and livability. A pedestrian/bike-friendly environment served by multimodal transportation would reduce traffic congestion prevalent in the surrounding areas. (See Complete Street Implementation Action Plan 2.0 at http•//www dot ca oe v/hq/tpp/offices/ocp/docs/CSIAP2 mt vdf). These recommendations are preliminary and summarize our review of materials provided for our evaluation. If this project is later modified in any way, please forward copies of revised plans as necessary so that we may evaluate all proposed changes for potential impacts to the SHS. If you have any questions regarding this letter, please contact Jacob Mathew (909) 806-3928 or myself at (909) 383-4557. Sincerel y, MARK ROBERTS Office Chief Intergovernmental Review, Community and Regional Planning "Provide a safe, sustainable, integrated and efficient transportation systemto enhance California's economy and livability" El—Pg 26 �•��is CITY OF RANCHO CUCAMONGA • •STAFF REPORT i- DATE: September 27, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner 4 INITIATED BY: Jennifer Nakamura, Associate Planner SUBJECT: MUNICIPAL CODE AMENDMENT DRC2017-00725 — CITY OF RANCHO CUCAMONGA - A request to amend Titles 8 and 17 of the Municipal Code to amend regulations regarding cannabis activity within the City. 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 City Council for final action. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution recommending the City Council approve Municipal Code Amendment DRC2017-00725, prohibiting all commercial cannabis activity, both medical and non -medical, prohibiting outdoor cultivation and allowing indoor cultivation consistent with State law. BACKGROUND: The Medical Cannabis Regulation and Safety Act (the MCRSA) was enacted on October 9, 2015 and established a State licensing scheme for commercial medical marijuana uses, while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a State license. The MCRSA allowed Rancho Cucamonga to completely prohibit commercial medical cannabis activities, but required cities to adopt regulations or prohibitions on the cultivation of cannabis either expressly or otherwise under the principles of permissive zoning. The MCRSA also contains language that permits cannabis delivery services to operate in a city, unless deliveries are expressly prohibited by local ordinance. The MCRSA follows the voters' approval of Proposition 215 (codified as California Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" or the "CUA") and the Legislature's enactment in 2004 of the Medical Marijuana Program ("MMP") (codified as California Health and Safety Code Section 11362.7 et seq.), which clarified the scope of Proposition 215. The intent of Proposition 215 was to allow use of cannabis for medical purposes without fear of criminal prosecution. Marijuana (also known as cannabis) nevertheless remains a Schedule 1 Drug under the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq. A Schedule 1 Drug is one that has a high potential for abuse, has no accepted medical use in treatment, and is not accepted as safe under medical supervision. Because it is classified as a Schedule 1 Drug, it is unlawful without exemptions under federal law for any person to cultivate, manufacture, distribute, dispense, or possess marijuana. E2—Pg 1 PLANNING COMMISSION STAFF REPORT DRC2017-00725 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 2 The City expressly banned the dispensing of marijuana from any facility or location, whether fixed or mobile, through adoption of a Development Code restriction in March, 2007. Cultivation and delivery were not specifically addressed, but the City has a permissive zoning ordinance which means that activities not expressly permitted are prohibited. Section 17.30.020.0 of the Rancho Cucamonga Municipal Code currently provides that all land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in that title. Commercial cannabis activities, including but not limited to cultivation and delivery of cannabis are not listed in the zoning district tables. The cultivation of cannabis was therefore already prohibited under the City's permissive zoning regulations. On November 2, 2016, the City Council adopted Ordinance No. 897 which expressly prohibited all commercial cannabis activities in the City, including deliveries, and prohibited all medical marijuana cultivation, including cultivation for medical use by a qualified patient or primary caregiver. This eliminated any ambiguity that could be interpreted by our permissive zoning ordinance. On November 8, 2016, California voters approved Proposition 64, which is also known as the California Marijuana Legalization Initiative and the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"). The AUMA, among other things, legalizes the use of non -medical marijuana for those who are 21 years of age or older and establishes a comprehensive system to regulate commercial non -medical marijuana activity. The AUMA permits cities to: (1) adopt and enforce local ordinances to regulate non -medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or (2) completely prohibit the establishment or operation of one or more types of marijuana businesses within its jurisdiction. The AUMA also grants State agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for marijuana businesses provided that a State licensing authority shall not approve an application for a State license for commercial non- medical marijuana activity if approval of the State license will violate the provisions of any local ordinance. Furthermore, the AUMA requires the State to begin issuing licenses to non -medical marijuana businesses by January 1, 2018. The AUMA allows for the planting, cultivation, harvesting, drying, and processing ("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence. The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of a private residence unless the California Attorney General determines that non -medical use of marijuana is lawful in the State under Federal law. On November 16, 2016, the City Council adopted Urgency Ordinance No. 900, valid'for45 days, that did the following: (1) prohibits all commercial non -medical marijuana activities within the City, including but not limited to commercial cultivation, sales and deliveries, (2) prohibits outdoor cultivation on a private residence and (3) permits indoor cultivation as required by the AMUA, limited to six live plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside a fully enclosed and secured accessory structure located upon the grounds of a private residence that is fully enclosed and secured. On December 7, 2016, the City Council extended the urgency ordinance for 10 months, 15 days to allow staff time to develop permanent regulations. The urgency ordinance is set to expire on November 15, 2017. E2—Pg 2 PLANNING COMMISSION STAFF REPORT DRC2017-00725 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 3 On June 27, 2017, the Governor signed into law Senate Bill 94 which repealed the MCRSA, included certain provisions of the MCRSA in the licensing provisions of the AUMA, and created a single regulatory scheme for both medical and non -medical cannabis known as the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). The MAUCRSA retains the provisions in the MCRSA and the AUMA that granted local jurisdictions control over whether commercial cannabis activity can occur in a particular jurisdiction. Specifically, California Business and Professions Code section 26200 provides that the MAUCRSA shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that completely prohibit the establishment or operation of one or more businesses licensed under the State, within that local jurisdiction. Furthermore, the MAUCRSA provides that a State licensing authority shall not approve an application for a State license for a business to engage in commercial cannabis activity if approval of the State license will violate the provisions of any local ordinance or regulation. The MAUCRSA requires that a State licensing authority begin issuing licenses to marijuana businesses beginning January 1, 2018. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful under Federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute, or dispense marijuana. Cities in California have reported negative effects of marijuana cultivation, processing, and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and for a period of two months or more, the plants produce a strong, unique odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors. This odor can have the effect of encouraging theft by alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery, or armed robbery of the plants and creating the potential for violent acts related to such criminal activity. ANALYSIS: A. General: The proposed amendment integrates and updates the prohibitions outlined in Ordinance numbers 791(2008), 897(2016) and Urgency Ordinance 900/900A(2016). The proposed ordinance does the following: (1) prohibit all commercial cannabis activities within the City, both medical and non- medical, including but not limited to commercial cultivation, sales and deliveries, (2) prohibits outdoor cannabis cultivation on a private residence and (3) permit indoor personal cannabis cultivation as required by the AMUA, limited to six live plants to be planted, cultivated, harvested, dried, or processed within a single private residence or inside a fully enclosed and secured accessory structure located upon the grounds of a private residence that is fully enclosed and secured. E2—Pg 3 PLANNING COMMISSION STAFF REPORT DRC2017-00725 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 4 The following table outlines the regulations proposed: Type of Use Proposed Regulation Medical Marijuana Dispensary Prohibited Commercial Marijuana Dispensary Prohibited Marijuana Trans o rtation/De livery Prohibited Marijuana Storage Prohibited Marijuana Laboratory Testing Prohibited Marijuana Cultivation — Personal Outdoor Prohibited Marijuana Cultivation — Personal (Indoor) Allowed in residential zones as required by law. Limited to 6 plants per residence. No use permit is required. Must acquire all necessary building permits for associated improvements (i.e. plumbing, electrical, etc.) Must not create any light, glare, odor, noise or vibration that interferes with the reasonable en'o ment of life or property.. Marijuana Cultivation — Commercial Prohibited Outdoor Marijuana Cultivation — Commercial Prohibited Indoor Violations of the regulations can be reported to Community Improvement for investigation and remedy. Violation of the ordinance is considered a misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months in prison. In addition, the City can bring civil action against violators. B. Environmental Assessment: This project is deemed exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to prohibit commercial cannabis activity will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. Therefore, the project by itself does not result in any physical changes in the environment. The project is also eligible for a Class 5 Categorical Exemption for minor changes. in land use limitations with an average slope of less than 20% that do not result in any changes in land use or density. Since the project is prohibiting all commercial cannabis uses, it will not result in changes in land use or density. Therefore, this project will not have a significant effect on the environment FACTS FOR FINDING: Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds that the Development Code amendment is consistent with the General E2—Pg 4 PLANNING COMMISSION STAFF REPORT DRC2017-00725 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 5 Plan goals, policies, and implementation programs. General Plan Land Use Policy LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. By prohibiting commercial cannabis activity and restricting personal cannabis cultivation to the greatest extent allowed by State law, the City is averting the reported negative effects of cannabis cultivation activities, including offensive odors, illegal sales and distribution of cannabis, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus and pests. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: None CORRESPONDENCE: Notice of the public hearing was published in the Inland Valley Daily Bulletin on September 14, 2017 as a large, 1/8th page legal notice. No correspondence has been received in response to the newspaper advertisement. EXHIBITS: Draft Resolution of Approval for Municipal Code Amendment DRC2017-00725 CB:JN/Is E2—Pg 5 RESOLUTION NO.17-82 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2017-00725, PROHIBITING ALL COMMERCIAL CANNABIS ACTIVITY, BOTH MEDICAL AND NON- MEDICAL, PROHIBITING OUTDOOR CULTIVATION AND ALLOWING INDOOR CANNABIS CULTIVATION CONSISTENT WITH STATE LAW A. Recitals 1, The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00725, 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 September 27, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above -referenced public hearing on September 27, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Land Use Policy LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment; and b. By prohibiting commercial cannabis activity and restricting personal cannabis cultivation to the greatest extent allowed by State law, the City is averting the reported negative effects of cannabis cultivation activities, including offensive odors, illegal sales and distribution of cannabis, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus and pests. 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to prohibit commercial cannabis activity will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. Therefore, the project by itself does not result in any physical changes in the environment. The project is also eligible for a Class 5 Categorical Exemption for minor changes in land use limitations with an average slope E2—Pg 6 PLANNING COMMISSION RESOLUTION NO.17-82 MUNICIPAL CODE AMENDMENT DRC2017-00725- CITY OF RANCHO CUCAMONGA September 27, 2017 Page 2 of less than 20% that do not result in any changes in land use or density. Since the project is prohibiting all commercial cannabis uses, it will not result in changes in land use or density. Therefore, this project will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2017-00725 as indicated in Attachment A incorporated herein by this reference. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA go ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of September 2017, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: E2—Pg 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING ALL COMMERCIAL CANNABIS ACTIVITY, BOTH MEDICAL AND NON -MEDICAL, PROHIBITING OUTDOOR CULTIVATION, AND ALLOWING INDOOR CANNABIS CULTIVATION CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows SECTION 1. The City of Rancho Cucamonga, has prepared Municipal Code Amendment DRC2017-00725, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the amendment'. A. The City of Rancho Cucamonga, California (the "City') is a municipal corporation, duly organized under the constitution and laws of the State of California. B. Over the years, the City has adopted ordinances pertaining to cannabis to address municipal options and issues presented by changes in State law. In 2008, Ordinance No. 793 was adopted to prohibit medical marijuana dispensaries throughout the City. C. On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643 into law, which were collectively known as the Medical Cannabis Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA established a State licensing scheme for commercial medical cannabis uses, while protecting local control by requiring that all such businesses have a local license or permit to operate in addition to a State license. The MCRSA allowed the City to completely prohibit commercial medical cannabis activities. D. In 2016, Ordinance No. 897 was adopted to prohibit all commercial cannabis activities in the City, including deliveries and prohibiting all medical marijuana cultivation, including cultivation for medical use by a qualified patient or primary caregiver. E. On November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"). The AUMA added Division 10 to the California Business and Professions Code, sections 26000, at seq., which grants State agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for cannabis businesses. The AUMA provides that the State shall begin issuing licenses to cannabis businesses under Division 10 of the California Business and Professions Code by January 1, 2018. California Business and Professions Code section 26055(e) provides that a State licensing authority shall not approve an application for a State license for commercial non -medical cannabis activity if approval of the State license will violate the provisions of any local ordinance. F. Immediately following the passage of the AMUA, Interim Ordinance No. 900/900- A was adopted to prohibit all commercial non -medical cannabis activities in the City, prohibiting outdoor cultivation on private residences and adopting regulations for indoor cultivation. ATTACH M ENTA0rdinance No. xxx —Page 1 of 11 E2—Pg 8 G. On June 27, 2017, the Governor signed into law Senate Bill 94 which repealed the MCRSA, included certain provisions of the MCRSA in the licensing provisions of the AUMA, and created a single regulatory scheme for both medical and non -medical cannabis known as the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). The MAUCRSA retains the provisions in the MCRSA and the AUMA that granted local jurisdictions control over whether commercial cannabis activity can occur in a particular jurisdiction. Specifically, California Business and Professions Code section 26200 provides that the MAUCRSA shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that completely prohibit the establishment or operation of one or more businesses licensed under the State, within that local jurisdiction. Furthermore, the MAUCRSA provides that a State licensing authority shall not approve an application for a State license for a business to engage in commercial cannabis activity if approval of the State license will violate the provisions of any local ordinance or regulation. The MAUCRSA requires that a State licensing authority begin issuing licenses to marijuana businesses beginning January 1, 2018. The MAUCRSA also requires that a city provide a copy of its ordinance regarding commercial cannabis activity to the Bureau of Cannabis Control. H. On the 27th day of September, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the amendment and, following the conclusion thereof, issued ,Resolution No. 17-82, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. I. On the 18th day of October, 2017, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing on that date. J. All legal prerequisites to the adoption of this Ordinance have occurred. SECTION 2. Based upon the substantial evidence presented to this Council during the above -referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the general plan goals, policies and implementation programs. General Plan Policy LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. By prohibiting commercial cannabis activity and restricting personal cannabis cultivation to the greatest extent allowed by State law, the City is averting the reported negative effects of cannabis cultivation activities, including offensive odors, illegal sales and distribution of cannabis, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus and pests. SECTION 3. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to prohibit commercial cannabis activity will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. Therefore, the project by itself does not result in any physical changes in the environment. The project is also eligible for a Class 5 Categorical Exemption for minor changes in land use limitations with an average slope of less than 20% that do not result in any changes in land use or density. Since the Ordinance No. xxx — Page 2 of 11 `i E2—Pg 9 project is prohibiting all commercial cannabis uses, it will not result in changes in land use or density and will not have a significant environmental impact. SECTION 4. Chapter 8.52 (Marijuana Cultivation and Cannabis Commerce) of Title 8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety and replaced as follows: "CHAPTER 8.52 CANNABIS PROHIBITIONS AND REGULATIONS Section 8.52.010: Definitions. Section 8.52.020: Prohibited activities. Section 8.52.030: Exceptions. Section 8.52.040: Violation, penalty. 8.52.010 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis' includes cannabis that is used for medical, non -medical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis' also does not include industrial .hemp, as defined in California Health and Safety Code section 11018.5. "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non -medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. Ordinance No. xxx — Page 3 of 11 E2—Pg 10 "Concentrated cannabis" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time. "Person" means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term "person" shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring. "Primary caregiver" shall have the same meaning as is defined in California Health and Safety Code section 11362.7(d), as the same may be amended from time to time. "Qualified patient" means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time. 8.52.020 Prohibited activities. Subject to the exceptions set forth in Section 8.52.030, the following activities are prohibited in the City: A. Commercial cannabis activity, whether or not for profit, is prohibited in the city. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the City. B. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or Ordinance No. xxx — Page 4 of 11 E2—Pg 11 engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City. C. Subsection A above shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time. D. Subject to the exceptions set forth in Section 8.52.030 below, and to the extent not already prohibited by subsection A above, all deliveries of cannabis or cannabis products, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. 8.52.030 Exceptions. A. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City. B. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1. C. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by State law to permit within its jurisdiction pursuant Business and Professions Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA. 8.52.040 Violation, penalty. In addition to any other enforcement permitted by this Chapter 8.52 of the Rancho Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71, et seq. or section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern." SECTION 5. Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and permit requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17 (Development Code) is hereby amended as follows: Ordinance No. xxx — Page 5 of 11 E2—Pg 12 TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/ VL L LM M MH H MU OP NC GC CC SC RRC CO IP GI MI/HI HI OS HR FC UC Zoning District Retail, Service and Office Uses Med4sal MariAGP,a Disp PJ N N N N N N N I N I Nl I N I N I NJ I N N LNJ N I NJ I Nl I PJ N I N Commercial N I N N N N N N N I N N I N I N I N I N I N N I N I N I N I N I N I N Cannabis Activity SECTION 6. Section 17.32.020(E)(36) is deleted in its entirety: SECTION 7. Section 17.32.020(E) is amended to add the following: Commercial Cannabis Activity. Any location providing for the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non -medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. SECTION 8. Chapter 17.94 (Medical Marijuana Dispensaries) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and replaced as follows: "CHAPTER 17.94 COMMERCIAL CANNABIS USES AND CULTIVATION Section 17.94.010: Purpose. Section 17.94.020: Prohibited uses. Section 17.94.030: Indoor cannabis cultivation. Section 17.94.040: Exceptions. Section 17.94.040: Violation, penalty. Ordinance No. xxx — Page 6 of 11 E2—Pg 13 17.94.010 Purpose. The purpose of this chapter is to regulate commercial cannabis uses, both medical and non -medical, in a manner that is consistent with the requirements of State law. 17.94.020 Prohibited Uses A. Commercial cannabis uses are expressly prohibited in all zoning districts, overlay districts and special planning areas in the City. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the City. The City shall not approve any application for a business license, building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use. B. Outdoor cannabis cultivation is expressly prohibited everywhere in the City. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors. C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with Section 17.94.030. 17.94.030 Indoor cannabis cultivation It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below. A. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence. B. The indoor cultivation of seven or more cannabis plants in a private residence is prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by State law. C. Only persons (21) years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code sections 11362.1 and 11362.2. D. Cannabis cultivation is permitted only within fully enclosed and secure structures. E. No person shall cultivate marijuana in any manner that causes any of the following conditions: 1. Light, glare, odor, noise, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property; or 2. Any violation of Chapter 17.66 of the Development Code. Ordinance No. xxx — Page 7 of 11 E2—Pg 14 17.94.040 Exceptions. A. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City. C. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1. D. Nothing in this chapter shall prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to Business and Profession Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA. 17.94.050 Violation, penalty. In addition to any other enforcement permitted by this Chapter 17.94 of the Rancho Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71, et seq. or section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern." SECTION 9. Chapter 17.134 (Medical Marijuana Definitions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety and replaced as follows: "CHAPTER 17.134 CANNABIS DEFINITIONS Section 17.134.010: Purpose. Section 17.134.020: Definitions. 17.134.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to cannabis. 17.134.010 Definitions. "Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes Ordinance No. xxx — Page 8 of 11 E2—Pg 15 cannabis that is used for medical, non -medical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5. "Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non -medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. "Commercial cannabis use" means the use of any property for commercial cannabis activity. "Compassionate Use Act" means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5. "Concentrated cannabis" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time. "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete Ordinance No. xxx — Page 9 of 11 E2—Pg 16 visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. "Indoor" means within a fully enclosed and secure structure. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time. "Medical Marijuana Program" means California Health and Safety Code Sections 11362.7 through 11362.83, as such statutes may be amended from time to time. "Outdoors" means any location that is not within a fully enclosed and secure structure. "Person" means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term "person" shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring. "Primary caregiver" shall have the same meaning as is defined in California Health and Safety Code section 11362.7(d), as the same may be amended from time to time. "Private residence" means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence. "Qualified patient" means a person who is entitled to the protections of California Health and Safety Code section 11362.5, as the same may be amended from time to time, but who does not have an identification card. SECTION 10. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 11. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. Ordinance No. xxx — Page 10 of 11 E2—Pg 17 SECTION 12. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. xxx — Page 11 of 11 E2—Pg 18 STAFF REPORT DATE: September 27, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner% INITIATED BY: Jennifer Nakamura, Associate Planner SUBJECT: MUNICIPAL CODE AMENDMENT DRC2017-00726 — CITY OF RANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Municipal Code to modify parkway landscaping requirements, adopt revised State water efficient landscape standards, and amend the conditionally permitted zones for indoor amusement and entertainment uses. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines under CEQA Section 15061(b)(3). This item will be forwarded to the City Council for final action. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution recommending the City Council approve Municipal Code Amendment DRC2017-00726, modifying residential parkway landscaping requirements, adopting revised State water efficient landscape standards, and amending the conditionally permitted zones for indoor amusement and entertainment uses. BACKGROUND: In 2012, the City adopted a comprehensive Development Code update. Since then, staff has presented over 15 code amendments to the Planning Commission and City Council to address new uses, updating development standards as needed, and responding to changes in State law. The changes proposed in this amendment would: (1) clarify landscape standards in residential parkways, (2) formally adopt by reference the updated State Model Water Efficient Landscape Ordinance (MWELO), and (3) conditionally permit indoor amusement and entertainment uses within IP and GI zoning districts. ANALYSIS: A. Residential Parkway Landscaping: In 2015, the Governor issued Executive Order B-29-15, which required a mandatory 25% statewide reduction in urban water use through February 2016; required commercial, industrial, and institutional users to implement water efficiency measures; prohibited irrigation with potable water of ornamental turf in public street medians; and placed additional restrictions on irrigation systems outside newly constructed homes and buildings. In August, 2015, the City Council, on recommendation from the Planning Commission, adopted Ordinance No. 879, which amended the residential landscape requirements by updating the front yard landscaping ratio, eliminating the requirement for turf in residential E3—Pg 1 PLANNING COMMISSION STAFF REPORT DRC2017-00726 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 2 front yards and clarifying standards for decorative hardscape. These changes gave residents greater latitude to modify their front yard landscapes to reduce their water consumption. Per the Metropolitan Water District, up to 70% of residential water use is used for landscaping. In April, 2017, the Governor issued Executive Order B-37-16 which declared the drought over throughout most of the state, but required State water agencies to continue making changes to make water conservation a way of life in California to bolster California's climate and drought resistance. Staff continues to receive numerous calls from residential, commercial and industrial property owners inquiring about modifying their existing landscape to reduce water consumption. The changes proposed in this amendment add standards for materials to be used in residential parkway areas. Parkways are counted as part of the front yard area and are generally maintained by homeowners. Parkways have different landscaping needs compared to the remainder of the front yard, as it is bordered by publicly accessible areas (i.e. sidewalk and street). Materials need to be limited to those that will enhance the public space, provide water saving benefits and not negatively impact publicly accessible areas. The proposed standards include: 1. Prohibiting the use of sharp, pointed and thorn type plant structures. 2. Permit the use of turf alternative (i.e. groundcovers and grasses), including synthetic turf as well as mulch or bark. 3. Allow specific decorative hardscapes (i.e. Decomposed Granite, gravel). 4. Specify the installation of mulch, bark or decorative hardscape to prevent migration of material onto the street or sidewalk. 5. Require protection and irrigation of existing parkway trees. B. State Model Water Landscape Ordinance: In 2009, the Department of Water Resources (DWR) adopted the Model Water Efficient Landscape Ordinance (MWELO) to ensure water efficiency in urban• landscapes. Local agencies were mandated to either develop and adopt their own ordinance or adopt the MWELO. Beginning in 2008, City staff participated in the Inland Empire Landscape Alliance (LA), led by the Inland Empire Utilities Agency (IEUA), which drafted a regional version of the MWELO, based on the draft version of the State MWELO. In November, 2009, the City Council, on recommendation from the Planning Commission, adopted Ordinance No. 823, adopting the regional version of the MWELO with minor revisions. Executive Order B-29-15 directed the Department of Water Resources (DWR) to update the MWELO to further reduce landscape water use. On July 15, 2015, the California Water Commission adopted DWR's revised ordinance though the emergency rule making process, which limited public review and comment. The newly revised ordinance requires new residential and commercial landscapes to use up to one-third less water on average. Additionally, it limits lawns in commercial settings to recreation and public assembly and prohibits turf in non-residential areas, in parkways less than 10 feet wide, street medians with some exceptions and requiring compliance guidelines for use with efficient automatic sprinklers. The table below outlines the key revisions to the revised State MWELO. E3—Pg 2 PLANNING COMMISSION STAFF REPORT DRC2017-00726 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 3 State MWELO 2015 Key Revisions Lower Landscape Size Threshold The MWELO applies to residential projects, as follows: New landscape projects: The threshold size was reduced from Z500 square feet to 500 square feet for new residential landscape projects. The size threshold (in aggregate) applies to landscape projects that require "a building or landscape permit, plan check, or design review'. Rehabilitated landscape proiects: The size thresholds for existing landscapes that are being rehabilitated has not changed, remaining at 2,500 square feet (in aggregate). Only rehabilitated landscapes that are associated with a building or landscape permit, plan check, or design review are subject to the Ordinance. Streamlined Compliance for Small The State's revision includes a prescriptive checklist as an Projects option for compliance for landscapes between 500 and 2,500 square feet. For example, for projects utilizing a prescriptive checklist, turf cannot exceed 25% of the project area for residential projects, and no turf is permitted for non-residential projects. Encouraged Use of Graywater and To encourage the reuse of water from sinks, tubs, and other Recycled Water washing machines ("graywater"), the model Ordinance allows landscapes under 2,500 square feet that are irrigated with only graywater or captured rainwater to meet a simple irrigation checklist and relief from the entire Ordinance. Changes to the Maximum Applied Water Allowance (MAWA) give significantly more benefit to the water reuse technology ra ater & recycled water). Increased Onsite A requirement was added that landscape areas should Stormwater/Rainwater Capture have 'friable' soil (soil that is easily broken up and allows and Retention water to penetrate) to maximize stormwater infiltration. To make soils more friable, four cubic yards of compost must now be incorporated per 1,000 square feet of permeable area. The depth of mulch required was increased from 2 to 3 inches. Increased Irrigation Efficiency Dedicated landscape water meters or submeters are required for residential landscapes over 5,000 square feet (for non-residential properties, the threshold is 1,000 square feet). Flow sensors that detect and report high flow conditions due to broken pipes and/or popped sprinkler heads are required for landscape areas greater than 5,000 square feet. Master shut-off valves that prevent water waste in case of large failures of irrigation systems due to breakage or vandalism are required on all landscapes. All irrigation emission devises must meet National Standards. E3—Pg 3 PLANNING COMMISSION STAFF REPORT DRC2017-00726 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 4 Lower Maximum Applied Water The Maximum Allowed Water Allocation (MAWA) has Allowance (MAWA) been lowered from 70% of the reference evapotranspiration (ETo) to 55% for residential landscape projects. Changes in the water allowances reduce the landscape area that can be planted with high water use plants such as cool season turf. The worksheets for the MAWA and the Estimated Total Water Use (ETWU) have been combined into one table. Larger areas of high water use plants can be installed if the water use is reduced in the other areas, provided the overall landscape stays within budget. Mandatory Reporting on The revised MWELO required local agencies to report on Implementation and Enforcement the implementation and enforcement of their single agency Local Ordinance to DWR annually. The revised MWELO became effective on December 1, 2015. If a local agency did not act to adopt the revised MWELO or a local water efficient landscape ordinance, the State's ordinance became effective by default. Staff contacted IEUA to determine if they were going to re -activate the Landscape Alliance to draft a revised regional ordinance and they told us they would not. Due to the amount of time and staff resources required to revise our local ordinance, the City chose to let the State MWELO become effective by default with the intent to incorporate the new MWELO by reference later. As part of this annual code update, we are eliminating the 2009 water efficient landscape standards in Chapter 17.82 and adopting the 2015 State MWELO by reference. We have been informed by DWR that the next update to the MWELO will be completed in 2020. C. Indoor Amusement and Entertainment Uses: Earlier this year, Exodus Escape Room approached staff about operating an "escape room" venue within the General Industrial District. An escape room is a physical adventure game in which players solve a series of puzzles using clues, hints and strategy to complete the objectives at hand. Players are given a set time limit to unveil the secret plot which is hidden within the room. Escape rooms have gained in popularity in the U.S. over the last several years and are often recommended as appropriate corporate team building exercises, but can be played for personal enjoyment as well. Based on the description of the use, staff determined that the appropriate land use classification was 'Indoor amusementlentertainment facility". Indoor amusement/entertainment facility is currently defined as "An establishment providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms and electronic game arcades, as primary uses. Four or more electronic games or coin -operated amusements in any establishment, or premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an amusement device arcade as described above; three or less machines are not considered a land use separate from the primary use of the site". This use is currently permitted either by -right or conditionally in most commercial districts, but is prohibited in Industrial Park (IP) and General Industrial (GI) districts. However, staff noted that there were other uses that fit the "Indoor amusementlentertainment facility" definition within the IP zone, notably Jumping E3—Pg 4 PLANNING COMMISSION STAFF REPORT DRC2017-00726 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 5 Jacks and Pump It Up, which are indoor inflatable playgrounds that have open play time as well as hosting birthday parties and group events. Research into the land use tables of the pre-2012 version of Development Code provided additional insight. In the previous version of the Code, these types of uses were classified as 'Recreational Facilities", which was defined as "Activities typically include, but are not limited to, sports performed either indoors or outdoors, which require a facility for conducting the recreational activity. Uses typically include, but are not limited to, health clubs, exercise studios or classes, swimming centers, skating rinks, bowling alleys, tennis courts, sports fields and golf courses. A review of business license records for Jumping Jacks and Pump It Up confirmed that they were classified as a recreational facility during the zoning compliance review of the business license. At the time of its establishment, Jumping Jacks was permitted by right in its district (GI, subarea 8) and Pump It Up was conditionally permitted (DRC2005-00182) in its district (IP, subarea 7). Staff believes that "Indoor amusement/entertainment facility' and 'Recreational Facilities" are substantially similar for the proposed use and recommend expanding the definition of 'Indoor amusementlentertainment facility" to include escape rooms and other indoor entertainment uses and expand the permitted zoning districts to permit this use within the GI and IP districts with a Conditional Use Permit. D. Environmental Assessment: This project is deemed exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amend the municipal code to (i) clarify standards for the use of turf alternative landscape materials in residential parkways; (ii) formally adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zones will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The proposed modifications to landscape standards in residential parkways and the revised MWELO will implement policies and procedures to ensure that water resources are conserved by reducing water consumption through the planning, designing, installing, maintaining and managing of water -efficient landscapes. The addition of indoor amusement and entertainment uses to the IP and GI zoning districts does not propose any physical change to the environment itself. The amendment only revises the land use regulation that applies to where indoor amusement and entertainment uses are allowed. It does not permit nor allow the construction of any new locations. Applications for indoor amusement and entertainment uses will be reviewed for CEQA compliance under a separate Conditional Use Permit application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site -specific project. On a case -by - case review of each project, the appropriate environmental document will be prepared to address project -specific impacts. Therefore, this project will not have a significant effect on the environment. E3—Pg 5 PLANNING COMMISSION STAFF REPORT DRC2017-00726 — CITY OF RANCHO CUCAMONGA September 27, 2017 Page 6 FACTS FOR FINDING: Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds that the Development Code amendment is consistent with the General Plan goals, policies, and implementation programs. General Plan Policy LU-10.3 promotes low water usage, and emphasizes fire -safe defensible space. By allowing turf alternatives in residential parkways, we are reducing the amount of water needed in residential landscapes. General Plan Policy LU-10.1 promotes the implementation of the City's Water Efficiency Ordinance and encourages regular review and update. Adopting the State MWELO keeps our ordinance up to date with the latest in water use efficiency standards. General Plan Policy LU- 3.2 encourages a mix of retail, service, industrial and manufacturing, and professional uses that create diverse, well -paying employment opportunities. Adding indoor entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow for new uses that are compatible with these zones; however, by allowing it only as a conditionally permitted use, the City will review each one proposed for suitability to avoid conflict with surrounding uses. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: None CORRESPONDENCE: Notice of the public hearing was published in the Inland Valley Daily Bulletin on September 14, 2017 as a large, 1/8th page legal notice. No correspondence has been received in response to the newspaper advertisement. EXHIBITS: Exhibit A - Executive Order B-37-16, Issued by Governor Brown Exhibit B - State Model Water Efficient Landscape Ordinance, to be adopted by reference Exhibit C - Article from The Washington Post, It's No Puzzle Why 'Escape Room' Adventures Are So Popular Exhibit D - Article from Succesfulmeetings.com, Escape Rooms Offer a New Take on Teambuilding Draft Resolution of Approval for Municipal Code Amendment DRC2017-00726 CB:JN/Is E3—Pg 6 ix;texufive �>partmettt State of (ralifurnin EXECUTIVE ORDER B'-37-16 MAKING WATER CONSERVATION A CALIFORNIA WAY OF LIFE WHEREAS California has suffered through a severe multi -year drought that has threatened the water supplies of communities and residents, devastated agricultural production in many areas, and harmed fish, animals and their environmental habitats; and WHEREAS Californians responded to the drought by conserving water at unprecedented levels, reducing water use in communities by 23.9% between June 2015 and March 2016 and saving enough water during this period to provide 6.5 million Californians with water for one year; and WHEREAS severe drought conditions persist in many areas of the state despite recent winter precipitation, with limited drinking water supplies in some communities, diminished water for agricultural production and environmental habitat, and severely - depleted groundwater basins; and WHEREAS drought conditions may persist in some parts of the state into 2017 and beyond, as warmer winter temperatures driven by climate change reduce water supply held in mountain snowpack and result in drier soil conditions; and WHEREAS these ongoing drought conditions and our changing climate require California to move beyond temporary emergency drought measures and adopt permanent changes to use water more wisely and to prepare for more frequent and persistent periods, of limited water supply; and WHEREAS increasing long-term water conservation among Californians, improving water use efficiency within the state's communities and agricultural production, and strengthening local and regional drought planning are critical to California's resilience to drought and climate change; and WHEREAS these activities are prioritized in the California Water Action Plan; which calls for concrete, measurable actions that "Make Conservation a California Way of Life" and "Manage and Prepare for Dry Periods" in order to improve use.of water in our state. EXHIBIT A —A NOW, THEREFORE, I, EDMUND G. BROWN JR„ Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular California Government Code sections 8567 and 8571, do hereby issue this Executive Order, effective immediately. IT IS HEREBY ORDERED THAT: The orders and provisions contained in my January 17, 2014 Emergency Proclamation, my April 25, 2014 Emergency Proclamation, Executive Orders B-26-14, B-28-14, B-29-15, and B-36-15 remain in full force and in effect except as modified herein. State agencies shall update temporary emergency water restrictions and transition to permanent, long-term improvements in water use by taking the following actions. USE WATER MORE WISELY The State Water Resources Control Board (Water Board) shall, as soon as practicable, adjust emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions across the state. To prepare for the possibility of another dry winter, the Water Board shall also develop, by January 2017, a proposal to achieve a mandatory reduction in potable urban water usage that builds off of the mandatory 25% reduction called for in Executive Order B-29-15 and lessons learned through 2016. 2. The Department of Water Resources (Department) shall work with the Water Board to develop new water use targets as part of a permanent framework for urban water agencies. These new water use targets shall build upon the existing state law requirements that the state achieve a 20% reduction in urban water usage by 2020. (Senate Bill No. 7 (7th Extraordinary Session, 2009-2010).) These water use targets shall be customized to the unique conditions of each water agency, shall generate more statewide water conservation than existing requirements, and shall be based on strengthened standards for: a. Indoor residential per capita water use; b. Outdoor irrigation, in a manner that incorporates landscape area; local climate, and new satellite imagery data; c. Commercial, industrial, and institutional water use; and d. Water lost through leaks. The Department and Water Board shall consult with urban water suppliers, local governments, environmental groups, and other partners to develop these water use targets and shall publicly issue a proposed draft framework by January 10, 2017. wnl' 3. The Department and the Water Board shall permanently require urban Water suppliers to issue a monthly report on their water usage, amount of conservation achieved, and any enforcement efforts. ELIMINATE WATER WASTE 4. The Water Board shall permanently prohibit practices that waste potable water, such as: • Hosing off sidewalks, driveways and other hardscapes; • Washing automobiles with hoses not equipped with a shut -,off nozzle; • Using non -recirculated water in a fountain or other decorative water feature; • Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and • Irrigating ornamental turf on public street medians. 5. The Water Board and the Department shall direct actions to minimize water system leaks that waste large amounts of water. The Water Board, after funding projects to address health and safety, shall use loans from the Drinking Water State Revolving Fund to prioritize local projects that reduce leaks and other water system losses. 6. The Water Board and the Department shall direct urban and agricultural water suppliers to accelerate their data collection, improve water system management; and prioritize capital projects to reduce water waste. The California Public Utilities Commission shall order investor -owned water utilities to accelerate work to minimize leaks. 7. The California Energy Commission shall certify innovative water conservation and water loss detection and control technologies that also increase energy efficiency. STRENGTHEN LOCAL DROUGHT RESILIENCE 8. The Department shall strengthen requirements for urban. Water Shortage Contingency Plans, which urban water agencies are required to maintain. These updated requirements shall include adequate actions to respond to droughts lasting at least five years, as well as more frequent and severe periods of drought. While remaining customized according to local conditions, the updated requirements shall also create common statewide standards so that these plans can be quickly utilized during this and any future droughts. 9. The Department shall consult with urban water suppliers, local governments, environmental groups, and other partners to update requirements for Water Shortage Contingency Plans. The updated draft requirements shall be publicly released by January 10, 2017. _., 10. For areas not covered by a Water Shortage Contingency Plan, the Department shall work with counties to facilitate improved drought planning for small water suppliers and rural communities. IMPROVE AGRICULTURAL WATER USE EFFICIENCY AND DROUGHT PLANNING 11.The Department shall work with the California Department of Food and Agriculture.to update existing requirements for Agricultural Water Management Plans to ensure that these plans identify and quantify measures to increase water efficiency in their service area and to.adequately plan for periods of limited water supply. 12.The Department shall permanently require the completion of Agricultural Water Management Plans by water suppliers with over 10,000 irrigated acres of land. 13.The Department, together with the California Department of Food and Agriculture, shall consult with agricultural water suppliers, local governments, agricultural producers, environmental groups, and other partners to update requirements for Agricultural Water Management Plans, The updated draft requirements shall be publicly released by January 10, 2017. The Department, Water Board and California Public Utilities Commission shall develop methods to ensure compliance with the provisions of this Executive Order, including technical and financial assistance, agency oversight, and, if necessary, enforcement action by the Water Board to address non -compliant water suppliers. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. IFURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 9th day of May 2016. COL a M EDMUND G. BROWN JR. Governor of California ALEX PAtDILLA Secretary of State f s�.v.Jv Title 23 Department of Water Resources § 490 entering into the loan contract. For investor -owned utilities, meetings or hearings held by the Public Utilities Commission may serve as Project Feasibility Meetings. (b) Before a Project Feasibility Meeting, the supplier shall: (1) Makeavailable information describing the project in a form and lo- cation thatwill enable the water users to review it and to make appropri- ate comments. The inf rmialion must be made available for a period of at least fifteen days before the Project Feasibility Meeting. (2) Establish n date for the meeting agreeable to the Department and Department of Health Services. (3) Notify the Department, the Department of Health Services and ap. propriatc county health agencies in writing at least twenty calendar days before the meeting, and notify all water users and the local news media in writing at least fifteen calendar days before the meeting. The notice shall state: the date, time, location, and purpose of the meeting and the location ofinfarmation describing the project forreview by the water us- ers. Sample notice forms will be provided by the Department. (4) Obtain a meeting place of sufficient size and at a convenient loca- tion to accommodate the anticipated attendance. (a) The agenda of the meeting shall include the following matters: (1) A discussion of applicable public health and water works standards, m- isting and potential health hazards associated with the water system, how the proposed project will bring the system to minimum health standards, and alternative solutions to the problem. (2) The supplier shall describe the proposed project in detail, using maps, charts, and other illustrative devices, if appropriate. The discussion shall include the costs, sources of funds, the amount of the loan -grant commitment, and changes in water costs resulting from the project. (3) A representative ofthe State may describe the Act, the State's role in its administration and the Department's recommendation regarding the supplier's loan application. Persons present at the meeting shall be permitted to ask questions regarding all subjects discussed at the meet- ing (d) lfw represcotative of the Department is present at the meeting the supplier shall submitnn officialwrinen report to lheDepartment describ- ing the meeting and its outcome including the resultsof any vote taken. NOTE- Authority cited: Section 13834, Water Code. Refceacc Section 13834, Water Code. § 489.1. Plans and Specifications. Before commencing construction, each Supplier shall provide de- tailed plans and specifications to the Department of Health Services for review and approval by a registered Civil Engineer employed by the Do- partment of Health Services. Unless otherwise authorized in writing by the Department ofHealth Services, the supplier shall not commence con- strucdon without written notification from theDepartment ofHealth Ser- vices that the plans and specifications have been approved. NOR+: Authority cited: Section 13934, Water Code. Refemrice: Section 13837. Water Code. § 489.2. Certification of Completion. Department ofHealth Services shall inspect the completed project and if satisfied that the project has been completed in accordance with ap- proved plans and specifications, shall provide the supplier and the De- partment with written certification to that effect NOTE Authority and: Section 13834, Water Code. Reforeace: Section 01134, Water Code. Chapter 2.6. Weather Resources Management [Repealed] NOTE: Authority cited: Sections 161,401, 403 end 6078, Water Cade. Reference: Sections 401. 402 and 403. Water Code and Section 21000 or seq., Public Re. sources Coda. HlsroRY 1. New Subchapler2.6 (Articles 1-5, Sections 490-495.03, not comecutive) filed 9-28-79; effective thirtieth day thereafter (Registec79, No. 39). 2. Repealer of Subchapter 2.6 (Articles 1-5, Section 490-495.03, net consecu. give. aotpreviamly repealed by OAL Order of Repeal) filed 6-5-S6; effective thirtiethdaytheoxifter(Register 86, No. 23). Forpriorhistary, see Register85, No. 26; 81, Nos. 40 and 38, and 80, No. 7. Chapter 2.7. Model Water Efficient Landscape Ordinance §490. Purpose. (a) The State Legislature has found: (1) that the waters of the state are of limited supply and are subject to ever increasing demands; (2) that the continuation of California's economic prosperity is depen- dent on the availability of adequate supplies of water for future uses; (3) that it is the policy ofthe State to promote the conservation and effi- cient use of water and to prevent the waste of this valtmble resource; (4) that landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offer- ing fire protection, and replacing ecosystems lost to development; (5) that landscape design, installation, maintenance and management can and should be water efficient; (6) that Section 2 of Article X of the California Constitution specifies thatthe right to usewater is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. (b) Consistent with the legislative findings, the purpose of this model ordinance is to: (1) promote the values and bencrrts of landscaping practices that inte- grate and go beyond the conservation and efficient use of water, (2) establish a structure for planning, designing, installing, maintain- ing and managing water efficient landscapes in new construction andre- habilitated projects by encouraging the use of a watershed approach that requires cross -sector collaboration of industry, government and proper- ty owners to achieve the many benefits possible; (3) establish provisions for water management practices and water waste prevention for existing landscapes; (4) use watetefffciently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reducewater use to the lowest practiced amount; (5) promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; (6) encourage local agencies and water purveyors to use economic in- centives that promote the efficient use of water, such as implementing a tiered -rate structure; and (7) encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance. (c) Landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve California's environmentalconditions and provide benefits and realize sustatinabifity, goals. Such landscapes will make the urban environment resilient in the face of climatic extremes. Consistent with the legislative findings and purpose of the Ordinance, conditions in the urban setting will be im- proved by: (1) Creating the conditions to support life in the soil by reducing com- paction, incorporating organic matter that increases wutu retention, and promoting productiveplant growth that lea& to mom carbon storage, ox- ygen production, shade, habitat and esthetic benefits. (2) Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade uses in urban areas. (3) Conserving waterby capturing and reusing rainwater and graywa- ter wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment (4) Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materi- Page 37 Regae,20U, 11a 38:9-18-1015 EXHIBIT B E3-Pg 11 490.1 HA RCI.AYS CALIFORNIA CODE OF REGULATIONS als, and using compost, mulch and efficient irrigation equipment to pre- vent erosion. (5) Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted non -natives and avoiding invasive plants Utilizing integrated pest management with leasttoxic methods as die first course of action. NOTE: Authodtycited: Section 65593, Government Cade; and sections Il and30, Govmm sEx=.OnlerNo.B-29-15(April 1, 2015). Reference Sections65591, 65593 and65596, Gavemment Codc: and action 11, Goeemor's am Ordallo. B-29-15 (April 1, 2015). HISTORY I. Newchapter2.7 (sections 490-495) filed 7-31-92; operative 7-31-92 (Regis- ter 92, No. 32). 2. Amendment of section and NOTE riled 9-10-2009; operative 9-10-2009 pu- suant to Government Code section. 11343.4 (Register 2009, No. 37). 3. Amendment of subsections (a)(4) and (bXl)-(Z), new mbsecdons (c)-(c)(5) and amendmmtofNory filed 9-I5-2015; operative 9-15-2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B -29-15 (4-1-2015) (Register 2015, No. 38). § 490.1. .Applicability. (a) Ara December 1, 2015, and consistentwith Executive Order No. B-29-15, this ordinance shall apply to all of the following landscape projects: (I) new construction projects with an aggregate landscape area equal to or greater than 500 square feel requiring a building or landscape per- mit, plan check or design review; (2) rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square foci requiring a building or land- scape permit. plan check, or design review; (3) existing landscapes limited to Sections 493, 493.1 and 493.2; and (4) cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492A, 492.11, and 492. 12; and existing cemeteries are limited to Sec- tions 493, 493.1, and 493.2. (b) For local land use agencies working together to develop a regional water efficient landscape ordinance, the reporting requirements of this ordinance shall become cff:ctive December 1, 2015 and the remainder of this ordinance shag be effective no later than February 1, 2016. (c) Any project with an aggregate landscape area of2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D. (d) Forprojects using vented or untreated gcaywatcr or rainwater cap- tured on site, arty lot or parcel within the project that has less than 2500 sq. ft of landscape and meets the lot or parcel's landscape water require - men t(EstimatedToml WaterUse) entirely with treated or untreated gray - water or through stored rainwater captured on site is subject only to Ap- pendix D section (5). (e) This ordinance does not apply to: (1) registered local, state or federal historical sites; (2) ecological restoration projects that do not require a permanent ir- rigation system; (3) mined -land reclamation projects that do not require a permanent irrigation system; or (4) existing plant collections, as part ofbomnical gardens and arbore- tums open to the public. NOTE: Authority cllcd: Section 65595, Gweram ml Code; andsectios I I and 30, Governor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Section 65596, Oovemment Cade; and section 11, Governor's am. Order No. B-29-15 (April 1, 2015). HISTORY 1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Gavemmcm Code section 11343.4 (Regista 2009, No. 37). 2. Amendment of section and NOTE filed 9-I5-2015; operative 9-15-2015. Ex. empt from OAL review and submitted to OAL for printing only pursuam to Governor's Executive OrdcrNo. B-29-15 (4-1-2015) (Register 2015, No. 38). §491. Definitions. The terms used in this ordinance have the meaning set forth below: Title 23 (a) "applied water" mews the portion of water supplied by the irriga- tion system to the landscape. (b) "automatic Irrigation controllers" means a liming device used to re- motely control valves that operate an irrigation system. Automatic Irriga- tion controllers are able to self -adjust and schedule irrigation events us- ing either evapotranspiration (weather -based) or soil moisture data. (c) "backflow, prevention device" means a safety device used to pre- vent pollution or contamination of the water supply duo to the reverse flow of water from the irrigation system. (d) "Certificate of Completion" moms the document required under Section 492.9. (e) "certifled irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WamrSense irrigation designer certification pro- gram and Irrigation Association's Certified irrigation Designerprogram. (f) "certified landscape irrigation auditor' means a person certified to perform landscape irrigation audits by an accredited academic )nstitu- lion, a professional trade organization or otter program such as the US Environmental Protection Agency's WaterSmse irrigation auditor certi- fication program and Trrgation Association's Certified Landscape Ir- rigation Audilorprogmm. (g) "check valve or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to bold water in the system to prevent drainage from sprinklerheads when the sprinkler is off. (h) "common interest developments" means community apartment projects, condominium projects, planned developments, and stock coop- eratives per Civil Code Section 1351. () "compost" means the safe and stable productof controlled biologic decomposition of organic materials that is beneficial to plant growth. 0) "conversion factor (0.62)" mcans the number that converts acre - inches per acre per year to gallons per square foot per year. (k) "distribution uniformity" means the measure of the uniformity of irrigation water over a defined area. (f) "drip irrigation" means any non-spmy low volume irrigation sys- tem utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes; of water slowly at or near the root zone of plants. (m) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, Indigenous, historic ecosys- tem. (n) "effective precipitation" or"usable rainfall" (Eppt) means thepor- tion of total precipitation which becomes available for plant growth. (a) "emitter' means a drip irrigation emission device that delivers wa- ter slowly from the system to the soil. (p) "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typical- ly, most plants are established after one or two years of growth. (q) "establishment period of the plants" means the first year after installing the plant In the landscape or the fast lwoyears if irrigation will be terminated after ostablisbmonl. Typically, moslplants are established aliarone ortwo years ofgrowth. Native habitat mitigation areas sort trces may need three to five years for establishment (r) "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section 492.4. (s) "ET adjustment factor' (ETAF) means a factor of 0.55 for to iden- lial areas and 0.45 for non-residential areas, that, when applied to refer- ence evapotranspiration, adjusts for plant factors and irrigation efHcim- cy, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non -rehabili- tated) Special Landscape Areas shall not exceed I.O. The ETAF for exist- ing non -rehabilitated landscapes is 0.8. Page 38 B-Fig 12 Resin. 2W.N'e 39,9-18-2015 Title 23 ])apartment of Water Resaurces § 491 (t) "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (u) "flow mtc° means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (v) "flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors most be connected to an automatic irrigation con- troller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also func- tion as a landscape water meter or submeter. (w) "friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material require- ments, whereby the root structure of newly planted material will be al- lowed to spread unimpeded. (x) "Fuel Modification Plan Guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. (y) "gmywatee' means unmated wastewater that has not been con- taminated by any toilet discharge, has not been affected by infectious, contaminated or unhealthy bodily wastes, and does not present a threat from contarnination by unhealthful processing, manufacturing, or oper- ating wastes. "Graywateer" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing ma- chines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12. (z) "hardsoapes" means any durable material (pervious and non -pa - vines). (an) "hydrozone" means a portion ofthe landscaped arm having plants with similar water needs and rooting depth. A hydroeoae may be irri- gated or non -irrigated. (bb) "infiltration rate" means the rate of water entry into the soil a - pressed as a depth of water per unit of time (e.g., inches per hour). (cc) "invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources, invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (dd) "irrigation audit' means an in-depth evaluation of the perfor- tnance ofan irrigation system conducted by a Certified Landscape Irriga- tion Auditor. An irrigation audit includes, but is not limited to: inspec- tion, system tuno-up, system rest with distribution uniformity or emission uniformity, reporting overspray or muff that causes overland flow, and preparation of an irrigation schedule. The audit must be con- ducted in a manner consistent with the Irrigation Association's Land- scape Irrigation Auditor Certification program or other U.S. Environ- mental Protection Agency "Watersense" labeled auditing program. (cc) "irrigation efficiency" (IE) means the measurement of the amount ofwaw beneficially used divided by the amount ofwater applied.Irriga- tion efficiency is derived from measurements and estimates of irdgation system characteristics and management practices. The irrigation effi- ciency forpurposes of this ordinance arc 0.75 for overhead spray devices and 0.81 for drip systems. (fl) "irrigation survey" means an evaluation of an irrigation system that is has detailed than an irrigation audit An irrigation survey includes, but is not limited to: inspection, system test, and written recommenda- tions to improve performance of the irrigation system. (gg) "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. (bh) "landscape architect" means a person who holds a license topmo- tice landscape architecture in the state of California Business and Profes- sions Code, Section 5615. (ii) "landscape ¢rent' means all the planting auras, turfareas, and water features in a landscape design plan subject to the Maximum A pplied Wa- ter Allowance calculation. The landscape arcs does not include foot- prints of buildings or structure, sidewalks, driveways, packing lots, decks, patios, grave( or stone walks, other pervious or non -pervious hardscapcs, and other non -irrigated areas designated for non-devclop- mant (e.g., open spaces and existing mative vegetation). (ij) "landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the dovel- opment of landscape systems. (kit) "Landscape Documentation Package" means the documents in- quired under Section 492.3. (10 "landscape project" means total area of landscape in n project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 490.1. (mm) "landscape water mean" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. (nn) "lateral line" means the water delivery pipeline that supplies wa- ter to the emitters or sprinklers from the valve. (oo) "local agency" means a city or county, including a charter city or charter county, that is responsible foradopting and Implementing the or- dinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project (pp) "local water purveyor means any entity, including a public agency, city, county, or private water company that provides retail water service. (qq) "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-vol- unit emitters such as drip, drip lines. and bubblers. Low volume irriga- tion systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (rr) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (ss) "master shut-off valve" is an automatic valve installed at the ir- rigation supply point which controls water flow into the irrigation sys- tem. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve. (lt) "Maximum Applied Water Allowance" (MAWA) means the up- per limit of annual applied water for the established landscaped area as specified in Section 492.4. It is based upon the area's reference evapo- transpiration, the ET Adjustment Factor, and the size of the landscape area The Estimated Total Water Use shall not exceed the Maximum Ap. plied Water Allowance. Special Landscape Areas, including recreation areas, arm permanently and solely dedicated to edible plants such as or- chards and vegclnblc gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((I-ETAF) x SLA)] (on) "median" is an area between opposing lanes of traffic that maybe implanted or planted with trees, shrubs, perennials, and ornamental l;raziscs- (w) "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective sur- faces. (ww) "mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Sur- face Mining and Reclamation Act of 1975. (.xx) "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, ordccom- posed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (yy) "new construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or Sm enbelt without an associated building. Page 38.1 R<pM, 2015, Na..18, 4-18—"Ali E3-Pg 13 § 492 BARCLAYS CALIFORNIA CODE OF.REGULATIONS Title 23 (zz) "non-resideridal landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas desig- nated forrecreation orpublic assembly. It also includes portions of com- mon areas ofcommon interest developments with designated recreation- al areas. (am) "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (bbb) "overhead sprinkler irrigation systems" or "overhead spray ir- rigation systems" means systems that deliverwater through the air (e.g., spray heads and mtors). (cce) "overspray" means the irrigation water which is delivered be- yond the target area. (ddd) "parkway" means the area between a sidewalk and the curb or truflic lane. It may be planted or unplanted, and with or without pedes- trian egress. (eel:) "permit" means an authorizing document issued by local agen- cies for new construction or rehabilitated landscapes. (M) "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. (gRg) "plant factor" or"plant wrrteruse factor" is a factor, when multi- plied by ETo, estimates the amount of water needed by plants. For pur- poses of this ordinance, the plant factor range for very low water use plants is 0to 0.1, the plant factor range for low water use plants is 0.1 to 03. the plant factor range for moderate water weplants is 0.4 to 0.6, and the plant factor range for high water us,: plants is 0.7 to L0. Plant factors cited in ibis ordinance are derived from the publication "Water Use Clas- sification of Landscape Species". Plant factors may also be obtained from horticultural researchers from academic institutions orprofessional associations as approved by the California Department of Water Re- sources (DWR). (hhh) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to to - quest a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or bar designee. (iii) "rain sensor" or "rain sensing shutoffdevice" means a component which automatically smsperids an irrigation event when it rains. (jjt) "record rimming" or"os-builts" means aset of reproducible draw- ings which show significant changes in the work made during construc- tion and which am usually based on drawings marked up in the field and other data famished by the contractor. (kkk) "recreational area" means areas, excluding private single family residential areas, designated for active play, recreation or public assem- bly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and groins. (110 "recycled water," "reclaimed water," or "treated sewage effluent watet" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This wa- ter is not intended for human consumption. (mmm) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four -to seven-inch tall, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in cli- mate can be acerommodated. (am) "Regional Water Efficient Landscape Ordinance" means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provi- sions throughout a geographical region. Regional ordinances are strong- ly encouraged to provideaconsistent framework for the landscape indus- try and applicants to adhere to. (000) `rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review, meats the requirements of Section 490.1, and the modified landscape arcs is equal to or greater than2,500 square. feet (ppp) "residential landscape" means landscapes surrounding single or multifamily homes. (qqq) "run off" rheans water which is not absorbed by the soil or land- scape to which it is applied and flows from the landscape area For exam- ple, nor offmay result from water that is applied at too great arate (appli- cation rare exceeds infiltration rate) or when there is a slope. (rrr) "soil moisture sensing device" or "soil moisture sensor' means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event (sss) "soil texture"means the classification ofsoil based on its percent- age of sand, silt, and clay. (tit) "Special Landscape Aria" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water. (uuu) "sprinklerhead" or "spiny, head' means a device which delivers water through a nozzle. (vvv) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. (www) "station" means an area served by one valve or by a set of valves that operate simultaneously. (xxx) "swing joint" means an irrigation component that provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (yyy) "submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meta. (m) ."turn means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Toll fescue are cool -season grasses. Bair mdagrass, Kikuyugrass, Seashore Paspolum, St. Augustinegrass, Zoysiagruss, andButfnlo grass are warm - season grasses. (aaaa) "valve" means a device used to control the flow of water in the irrigation system. (bbbb) "water conserving plant species" morns a plant species iden0- tiied as having a very low or low plant factor. (cccc) "water feature" means a design element where open water per- forms an uesthetie or recreational function. Water features indudo ponds, lakes, waterfalls" fountains, artificial streams, spas, and swimming pools (when: water is artificially supplied). The surface arcs of water features is included in the high water use hydroza e, of the landscape area. Constructed wetlands used foron-site wastewater treatment orsunrawa- ter best management practices that in; not irrigated and used solely for water treatment or stormwater retention are not water features and, them - fore, are not subject to the water budget calculation. (dddd) "watering window" means the time ofday irrigation is allowed (eme)"WUCOLS" means the Water Use Classification ofL.andscape Species published by the University of Califomia Cooperative Extension and the Department of Water Resources 2014. NOTE: Authority cited: Section 65595, Government Code; and sections I I and 30, Governor's am Order No. B-29-15 (April 1, 2015). Reference: Sections 0592 and 65596. Gavernmem Code; and section It, Governor's Exec. Order No. B-29-15 (April 1, 2015). HISTORY 1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32). 2. Amardmem of section and Nora filed 9-10-2009; operative 9-I0-2009 pur- sued in Govermnent Code section 11343.4 (Register2009, No. 37). 3. Amendment of section and Non filed 9-15-2015; operative 9-13-2015. Ex- empt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive OrderNo.13-29-15 (4-I-2015) (Registcr2015, Na 38). § 492. Provisions for New Construction or Rehabilitated Landscapes. (a) A local agency may designate by mutual agreement, another agency, such as awaterpurveyor,to implementsomcorall ofthc require- ments contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Noce Authority cited:Section65595.Govearri mtCo&-,andsectiow1Iand30, Govermor's Exec Orda No. B-29-15 (April I, 2015). Reference•. Section 65596, Page 382 R eguta 2015. Na. 36; 9-18-?AIS E3-Pg 14 Title 23 Department of Water Resources § 492.5 Government Code; and section 11, Governors Exec. Orda No. 11-29-15 (April 1, 2015). HISTORY 1. New section fled 7-31-92; operative 7-31-92 (RegiMT 9g No. 32). 2. Amendment of section heading, reponler and new Section and amendment of Nora filed 9-10-2009; opeeadve 9-t0-2W9 pursuant to Govenunmt Cade sectica11343A (Register 2009, No. 37). 3. Amendment ofsxtion and Nora filed 9-15-2015; operative 9-15-2015. Ex. empt fimn OAL renew and submitted to OAL for priming only pursuaarto Governor's Executive OrderNo. 11-29-15 (4-I-2015) (RegisW 20l5, No. 38). § 492.1. Compliance with Landscape Documentation Package. (a) Prior to construction, the local agency shall: (1) provide theprojecl applicantwiththe ordinance and procedures for permits, plan checks or design reviews; (2) review the Landscape Documentation Package submitted by the project applicant; (3) approve or deny the Landscape Documentation Package; (4) issue a permit or approve the plan check or design review for the project applicant; and (5) upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. (b) Prior to construction, the project applicant shall: (1) submit a Landscape Documentation Package to the local agency. (c) Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall: (1) receive a permit crapproval oftheplaa check or design review and record the date of the permit In the Certificate of Completion; (2) submit a copy ofthe approved Landscape Documentation Package alongwith the recorddrawings, and any otherinfonnatiou to theproterty owner or hisiher designee; and (3) submit a copy of the Water Efficient landscape Worksheet to the local water purveyor. NOI .: Authority cited Section 65595, Government Code. Reference: Section 65596, Crovertment Code. HISTORY' I. New section filed 9-10-2009; oppeerativo 9-10-?AO9 purtuant to Gomcronent Code section 11343.4 (Register 2009, No. 37). § 492.2. Penalties. (a) A local agency may establish and administer penalties to the proj- ect applicant for non-compliance with the ordinance to the extent per - minted by taw. NOTE Authority cited: Section 65595. Government Code. Reference: Section 65596, Government Code. HISTORY 1. New section filed 9-10-2609; operative 9-10-2009 pursnam to Government Cad: section 11343.4 (Register 2009, No. 37). § 492.3. Elements of the Landscape Documentation Package. (a) The Landscape Documentation Package shall include the follow- ing six (6) elements: (1) project information; (A) date (B) project applicant (C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet) (E) project type (e.g., new. rehabilitated, public, private, cemetery, homeowner -installed) (F) watersupply hype (e.g., potable, recycled, well) and identifythe lo- cal retail water purveyor if the applicant is not served by a private well (G) checklist of all documents in Landscape Documentation Package (H) project contacts to include contact information for the project ap- plicant and property owner (0 upplicard signature and dale with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package". (2) Water Efficient landscape Worksheeg (A) bydrocmw information table (B) water budget calculations 1.Maximum Applied Water Allowance(MAWA) 2. Estimated Total Water Use (ETWU) (3) soil management report; (4) landscape design plan; (5) irrigation design plan; and (6) grading design plan. NOTE: Authority cited Section 65595, Government Code. Reference: Section 655K Government Coda HISTORY L New section filed 9-10-2009; opentivo 9-10-2009 pursuant to Government Code section 11343A (Register 1009, No. 37). § 492.4. Water Efficient Landscape Worksheet. (a) Aproject applicant shall complete the Water Efficient Landscape Worksheet in Appendix B which contains information on the plant fac- tor, irrigation method, irrigation efficiency, andarea associated with each hydrmne. Calculations are then made to show that the evapotran- spiradon adjustmentfactor(ETAF) for thelandseapc project does not ex- ceed a factor of 0.55 for residential areas and-0.45 for non-residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maxi- mum ETAF allowed (0.55 for residential arms and 0.45 for non-residen- tial areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA. (1) In calculating the Maximum Applied Water Allowance and Es6- matcdTotal Water Use, aprojectapplicantshall use theETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CiMIS Reference Evapotranspiration Zones Map; Department of Water Resources, 1999. (b) Water budget calculations shall adhere to the following require- ments: (1) The plant factorused shall be from WUCDLS orfrom horticultural researchers withacademie institutions orpmfessionalassociations as ap- proved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 03 forlow wateruseplants, from 0.4 to 0.6formodemlewmerusephmts, and from 03 to 1.0 for high water use plants. (2) All water features shall be included in the highwateruse hydrozone and temporarily irrigated areas shall be included in the low wateruse by- drozone. (3) All Special LandscapaAwAs shall be identified and their water use calculated as shown in Appendix B. (4) ETAF foram and existing (non -rehabilitated) Special Landscape Auras shall not exceed 1.0, Nm2:Authorityched:Section65595, GovemmentCude; and secdons 11 md30. Governors Exec. OrderNo. 11-29-15 (April 1, 2015). Reference: Section 65596. Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015). HISTORY 1. New section filed 9-10-2009; apenative 9-10-2009 pursuant to Government Code section 11343.4 (Regis 2409, No. 37). 2. Amendment of section and Nary riled 9-I5-1015; operative 9-I5-2015. Ex- empt from OAL review and submitted to OAL for printing Oil pursuant to Governor's ExecutiveOrderNo. B-29-15 (4-I-201o) (Ragtster''O15,No.38). § 492.5. Soil Management Report (a) In order to reduce mooff and encourage heahhy plant growth, a soil management report shall be completedby the project applicant,orbislher designee, as follows: (1) Submit soil samples to a laboratory.. for analysis and recommenda- tions. Page 38.3 E3-Pg 15 R.04cr20 ,Na18:9-18-2015 § 492.6 BARCUM CAUFORNIA CODE OFREGUUVITONS 'title 23 (A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (B) The soil analysis shall include: 1. soil texture; 2. infiltration rate determined bylaboratory test orsoil texture infiltra- tion rate table; 3. pH; 4. total soluble suits; 5. sodium; 6. percent organic matter, and 7. recommendations. (C) In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of I in 7 lots or approximately 15%will satisfy this requirement. Large landscapeprojects shall sample at a rate equivalent to I in 7lots. (2) The project applicant, or his/her designee, shall comply with one of the following: (A) if significant mass grading is not planned, the soil analysis report shall besubmitted to the local agencyas part of the Landscape Documen- tation Package; or (8) Usignificant mass grading is planned, the soil analysisreportshall be submitted to the local agency as part of the Certificate of Completion. (3) The soil analysis report shall be made available, in atimely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (4)Theprojeclapplicam, orhisAherdesigneo,shall submitdocumenm- tion verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion - NOTE: Authodhychch SceWn65595, Governomit Cede; andsections I and30, Governor's Fxec. Order No. B-29-I5 (April t;2UlS). Reference: Section 65596 Government Code; and section 11, Govemer's Exec. Order No. H-29-1S (Apdi 1, 2015). HIsTOBY 1. New section filed 9-I0-2009; 0ppeemrative 9-10-2009 pursuant to Govermnem Cade section 11343.4 (Register 2009, No. 37). 2. Amendment ofsubsoction (a){I)(H). new subsecdon(a)(gI C)turd amendment ofNMrilod9-15-2015;operatira9-15-2015.Exwvpt mOALmviewand submdned toOALforprinftgonlyppum=ttoGevemm's FxecmiveOrderNo. (Register (4-1-2015) (Regis2015, No. 39). § 492.6. Landscape Design Plan. (a) For the efficient use of water; a landscape shall be carefully de- signed and planned for the intended function ofthe project. A landscape design plan meeting the following design criteria shall be submitted as part ofthe Landscape Documentation Package. (1) Plato Material (A) Any plant may be selected for the landscape, providing the Esti- mated Total WawrUse in the landscape area does not exceed the Maxi- mum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following: 1. protection andpreservation ofnative species andnatural vegetation; 2. selectionofwater-conservingplam, treeand turfspecies, especially local native plants; 3. selection of plants based on local climate suitability,disease and pest resistance; 4. selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and 5. selection ofplants from local and regional landscape program plant lists. 6. selection of plants from local Fuel Modification Plan Guidelines. (B) Each hydlrozone shall have plant maw --riots with similar water use, with the exception ofhydrozones with plants ofmixed water use, as spe- cified is Section 492.7(ax2)(D). (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions ofthe project site. Methods to achieve water efficiency shall include one or more of the following: L use the Sunset Western Climate Zone System which lakes into ac- count temperature, humidity, elevation, terrain, latitude, and varying do- gees of continental and marine Influence on local climate; 2. recognize the horticultural attributes of plants (Le., mature plant size, invasive surface roots) to minimize damage to property or Infra- structure [e.&,buildings, sidewalks, powerlines]; allow for adequatesoi( volume for healthy root growth; and 3. consider the solar orientation forplant placement to maximize sum- mer shade and winter solar gain. (D) Turf is not allowed on slopes greater than 256/owhen; the we ofthe slope is adjacent to an impermeable hanlscape and where 25% means I foot ofvertical elevation change for every 4 feet ofhorizontal length (rise divided by run x 100 a slope percent). (E) High water use plants, characterized by a plant factor ofo.7 to 1.0, are prohibited in street medians. (F) A landscape design plan for projects in fire -prone areas shall ad- dress fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-proneplant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines. (G) The use of invasive plant species, such as those listed by the California invasive Plant Council, is strongly discouraged. (H) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, -shall not prohibit or include conditions that have the allied of probibiting the use of low-water use plants as a group. (2) Water Features (A) Recirculating water systems shall be used for water features (B) Where available, recycled watershall be used as a source fordeco- rative water features. (C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (D) Pool and spa covers we highly recommended. (3) Soil preparation, Mulch and Amendments (A) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. (B) Soil amendments shall be incorporated according to recommenda- tions ofthe soil report and what is appropriate for the plants selected (see Section 492.5). (C) For landscape installations, compostat a rate ofa minimum offour cubic yanlsper 1,0W square feet ofpermeablo area shall be incorporated to a depth ofsix inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding oompost and tilling. (D) A minimum three inch (30) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is con- traindicated To provide habitat for beneficial insects and other wildlife, up to 5 % of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (E) Stabilizing mulching products shall be used on slopes that meet current engineering standards. (F) The mulching portion of the seedhnulch slurry in Hydro -seeded applications shall meet the mulching requirement. (G) Organic mulch materials made from recycled or post -consumer shall take precedence over inorganic materials or virgin forest products unless the recycicdpost-consumer organic products are not locally avail- able. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (b) The landscape design plan, at a minimum, shall: Page 38A E3-Pg 16 rle,i =2015, Na. 38; 9-18-2015 Title 23 Department of Water Resources § 492.7 (1) delineate and label each hydrozone by number, letter, or other method; (2) identify curb hydrozone as low, moderate, high water, or mixed water use. Tempormily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational auras; (4) identify areas permanently and solely dedicated to edible plants; (5) identify arm irrigated with recycled water, (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify bardscapes (pervious and non -pervious); (10) identify location, installation details, and 24-hour retention or in- filtration capacity of any applicable starmwater best management prac- tices that encourage on -site retention and infiltration of stonnwater. Project applicants shall referto the local agency or regional WaterQuali- ty Control Board forinforrnadon on any applicable stormwater technical requirements. Slormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 492.16. (11) identify any applicable rain harvesting or catchment technologies as discussed in Section 49116 and their 24-hour retention or infiltration capacity; (12) identify any applicable graywater discharge piping, system com- ponents and area(s) of distribution; (13) contain the following statement "I have complied with the crite- ria ofthe ordinance and applied them for the efficient use of water in the landscape design plan"; and (14) bear the sig inure ofa licensed landscape architect, licensed land- scape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Businessand Professions Code, See- tion 832.27 ofTitle16 ofthe California Code of Regulations, and Section 6721 of the Food and Agriculture Code.). NOIEAuthorltycital: Section 65595, GovemmeatCode;andsectiom 11 and30. Govemor'sExec. OrderNo. B-29-15 (April 1, 20IS). Refaerice: Section 65596. Govennow Codo; Section 1351, Civil Code; and section 11, Gorxmor's fixes. Order No. B-29-15 (April 1, 2015). HtstORr L New section filed 9-10-2009; oppeerative 9-10-2009 pursuant to Govvnmem Code section 11343.4 (Register 2009. No. 37). 2. Ameadmeat of section and Now filed 9-I3-2015; opemrivo 9-15-201S. He- empt from OAL review and sulnnitted to OAL forpriming on pwsuun to Governor's ExeeutivoOrderNo. B-29-15 (4-1-2015) (Regis "Ims,No.38). § 492.7. Irrigation Deslgn Plan. (a) This section applies to landscaped areas requiring permanent ir- rigation, not areas that requite temporary irrigation solely for the plant establishment period For the efficient use ofwater, an irrigation system shall meet all the requirements listed in this section and the manufactur- ers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, manage- ment, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documenta- tion Package. (1) System (A) Landscape water meters, defined as either a dedicated water set - vice meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. R butnol more than 5,000 sq.fL (lbelev- cl at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ff, or greater. A landscape water meter may be either. 1. a customer service meter dedicated to landscape use provided by the local water purveyor, or 2. a privately owned meter or submeter. (B) Automatic irrigation controllers utilizing either evapotranspira- tion or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems. (C) If the water pressure is below or exceeds the recommended pres- sure of the specified irrigation devices, the installation ofa pressure regu- lating device is required to ensure that thedynatniepressure ateach emis- sion device is within the manufacturer's recommended pressure range for optimal performance. I. if the static pressure is above or below the required dynamic pres- sure of the irrigation system, pressure -regulating devices such as inline pressure regulators, booster pumps, or other devices shall be Installed to meet the required dynamic pressure of the irrigation system. 2. Static waterpressure, dynamic or operating pressure, and flow read- ing of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. if the measurements are not available at the design stage, the mea- surements shall be conducted at Installation. (D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather condi- tions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freez- ing weather or during rain. (E) Manual shut-off valves (such as a gate valve, ball valve, orbutter- flyvalve) shall be roquired, as close as possible to the point of connection of thewaler supply, to minimize water loss in case ofan emergency (such as a main line break) or routine repair. (F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (G) Flow sensors that detect high flow conditions created by system damage ormalfunction are requiredfor all on non-residential landscapes and residential landscapes of 5000 sq. R or larger. (H) Master shut-off valves are required on all projects except land- scapes that make use oftechnologies that allow forthe individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. (1) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where Irrigation water flows onto non-largoted areas, such as adjacent property, non-iaigafed areas, bardscapes, roadways, or structures. (n Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation sys- tems. (K) The design of the irrigation system shall conform to the hydro - zones of the landscape design plan. (L) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria asdesen'bed in Section 492A regarding the Maximum Applied Water Allowance. (M) All irrigation emission devices must meet the requircmens set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Fngineers'Antemational Code Council's(ASABFJIC,C)802 2014"Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in the landscape must doc- ument a distribution uniformity low quarter of 0.65or higher using the protocol defined in ASABF/iCC 802-2014. (N) Itis highly recommended than the project applicant or local agency inquire with the local water purveyor about peak water operating de- mands (on thewnter supply system) orwutermuicuions that may impact the ofloctiveness of the irrigation system. (0) In mulched planting areas, the use of low volume irrigation is tc- quired to maximize water infiltration into the root zone. (P) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's rec- ommendations. (Q) Headto head coverage Is recommended. However, sprinlderspac- ing shall be designed to achieve the highest possible distribution unif ir- mity using the mamrfaclurces recommendations. (R) Swing joints or other riser -protection components are required on all risers subject to damage that are adjacetit to bardscapes or in high traf- fic areas of turfgrass. Page 35.5 E3-Pg 17 Rcgnor2013,D4 A 9-18—ZM 492.8 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 (S) Check valves or anti -drain valves are required on all sprinkler heads wberc low point drainage could occur. (T) Areas less than ten (10) feet in width in any direction shall be irri- gated with subsurface irrigation or other means that produces no runoff or overspray. (U) Overhead irrigation shall not be permitted within 24 inches ofany non -permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the seibackmaybe mulch, gravel, or other porous matc- rial. These restrictions may be modified if 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer specifies an allumalive design or technology, as part of the Landscape Documentation Package and clearly demon- strates strict adherence to irrigation system design criteria in Section 492.7 (a)(I)(I). Prevention of ovmspmy and runoff must be confirmed during the irrigation audit. (V) Slopes greater than 25% shall not be irrigated with an irrigation systems with a application rate exceeding 0.75 inches per hour. This re- striction may be modified if the landscape designer specifies an alterma- tve design or technology, as part of the Landscape Documentation Pack- age, and clearly demonstrates nomnofforerosion will occur. Prevention of runoff and erosion must be conftrmed during the irrigation audit. (2) Hydrozone (A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (B) Sprinklerheads andothercmission devices shall be selected based an what is appropriate for the plant type within that hydrozone. (C) Wheat feasible, trees shall be placed on separate valves from shrubs, g oundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed iF. 1. plant faclorcalculation is based on the proportions of the respective plant water uses and their plant factor, or 2, the plant factor of the higher water using plant is used for calcula- tions. (E) Individual hydrozones that mix high and low wateruse plants shall not be permitted. (F) On the landscape design plan and irrigationdesignplan,hydrozone areas shall be designated by number, better, or other designation. On the irrigation desibm plan, designate the areas irrigated by each valve, and as- sign anumber to each valve. Use this valve number in the Hydrozone In- formation Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. (b) The irrigation design plan, at a minimum, shall contain: (1) location and size of separate water meters for landscape; (2) location. type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, min switcbes, quick couplers, pressure regula- tors, and backflowpmvtmtion devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure persquare inch) for each station; (5) recycled water irrigation systems as specified in Section 492.14; (6) the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use ofwater is the irrigation design plan"; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 70275 of the Business and Professions Code, Section $3227 of Titlel(i of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) Nam -Authority cited: Socdo1165595, Government Code; avdsectiars 1 land30, Governor's Exec. Order No. B-29-15 (April 1, 2015). Referarce: Section 655%, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015). HISTORY 1. Now section tiled 9-10-2009; oppzemove 9-10-2009 pursuant to Govemmem Code s Ttion 11343A (Reglsta 2O09, No. 37). 2. Amcndment of section and Norm filed 9-15-2015; operative 9-15-2015. Ex- empt from OAL ooview and svbadned to OAL foreprun g onlyy pp�wssuod Io Governor's E.x=tiw OnterNo. B-29-15 (4-1-2015) (Regmster2015,No.38). § 492.8. Grading Design Plan. (a) For the efficient use of water, grading of a project site shall be de- signed to minimize soil erosion, runoff, and waterwasto. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. (1) The project applicantshall submit a landscape gradingplan that in- dicates finished configurations and elevations of the landscape area in- cluding: (A) height of graded slopes; (B) drainage patterns; (C) pad elevations; (D) finish grade•, and (E) stormwater retention improvements, if applicable. (2)Topteve a excessive erosion and rrinofl;itishighly recommended that project applicants: (A)grade so that all irrigutionandnormal rainfall remains within prop- erty tines and does not drain on to non -permeable hardscapes; (B) avoid disruption ofnatural drainagepattems and undisturbed sail; and (C) avoid soil compaction in landscape areas. (3) The grading design plan shall contain the following statemeoL, "I have complied with the criteria ofthe ordinance and applied them accord- ingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. Nora: Authority cited Section 65595, Government Code. Reference: Section 65596, Government Cato. HISTORY 1. New section fled 9-10-2009; operuiw 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009. No. 37). § 492.9. Certificate of Completion. (a) The Certificate of Completion (see Appendix C for a sample cedif- icate) shall include the following six (6) elements: (1) project information sbect that contains: (A) date; (B) project name; (C) project applicant name, telephone, and mailing address; (D) project address and location; and (E) property owner name, telephone, and mailing address; (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) wbere there havebem significant changes made in the Geld during construction, these "as -built" ormord drawings shall be included with the certification; (13) A diagram ofthe irrigation planshowing hydrozones shall be kept with the irrigation controller for subsequent management purposes (3) irrigation scheduling parameters used to set the conmiller(sceSeo- tion 492.10); (4) landscape and irrigation maintenance schedule (we Section 492-11); (5) irrigation audit report (see Section 492.12); and Page 38.6 Rc&. 2015,114 M;9-18-2013 E3-Pg 18 Title 23 Department of Water Resources § 492.13 (6) soil analysis report, if not submitted with Landscape Docmnenta- lion Package, anddocummtation verifying implementation ofsoil report recommendations (see Section 492.5). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the local agency for review•, (2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. (c) The local agency shall: (1) receive the signed Certificate of Completion from the project appli- cant; (2) approve or deny the Certificate of Completion. Ifthe Certificate of Completion is denied, the local agency shall provide Information to the project applicant regarding reapplication, appeal, or other assistance. Norc Authoritycited: Section 65595, Government Code; and sections 1 I and 30, Govemoc s Exec. Order No. B-29-15 (April 1, 2015). Refemnev: Section 655%, Government Code, and section 11, Govemor's Exec. Order No. 8-29-I3 (April 1, 2015). HISTORY I. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343A (Register 2009, No. 37). 2. Now subscctim (#%B) and amendment c(NOTa filed 9-15-2015; operative 9-15-2015. Exempt (from OAL review and mbminedto OAL for pnnhng only rrt to Governor's Executive Order No. B-29-15 (4-1-2015) (Register o. 38). § 492.10. Irrigation Scheduling. (a) For the efficient useofwater, all irrigationschedules shall bedevcl- oped, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the fol- lowing criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shag be scheduled between 8:00 p.m. and 10:00 am. unless wcather conditions prevent it If allowable hours of ir- rigation diner from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and cut - rent reference evapotranspiration, so that applied water meets the Esti- mated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irriga- tion scbedulm shall beregulated byeutomalic irrigation controllers using current reference evapotranspiration data (e.g., C1MIS) or soil moisture sensor data. (4) Parameters used to set the automatic controller shall he developed and submitted for each of the following: (A) the plant establishment period; (13) the established landscape; and (C) temporarily irrigated areas. (5) Each irrigation schedule shall consider for each station all of the following that apply. (A) irrigation interval (days between irrigation); (B) irrigation run times (hours or minutes per irrigation event to avoid mnoff); (C) number of cycle starts required for each irrigation event to avoid mnoM (D) amount of applied water scheduled to be applied on a monthlyba- sis; (E) application rate setting; (F) root depth setting; (G) pint type setting; (H) soil type; (1) slope factor setting; ()) shade factor setting; and (K) irrigation uniformity or efficiency setting. NOTE: Authority cited: Section 65595, Government Cade. Reference: Section 65596, Government Coda HISr tty 1. New section filet 9-10-2009; operative 9-10-2009 pursuant to Govemmern Cad* section 11343.4 (Register 2W9, No. 37). § 492.11. Landscape and Irrigation Maintenance Schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not he limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching torturous; topdress- Ing with compost, replenishing mulch; fertilizing; pruning; weci ing in all landscape areas, and removing obstructions to emission devices. Op- amlion of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with great. er efficiency. (d) A project applicant is encouraged to implement established land- scape industry sustainable Best Practices for all landscape maintenance activities. NOTE: Autharitycited: Section 65595, GovenmcatCodC and sections 11 and30, Governor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Section 65596, Govemmont Code: and section 11, Govemor's Exce. Order No. B-29-15 (April 1, 2015). HISTORY 1. New section filed 9-10-2009; operative 9-10-2009 purnarn nt to Govement Cale section I L343.4 (Register1009, No. 37). 2. Amendment of section and NOTE filed 9-15-2015; operadvo 9-15-2015. Ex- empt from OAL review and submitted to OAL for printing only pursuant to Governor's ExocativeOrderNo. B-29-15 (4-1-2015)(Regist*r2a15,No. 38). § 492.12. Irrigation Audit, Irrigation Survey, and irrigation Water Use Analysis. (a) All landscapeirrigation audits shall be conducted byalocal agency landscape irrigation auditor or a third party certified landscape irrigation auditor. landscape audits shall not be conducted by the person who de- signed the landscape or installed the landscape. (b) In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15%will satisfy this requirement. (c) Furrow construction and rehabilitated landscapeprojects installed after December t, 2015, as described in Section 490.1: (I) the project applicant shall submit an irrigation auditreport with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system two-up, system test with distribution uni- formity, reporting overspray or ran off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming; (2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and ir- rigation surveys for compliance with the Maximum Applied Water Al- lowance. Nor E: Authodryeitet: Section65595, GovemmeatCade; andsections 11 and30. Govemor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Section 65596. Government Code; mid section 11, Govcmwr's Exec. Order No. 9-29-15 (April 1, 2015). HrSTORY 1. New section Sled 9-10-2009; oppeerraattive 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37). 2. Amendment of section and NOTE filed 9-15 2015: operative 9-15-2015. Ex- empt from OAL review and submitted to OAL for p ' tin 8 oily pursuant m Gover esExecutiveOrdallo.B-29-15(4-1-2015)(Rcgusta2015,Na3g). § 492.13. Irrigation Efficiency. (a) For the purpose of determining Estimated Total Water Use, aver- age irrigation efticiencyis assumed to be 0.75 foroverhead spray devices and 0.81 for drip system devices. NOT&Authoritycited; Soetion6559S, GovernnentCode; aadsections 11 and 30, Govemor's Exec. Order No. E-29-15 (April 1, 2015). Reference: Section 65596, Page 38.7 E3-Pg 19 Rep4er2015.N . 33:9-16-�18 492.14 HA RCLAYS CALIFORNIA CODE OF REGULATIONS Government Code; and section 11. Governor's Exec. Order No. 11-29-15 (April 1, 2015). HISTORY I. New section filed 940-2009; operative 9-10-2009 pmsuam to Government Code section 11343.4 (Register 2009, No. 37). 2. Amendment of section and Nora filed 9-15-2015; operative 9-15-2015. Ex- empt from OAL =vim and submitted to OAL fro printing only pursuant to .Oovem"'s Executive OrdcrNo. B-29-15 (4-1-2015)(Regmster2015,No. 38). §492.14. Recycled Water. (a) The installation ofrecycled water irrigation systems shall allow for are current and future use of recycled water. (b) All recycled water irrigation systems shall be designed and oper- ated in accordance with all applicable local and State laws. (c) Landscapes using recycled water are considered Special Land- scape Areas. The ET Adjustment Factor for new and existing (non-rcha- bilimted) Special Landscape Areas shall not exceed 1.0. NOTE: Authority cited: Section 65595, Govenmuml Code; andsatians I l and30, Govanui s Exec. Order No. B-29-15 (April 1, 2015). Rcfcrcm:e: Section 6S596, Govemment Cade; and section 11, Governor's Exec. Ortler Nm B-29-15 (April 1, 2015). HISTORY I. Now section filed 9-10-2009; operative 9-10.2009 puauard to Governer Code section 11343.4 (Register 21N1i , No. 37). 2. Amendment ofscction and NOTE Mod 9-15-2015; operative 9-15-2015. Ex- emnpt from OAL rcvuhv and submitted m OAL for printing all pursuant to Gone espxccutivo OndcrNo.B-29-15(4-] 20I5 Rcgeta2015,No.38). § 492.15. Graywater Systems. (a) Gmywater systems promote the cMcienl use of water and are en- couraged to assist in on -site landscape irrigation. All gmywater systems shalt conform to the California Plumbing Code (Title 24, Pan 5, Chapter 16) and any applicable local ordinance standards. Refer to § 490.1(d) for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Toud Water Use met entirely by graywa- ter. NOTE: Authority cited: Section 65595, Government Code; and sections I I and30, Govemoi s Exee. OrderNo. B-29-15 (April 1, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order Na B-29-15 (April I, 2015). HISTORY 1. New section filed 9-10-2009; operative 9-10-2009 puratent to Govermnem Cale section 11343.4 (Register 2009, No. 37). 2. Renumbering of former section 492.15 to 492.16, new section 492.15 and amendment of NOTE filed 9-15-20I5; operative 9-15-2015. Exempt from CAL review ad submitted to CAL for priming only C�rrrsuant to Gavemaes Executive Oyler No. B-29-15 (4-I 2015) (Register 2015, No. 38). § 492.16. Stormwater Management and Rainwater Retention. (a) Storrawmer management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stomtwaterbest managemempmctices into the landscape and grading design plans to minimize runoffand to increase on -site rain- water retention and infiltration are encouraged. (b) Project applicants shall Toler to the local agencyor Regional Water Quality Control Board for information on any applicable stormwater technical requirements. (c) All planted landscape areas am required to have friable soil to max- imize water retention and infiltration. Refer to § 492.6(a)(3). (d) It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roofandpavcd areas) from either. the one inch, 24-hour min event or (2) the 85th percentile, 24-hour min event, and/or additional capacity as required by any applicable local, regional, state or federal regulation. (e) It is recommended that storm waterprojecls incorporate any ofthe following elements to improve on�ite stone water and dry weathernm- off capture and use: • Grade impervious surfaces, such as driveways, during consame- don to drain to vegetated areas. Title 23 • Minimize the area ofimpervious surfaces such as paved areas, roof and concrete driveways. • Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers orblocks, pervious or porous concrete) that minimize run- off. • Direct runofffrompavcdsurfaces and roofareasinto planting beds or landscaped meat to maximize site water capture and reuse. • Incorporate rain gardens, cisterns, and other min harvesting or catchment systems. • Incorporate infiltration beds, swales, basins and drywalls to cap - lure storm water and dry weather runoff and increase percolation into the soil. • Consider constructed wetlands and ponds that retain water,equal- ize excess flow, and filter pollutants. NOTH:Authority cited: Sectirm65595, Government Code; and sections 11 and 30, Govomor's Exec. Order No. B-29-15 (April 1, 2015). Refaence: Section 65596, Government Code; and section 11. Governor's Exec. Order No. 13-29-15 (April 1, 2015). HISTORY I. New section filed 9-10-2009; oppv"tive 9-10-2009 pursuant to Government Code section 11343.4 (Register 2109. No. 37). 2. Renumbaing of former section 492.16 to section 492.17 and renumbering of tremor section 492.15 to new cation 4912.16, including amcndmatt of section heading, section end NOTE, filed 9-I5-2015; operative 9-15-2015, Exempt from OAL review and submitted to OAL for printing only pursuant to Gova- noc's Executive Order No. 8-29-15 (4-1-2015) (Register -015, No. 38). § 492.17. Public Education. (a) Publications. Education is a critical component to promote the effi- cient use of water in landscapes The use of appropriate principles of de- sign, installation, management and maintenance that save water is vm- couraged in the community. (1) A local agency or water supplies/purveyor shall provide intemu- tion to owners ofpermitted renovations and new, single-family residen- tial homes regarding the design, installation, management, and malme- nance of water efficient landscapes based on a water budget (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contributeto the overall I water efficient theme. Signnge shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water effi- cient landscape; and demonstrate low water use approaches to landscap- ing such at using native plants, gaywater systems, and rainwater catch- ment systems. (2) information shall beprovided about designing, installing, manag- ing, and maintaining water efficient landscapes. NOTeAurbmitycited;Section65595, Governnuvt Code; and sections l l and30, Govenor's Evice. Ordallo. B-29-15 (April I, 2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April I, 2015). HISTORY 1. New saliore filed 9-10-2009; o�aativc 9-10-2009 pursuant to Government Code section 11347.4 (1t,:gismr -009, No. 37). 2. Renumbering of forma section 492.17 to new section 492.18 and =umbering of forma section 492.16 to new section 492.17. including amendment of sec- dontied NOTE, filed 9-15-2015; operative 9-15-2015. Exempt Gore CAL re- view andsubmitted toOAL for riatingomlypunuantto Govemors Executive Ord" No. B-29-15 (4-l-2015 (Register 2t115, No. 38). § 492.18. Environmental Review. (a) The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. NOTE: Authority cited: Section 21082, Public Resources Code; and sections 11 and 30,Govemor'sE•xce.OnderNo.11-29-15(April 1, 2015). Reference:Scctionv 21080and21082, Public Resources Code; andseotion I I,Govemoes Exec.Order No. B-29-I3 (April I, 2015). HISTORY 1. Rem nberingof fonnaseedon492.17to newsectim492.18, includingamend• mere ofNoTc., riled 9-1S-2015; operative 9-15-2015. Exempt from OAL re- vicwmd1suhmitledmOALfoi rimogonl�pursuantto Govemoes Exmnim OrderNo.13-29-15 (4-I-2015g (Register-015, No. 38). Page 3&8 E3—Pg 20 Rc;cra2ali,lta ra:9-19-2ali Title 23 Department of Water Resources § 495 § 493. Provisions for Existing Landscapes. (a) A local agency may by mutual agreement, designate another agency, suchas a waterptaveyor, to implement Sumner all oftherrequire- melt contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. NOTE: Authority cited: Section 65595. Government Code; and sections 11 and 30, Govemoes Este. OrderNo. B-29-IS (April 11.2015). Reference: Section 65596, Government Code; and section 11, Governor's Exec. Order No. 1i-29-15 (April 1, 2015). HisTOxY I. New section filed 7-31-92; operative 7-31-92 (Register 92, No, 32). 2. Repealer and new section and amendment of Non filed 9-10-2009; move p-1--2009pursuantto GovcmmcaCodescaion11343A(Regista2 009,No. 37). §494. Effective Precipitation. (a) A local agencyntay considcrEffectivo Precipitation (25%ofannu- al precipitation) in trackmgwateruse andmayusethe following equation to calculate Maximum Applied Water Allowance: MAW A= (ETo-Epps) (0,62) [(0.55 x LA)+ (0.45 x SLA)] for resi- dential areas. MAWA- (ETo-EPPT) (0.62) [(0.45 x LA)+ (0.55 x SLA)] for non- residential areas. NOTE: Amhorityeiled: Section 65595, GovemmentCode; and sections 11 ara130, Governor's Exec. Order No. 134!9-15 (April 1, 2015). Reference: Section 0596, Government Code; and section 11, Govemor's Exec. Order No. 8-29-15 (April 1,2015). HISTORY L. Repealer and new section; now NOTE and now Appendices A-C filed 9-10-2009; operative9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37), 3. Amendment ofsecdon and Nam filed 9-15-2015; operative 9-15-2015. Ex- 2. Amendment of section and No E filed 9-15-2015; operative 9-I5-2015. Ex- empt from OAL review and submitted to OAL for 1uin no only pursuant to empt for OAL review and submitted. to OAL for dmingonly pursumd to Govemm's ExecutiveOrdallo.8-29-15 (4-1-201. (Regtster2015,No. 38). Oovemors Executive OrderNo. R-29-75 (4I-2015g (Registc2015. No.38). § 493.1. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (a) This section, 493.1, shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size. (1) For all landscapes in 493.1 (a) that have a water meter, the local agency shall administer programs that may include, butnotbe limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evahmte water use andprovide recommendations as necessary to reduce landscape watzrusetoalevel thaldoesnotex ceritheMaximumApplied WaterAllowance for existing landscapes.1boMaximurnApplicd Water Allowance for existing landscapes shall be calculated as: MA WA=(0.8) (ETo) (LA) (0.62). (2) For all landscapes in 493.1(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. NUM- Authority cited: Seed=65595, GovemmeotCode, and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Section 65596, Government Code, and section 11, Governor's Exec. Order No. 8-29-15 (April 1, 2015). HISTORY I. New section filed 9-10-2009; .70mdve 9-10-2009 pursuant toGoverninwrt Code section 11343.4 (Register _009, No. 37). 2. Amendment of subsection (a) and Nora filed 9-15-2015; operative 9-1S-�O15. Bxemptfrom OAL review and submitted to OALfrr rintingonly Pursuant to Governor's EItcenivo Order No. B-29-15 (4-1-2015) (Register 2a 15, No. 38). § 493.2. Water Waste Prevention. (a) Local agencies shall prevent water waste resulting from inefficient landscape 'irrigation by prohibiting ranuff from leaving the target land- scape due to low head drainage, ovcmpmy, or other similar conditions whore water flows onto adjacent property, non -irrigated areas, walks, roadways, parking lots, or structures. Penalties forviclation of these pro- bibitions shall be established locally. (b) Restrictions regarding overspray and runoff maybe modified if., (1) the landscape area is adjacent to permeablesurfacingand no runoff occurs; or (2) the adjacent non -permeable surfaces are designed and constructed to dram entirely to landscaping. Not?: Authority cited: Section 65594, Government Code. Reference: Section 65596, Government Code. HISTORY 1. New section filed 4-30-2009; operative 9-10-2009 pur u at to Government Code sectitm I1343.4 (Register 2009, No. 37). § 495. Reporting. (a) Local agencies shall report on implementation and enforcement by December 31, 2015. Local agencies responsible for administering indi- vidual ordinances shall report on their updated ordinance, while those agencies developing a regional ordinance shall report on their existing ordinance. Those agencies crafting a regional ordinances shall also re- port on their new ordinance by March 1, 2016. Subsequently, reporting for all agencieswill be due by January 31st of each year. Reports shall be submitted to the Department of Water Resources. (b) Local agencies are to address the following: (1) State whetheryou are adopting a single agency ordinance or a re- gional agency alliance ordinance, and the date o£adoption or anticipated date of adoption. (2) Define the reporting period. The reporting period shall commence on December 1, 2015 and the end on December 28, 2015. For local agen- cieti crating regional ordinances with other agencies, there shall be an additional. reporting period commencing on February 1, 2016 and ending on February 28, 2016. In subsequent years, all local agency reporting will be for the calendar year. (3) State if using a locally modified Water Efficient Landscape Ordi- nance (WELO) or the MWELO.If using aloeally modified WELO, how is it different than MWELO, is ilat least as efficient as M WELO, and are there any exemptions specified? (4)'State the entity responsible for implementing the ordinance. (5) State number and types ofprojects subject to the ordinance during the specified reporting period. (6) State the total area (in square feet or acres) subject to the ordinance over the reporting period, if available. (7) Provide the number of new housing starts, new commercial proj- ects, and landscape retrofits during the reporting period. (8) Describe the procedure for review of projects subject to the ordi- nance. (9) Describe actions taken to verify compliance. Is a plan check per- fermed; ifso, bywhatentity?Ts a site inspection performed; ifso, bywhat entity?'Is a post -installation audit required;if so, by whom? (10) Describe enforcement measures. (11) Explain challenges to implementing and enforcing the ordinance. (12) Describe educational and other needs to property apply the ordi- nance. NOT& Authority cited: Section 65595, GaxrammtCode; and sections 11 and 30, Govcmoes Exec. Order No. B-29-15 (April 1, 2015). Rcfenme : Section 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015). HISTORY 1. New section filed 9-15-2015; operative 9-15-?0IS. Exempt fromOAL review and submitted to GAL f irprinting cm,%mumn to Governor's Executive Order No.E 29-15(4-t-2015)(Rcgister2015,No.38).Forpriorhistory,seeRegis- ter2009, No. 37. Page 389 E3-Pg 21 Rte",2015,Na 38; 9-18-WIS 495 BA RCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 Appendix A. Reference Evapotranspiration (ETo) Table Appendix A - Reference Eva otrans iration ETo Table* County and City Jan Feb Mar Apr May Jun Jul AugSep I Oct Nov Dec Annual ETo ALAMEDA Fremont 1.5 1.9 3A 4.7 5.4 6.3 6.7 6.D 4.5 3.4 1.8 1.5 47.0 Livermore 1.2 1.5 2.9 4A 5.9 6.6 7A 6.4 5.3 3.2 1.5 0.9 47.2 Oakland L5 L5 2.8 3.9 5.1 5.3 6,0 5.5 4.8 3.1 1.4 0.9 4L8 Oakland Foothills 1.1. 1..4 2.7 3.7 5A 6.4 5.8 4.9 3.6 2:6 1.4 1.0 39.6 Pleasanton 0,8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 33 1.5 1.0 46.2 Union City 1.4 1.8 3.1 4.2 5.4 5.9 6.4 5.7 4.4 3.1 1.5 12 44.2 ALPINE Markleeville 0.7 0,9 2.0 3,5 5.0 6.1 7.3 6.4 4.4 2.6 1.2 0.5 40.6 AMADOR Jackson 1.2 1.5 2.8 4.4 6.0 7.2 7.9 7.2 5.3 32 1.4 0.9 49.9 Shanandoah Valley 1.0 1.7 2.9 4.4 5.6 6.8 7.9 7.1 5.2 3.6 1.7 1.0 48.8 BUTTE Chico 1.2 1.8 1 2.9 4.7 6.1 7.4 8.5 7.3 5.4 3.7 1.7 1.0 51.7 Durham LI 1.8 32 5:0 6.5 74 7.3 6.9 5.3 3,6 1.7 1.0 51.1 Gridley 12 1.8 3:0 4.7 6.1 7.7 9.5 7,1 5.4 3.7 1.7 1.0 51.9 Oroville 1.2 1.7 2.8 4.7 6.1 7,6 8.5 7.3 5.3 3.7 1.7 1.0 51.5 CALAVERAS San Andreas 1.2 1.5 2.9 4.4 6.0 7.3 7.9 7.0 5.3 3.2 1.4 0.7 48.9 COLUSA ^� _ _ _ Colusa 1.0 1.7 3.4 5.0 6A 7.6 9.3 7.2 5A 3.8 1.8 1.1 52.8 Williams 1.2 1.7 2.9 4.5 6.1 7.2 8.5 73 53 3.1 L6 1.0 50,8 CONTRA COSTA Brentwood 1.0 1.5 29 4.5 6.1 7.1 7.9 6.7 52 32 1.4 0.7 48.3 Concord 1.1 1.4 2.4 4.0 5.5 5.9 7.0 6.0 4.8 32 1.3 0.7 43.4 Courtland 0.9 1.5 2,9 4.4 6.1 6.9 7.9 6.7 5.3 32 1.4 0.7 49.0 Martinez 1.2 1.4 2.4 3.9 5.3 5.6 6.7 5.6 4.7 3.1 12 0.7 41.9 Moraga 12 1.5 3.4 42 5.5 6.1 6.7 5.9 4.6 32 1.6 1.0 44.9 Pittsburg 1.0 1.5 2.8 4.1 5.6 6.4 7.4 6.4 5.0 3.2 1,3 0.7 45A Walnut Creek 0.8 1.5 2.9 4,4 5.6 1 6.7 1 7.4 6.4 4.7 3.3 1.5 1.0 46.2 DEL NORTE Crescent City OS 0.9 2.0 3.0 3.7 3.5 4.3 3.7 3.0 2,0 0.9 0,5 27.7 ELDORADO Camino 0.9 1.7 215 3.9 5.9 72 7.9 6.3 5.1 3.1 1.5 0.9 47.3 FRESNO Clovis 1.0 1.5 3.2 4.8 6.4 7.7 9.5 7.3 5.3 3.4 1.4 0.7 51.4 Coalinga 1.2 1.7 3.1 4.6 6.2 7.2 8.5 7.3 5.3 3.4 1.6 0.7 50.9 Firebaggh 1.0 1.8 3:7 5.7 7.3 8.1 1 82 1 7.2 5.5 3.9 2.0 1.1 35.4 FivePoints 13 2.0 4,0 6.1 7.7 8.5 83 8.0 62 1 4,5 1 2.4 1 1.2 60,4 Fresno 0.9 1.7 3.3 4.8 6.7 7.8 8.4 71 5.2 32 1.4. 0.6 51.1 Fresno State 0.9 1.6 3.2 5.2 7.0 8.0 8.7 7.6 SA 3.6 1.7 0.9 53.7 Friant 12 1.5 3A 4.7 6A 7.7 8.5 7.3 5.3 3.4 1.4 0.7 513 Kerman 0.9 1.5 3.2 4:8 6.6 7.7 8.4 7.2 5.3 3A 1.4 0,7 51.2 Kingsburg 1.0 1.5 3.4 4.8 6.6 7.7 8.4 71 5.3 14 1.4 0.7 51.6 Mendota - LS 2.5 4.6 6.2 7.9 8.6 8.8 7.5 5.9 4.5 2A 15 61.7 Orange Cove 1.2 1.9 3.5 4.7 7.4 8.5 9.9 7.9 5.9 3.7 1.8 1.256.7 Panoche 1.1 2.0 4.0 5.6 7.9 8.5 8.3 7.3 5.6 3.9 1.8 1.2 57.2 Fortier L0 1.9 3.6 5:2 6.8 7.6 8.1 7.0 5,1 3.4 1.7 0,.9 53.0 Page 38.10 fttnaaats,Na 33;9-18-2015 E3-Pg 22 Title 23 Department of Wnter Resources 495 Appendix A - Reference Eva otrans iration (ETo) Table* County and City Jan Feb Mar Apr May Jun .Iul -Aua Sep Oct Nov Dec Annual ETo FRESNO Reedley 1.1 1.5 3.2 4.7 6.4 7.7 8.5 7.3 5.3 3A 1.4 0.7 51.3 Westlands 0.9 13 3.8 6.3 8.0 8.6 8.6 7.8 5.9 4.3 2.1 1.1 58.8 GLENN Orland 1.1 1.8 3.4 5.0 6.4 7.5 7.9 6.7 5.3 3.9 1.8 1.4 52.1 Willows 1.2 1.7 2.9 4.7 6.1 7.2 8.3 7.3 5.3 3.6 1.7 1.0 51.3 HUMBOLDT Eureka 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3:7 3.0 2.0 0.9 0.5 27.5 Femdale 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Garberville 0.6 1.2 2.2 3.1 4.5 5.0 5.5 4.9 3.8 2A o 0.7 34,9 lloopa 0.5 1.1 2.1 3.0 4.4 5.4 6.1 5.1 3.8 2.4 0.9 0.7 35.6 IMPERIAL Brawley 2.1 3.1 5.9 1.0 10.4 1.1.5 11.7 10.0 8.4 6.2 3.5 2.1 84.2 Calipatria/Mulbtry e 2.4 3.2 5.1 6.8 8.6 92 9.2 8.6 7.0 5.2 3.1 2.3 70.7 E1 Centro 2.7 3.5 5.6 7.9 10.1 11.1 11.6 9.5 8.3 6.1 3.3 2.0 S1.7 Holtville 2.8 3.8 5.9 7.9 10.4 I L6 12.0 10.0 8.6 G2 3.5 2.1 84.7 Meloland 2.5 3.2 5.5 7.5 8.9 92 9.0 8.5 6.8 5.3 3.1 2.2 1 71.6 Palo Verde 1I 2.5 3.3 5.7 6.9 3.5 89 8.6 7.9 6.2 4.5 2.9 2.3 68.2 Seeley 2.7 3.5 5.9 7.7 9.7 10.1 9.3 8.3 6.9 55 3A 22 75.4 Westmoreland 2.4 33 5.3 6.9 8.7 9.6 9.6 8.7 1 6.9 5.0 3.0 2.2 71.4 Yuma 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 1 6.9 5.0 3.0 2.2 71.6 INYO Bishop 1.7 1 2.7 1 4.8 6.7 8.2 10.9 7.4 9.6 7.4 4.8 25 1.6 68.3 Death ValleyJct 2.2 3-35.4 7.7 9.8 -11.4 10.1 8.3 5.4 2.9 1.7 79.1 Independence 1.7 2.7 3A 6.6 8.5 1 9.5 1 9.8 8.5 7.1 3.9 2.0 L5 65.2 Lowcr Flaiwee Res. 1.8 27 4.4 7.1 8.5 9.5 9.8 8.5 7.1 4.2 2.6 L5 67.6 Oasis 2.7 2.8 _j.9_L S.O 10.4 l L7 I-6 I0 0 8.4 6.2 3.4 2.1 83.1 KERN Arvin 1.2 1.8 3.5 4.7 6.6 7.4 8.1 7.3 5.3 3.4 1.7 1.0 51.9 Bakersfield 1.0 1.8 3.5 4.7 6.6 7.7 8.5 73 5.3 3.5 1.6 E. 52.4 Bakenfield/Bonanza 1.2 2.2 3,7 5.7 7.4 8.2 8.7 7.8 5.7 4.0 2.1 12 57.9 Bakerstield/Greonlee L2 2.2 3.7 5.7 7.4 8.2 8:7 7.8 5.7 4.0 2.1 1.2 57.9 Belridge 1.4 1 2.2 1 4.1 5.5 7.7 1 8.5 1 8.6 7.8 : 6.0 3.8 2.0 1.5 592 Blackwelis Corner 1.4 2.1 3.8 5.4 7.0 1 7.8 1 85 7.7 5.8 1 3.9 1.9 1.2 56.6 Buttonwillow 1.0 1 1.8 1 3.2 4.7 6.6 1 7.7 1 8.5 7.3 5.4 1 3.4 1.5 0.9 52.0 China Lake 2.1 1 3.2 1 53 7.7 92 1 10.0 1 11.0 9.8 7.3 4.9 2.7 1.7 74.8 Delano 0.9 1.8 3.4 4.7 6.6 7.7 1 8.5 7.3 5.4 3.4 1.4 0.7 52.0 Famoso 1.3 1.9 3.5 4.8 63 7.6 1 8.0 7.3 5,5 3.5 1.7 1.3 53.1 Grapevine 1.3 1.8 3.1 4.4 5.6 6.8 7.6 6,8 5.9 3.4 1.9 1.0 49.5 Inyokem 2.0 3.1 4.9 7.3 8.5 9.7 11.0 9.4 7.1 5.1 2.6 1.7 72.4 Isabella Dam 1,2 IA 2.9 4A 5.8 7.3 7.9 7.0 5.0 3.2 1.7 0.9 48.4 Lamont 1.3 2.4 4.4 4.6 6.5 7.0 8,8 7.6 5.7 3.7 1.6 0.8 54A Lost Hills 1.6 2.2 3.7 5.1 6.9 7.8 8.7 7.8 5.7 1 4.0 1 2.1 1.6 1 57.1 McFarland/Kern 1.2 2.1 3.7 1 5.6 7.3 8.0 8.3 7.4 5.6 1 4.1 1 2.0 1.2 56.5 Shatter 1.0 1.7 3A 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1.5 0.9 52.1 Taft 1.3 1.8 3A 4.3 6.2 7.3 8.5 7.3 5.4 3.4 L7 1.0 51.2 Tehachapi 1.4 1.8 3.2 1 5.0 6.1 7.7 7.9 7.3 5.9 1 3.4 1 2.1 1.2 52.9 KINCS Caruthers 1.62.5 4.0 5.7 7.8 8.7 9.3 8.4 6.3 4.4 2.4 1.6 62.7 Page 38.11 114a ,2014,:w 38, 9-18-Ws E3-Pg 23 § 495 BARCI.AYS CALIFORNIA CODE OF REGULATIONS 'Iitle23 Appendix A - Reference Eva otrans iration E,To Table* County and City Jan I Feb Mar Apr May Jun Jul AugSe Oct flnv Dee Annual ETo KINGS Corcoran 1.6 2.2 3.7 5.1 6.8 7.8 1 83 1 7.8 5.7 4.0 1 2.1 1.6 57.1 llanford U9 1.5 3.4 5.0 6.6 7.7 1 83 1 72 574 3.4 1.4 0.7 51.5 Kettleman 1.1 2.0 4.0 6,0 7.5 8.5 9.1 8.2 6.1 4.5 1 2.2 1.1 60.2 Lemoore 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1 1.4 0.7 51.7 Stratford 0.9 1,9 3.9 6.1 7,8 8.6 8.8 7.7 5,9 4.1 2.1 1.0 59.7 LAKE i,akeport 1.1 1.3 2.6 3.5 57 6.0 7.3 6.1 4.7 2.9 12 0.9 42.8 Lower Lake 12 1.4 2.7 4.5 5.3 6.3 74 6.4 5A 3,1 13 1 0.9 45.4 LASSEN Buntin ville 1.0 1.7 3.5 4.9 6.2 7.3 8.4 7.5 5.4 1 3.4 1.5 0.9 51.3 Ravendalc 0.6 1.1 2,3 4.1 5.6 6.7 7.9 7.3 4.7 2.8 1.2 0.5 44.9 Susanville 0.7 1.0 2.2 4.1 5.6 6.5 7.8 7.0 4.6 2.8 1.2 OS 44.0 LOSANGELES Burbank 2.1 2.8 3.7 4.7 5.1 6.0 1 6.6 6.7 5.4 4.0 2.6 2.0 51.7 Claremont 2.0 2.3 1 3.4 4.6 5.0 6.0 1 7.0 7.0 5.3 4.0 2.7 2.1 51.3 EI Dorado 1.7 22 3.6 4.8 5.1 5.7 5.9 5.9 4.4 3.2 2.2 1.7 46.3 Glendale 2.0 2.2 33 3.8 4.7 4.8 5.7 5.6 4.3 3.3 2.2 1.8 43.7 Glendora 2.0 2.5 3.6 4.9 5A 6.1 7.3 6.8 5.7 4.2 2.6 2.0 53.1 Gorman 1.6 2.2 3.4 1 4.6 5.5 7.4 7.7 7.1 5.9 3.6 2.4 1. F 52A Hollywood Hills 2.1 2.2 3.8 5.4 6,0 6.5 6.7 6.4 5.2 3.7 2.8 1 2.1 52.8 Lancaster 2.1 3.0 4.6 5.9 1 8.5 93 11.0 9.3 7,3 4,6 2.8 1.7 71.1 Long Beach 1.8 2.1 3.3 3.9 1 4.5 4.3 5.3 4.7 3,7 2.8 1.8 1.5 39.7 Los Angeles 2.2 2.7 3.7 4.7 5,5 5,8 6.2. 5.9 5.0 3.9 2.6 1.9 50.1 Monrovia 2.2 2.3 3.8 4.3 S.5 5.9 6.9 6.4 5.1 32 2.5 2.0 502 Palmdale 2.0 2.6 4.6 62 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 _Pasadena - 2.1 2.7 3.7 1 4.7 5.1 6.0 7.1 1 6.7 5.6 4.2 16 2.0 52.3 Peu lossom 1,7 2.4 L 3.7 4.7 1 7.3 7.7 9.9 1 7.9 6.4 4.0 2.6 1.6 59.9 Pomona 1.7 2.0 3.4 4.5 5.0 5.9 6.5 6.4 4.7 3.5 2.3 1.7 47.5 Redondo Beach 22 2.4 1 3.3 3.8 1 4.5 4.7 SA 4.8 T4 2.8 2,4 2.0 42.6 Son Fernando 2.0 2.7 3.5 4.6 5.5 5.9 73 6.7 5.3 3.9 2,6 2.0 52.0 Santa Clarita 2.8 2.8 4.1 5.6 6,0 6.8 7:6 7.8 5.8 5.2 1 3.7 3.2 61.5 Santa Monica 1.8 2.1 3.3 4.5 4.7 5.0 S4 5.4 3.9 3A 2.4 2.2 44.2 MADERA Chowchilla LO 1.4 3.2 4.7 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Madera 0.9 1.4 3.2 4.8 6.6 7.8 85 7.3 5.3 3.4 1A 0.7 51.5 Raymond 12 1.5 3.0 4.6 6.1 7.6 8.4 73 52 3.4 1.4 0.7 50.5 6tARIN Black Point 1.1 13 3.0 42 5.2 6.2 6.6 1 5.8 4.3 2.8 13 1 0.9 43.0 Novato 1.3 1.5 2.4 3.5 4.4 6.0 5.9 1 5.4 4.4 2.8 1.4 0.7 39.8 Point San Pedro 1.1 1.7 3.0 4 2 5.2 62 6.6 5.8 4.3 2.8 1.3 0.9 43.0 San Ra0fel 12 1.3 2.4 3.3 4.0 4.8 4.8 4.9 413 2.7 13 0.7 35.8 MARIPOSA Coulterville 1.1 1.5 2.8 1.4 5.9 7.3 8.1 7.0 5.3 3A 1.4 0.7 48.8 Mariposa 1.1 1.5 2.8 4.4 5.9 7,4 8.2 7.1 5.0 3A 1.4 0.7 49.0 Yosemite Village 0.7 LO 1 2.3 3.7 5,1 6.5 7.1 6.1 4.4 1 2.9 1.1 0.6 41.4 MENDOCINO Fort Bragg 0.9 1.3 2.2 3.0 3.7 3.i 3.7 3.7 3.0 2.3 1.2 O.7 29.0 Hopland 1.1 L3 2.6 3.4 5.0 5.9 6.5 5.7 4.5 2.8 1.3 0.7 40.9 Page38.12 arexoss,xo. se;saa-toss E3-Pg 24 Title 23 Department of Water Resources § 495 A -Reference Eva etrans iration ETo Table" -Appemdix County and City .Inn Feb Mar Apr May Jun Jul AugSep Oct Nov Dec Annual ETo MENDOCINO Point Arena 1.0 1.3 2.3 3.0 3.7 3.9 3.7 3.7 3.0 2.3 1.2 0.7 29.6 Sneed Valley 1.0 L6 3.0 4,6 6.0 7.0 8.0 7.0 5.2 3,4 l.4 0,9 49.1 Ukiah 1.0 1.3 2.6 33 5.0 5.8 6.7 5.9 4.5 2.9 1.3 OJ 40.9 MERCED Kesterson 0,9 1.7 34 5.5 7.3 8.2 8.6 7.4 5.5 3.8 1.8 0.9 55.1 Los Banns 1.0 1.5 12 4.7 6.1 7.4 8.2 7.0 5.3 3.4 1.4 03 50.0 Merced 1.0 1.5 3.2 4.7 6.6 7.9 8.5 7.2 5.3 1 3.4 L4 0.7 51.5 MODOC Modoc/Alturas 0.9 IA 2.8 3.7 5.1 62 7.5 6.6 4.6 2.8 1 2 0.7 43.2 MONO Bridgeport 0,7 0.9 2.2 3.8 5.3 .6.6 7.4 6.7 4.7 27 12 0.5 43.0 MONTEREY Arroyo..Seco 1.5 2.0 3.7 5.4 6.3 1 7.3 7.2 6.7 5.0 3.9 2.0 1.6 52.6 Castroville 14 1.7 3,0 4.2 4.6 4.8 4.0 3.8 3.0 2,6 1.6 1.4 _ 36.2 Gonzales 1.3 1.7 3.4. 4.7 5.4 6.3 6.3 5.9 4.4 3A 1.9 1.3 45.7 Greenfield 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2A 1.8 49.5 King City 1.7 2.0 3.4 4.4 4.4 5.6 6.1 6.7 6.5 5.2 22 1.3 49.6 King City -Oasis Rd, L4 1.9 1 3.6 5.3 6.5 7.3 7.4 6.8 5.1 4.0 2.0 1.5 52.7 Long Valley 1.5 1.9 3.2 4.1 5.3 6.5 7.3 6.7 5.3 3.6 2.0 1.2 49.1 Monterey 1.7 1.8 2.7 3.5 4.0 4.1 4.3 4.2 33 2.8 1.9 1.5 360 Pajaro 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 1 3.4 1 2.4 1.8 46.1 Salinas L6 1.9 2.7 3.8 4.8 4.7 5.0 4.5 4.0 2.9 1.9 1.3 39.1 Salinas North 1.2 1.5 29 4.1 4.6 52 4.5 4.3 3.2 2.8 1.5 1.2 36.9 SanArdo 1.0 1.7 3,1 4.5 5.9 7.2 S. F 7.1 5,1 3.1 1.5 Lo 49.0 Sanhan 1.3 2.1 3.4 4.6 53 5.7 5.5 4.9 3.8 32 2.2 1-9 44.2 Soledad 1.7 2.0 3.4 4.4 5.5 5A 6.5 6.2 5.2. 3.7 2.2 -1.5 47.7 NAPA Angwin 1.8 1.9 3.2 4.7 5.8 73 9.1 7.1 5,5 4.5 2.9 2.1 54.9 Cameras 0.8 1.5 3.1 4.6 5.5 6.6 6.9 6.2 4.7 3.5 1.4 1.0 45.8 Oakville 1.0 1.5 2.9 1 4.7 5.8 6.9 7.2 6.4 4.9 3.5 1.6 1.2 47.7 St Helena 1.2 1.5 2.8 3.9 5.1 6.1 7.0 62 4.8 3.1 1 1.4 0.9 44A Youniville 1.3 1.7 2.8 3.9 5.1 6.0 7.1 6.1 4.8 3.1 1.5 0.9 44.3 NEVADA _ Gross Valley 1.1 1.5 2.6 4.0 5.7 7.1 ( 7.9 7.1 53 32 1.5 0.9 48.0 Nevada City 1.1 1.5 2.6 3.9 5.8 6.9 7.9 7.0 53 3.2 1.4 0.9 47.4 ORANGE Irvine 2.2 2.5 3.7 4.7 5.2 5.9 6.3 62 4.6 3.7 2.6 23 49.6 Laguna Beach 2.2 2.7 3.4 3.8 4.6 4.6 4.9 4.9 4A 3.4 2A 2.0 43.2 Santa Ann 2.2 23 3.7 4.5 4.6 5.4 61 &1 43 3.7 2.5 2.0 48:2 PLACER Auburn 1.2 1.7 2.9 4A 6,1 7.4 8.3 7.3 5.4 3A 1.6 1.0 50.6 Blue Canyon 0.7 1.1 2.1 3.4 4.8 6.0 7,2 6.1 4.6 2.9 0.9 0.6 40.5 Colfax 1.1 1.5 16 4.0 5.8 7A 7.9 7A 5.3 32 IA 0.9 1 47.9 Roseville 1 1ff0'7O'7 17 3.1 4,7 62 7,7 8.5 7.3 5.6 3.7 13 1.0 52.2 Soda Springs 1:8 70 4.3 5.3 6.2 55 41 2.5 0,7 O 7 35.4TahoeCity 1,7 3.0 4.3 5.4 6.15.64.1 2A 0.8 0.6 35.5Tmekee L7 32 4A 5.4 6.4 53 4.1 2.4 0.8 0,6 36.2 Page 38.13 R.*m, 013, \¢ 38; 9-18-9315 E3-Pg 25 495 BARCLAYS CALIFORNIA CODE OFREGULATIONS, Title 23 AppendioxA-Reference Eva otran5 iratio(ETO Table* County and Clty PLUMAS Jan Feb Mar. Apr M ,/un _ .hd A_u� Se Oct Nov Dee Annual ETO Portola 0.7 0.9 1.9 3.5 4.9 5.9 7.3 5.9 4.3 2.7 0.9 0.5 39A Quincy 0.7 0.9 2.2 3.5 4.9 5.9 7.3 5.9 4A 2.8 1:2 0,5 40.2 RIVERSIDE Beaumont 2.0 2.3 3.4 4.4 6.1 7.1 7.6 7.9 6.0 3.9 2.6 13 55.0 Blythe 2.4 3.3 5.3 6.9 8.7 9.6 9.6 3.7 6.9 5.0 3.0 2.2 71A Cathedral City 1.6 2,2 3,7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2J 1.6 57.1 Coachella 2.9 4.4 6.2 9.4 10.5 11.9 12.3 10.1 8.9 62 3.9 2A 88.1 Desert Center 2.9 4.1 6A 8.5 11.0 12A 12.2 11.1 9.0 6.4 3.9 2.6 90.0 Elsinore 2.1 2.8 3.9 4.4 .5.9 7,1 7,6 7.0 5.8 3.9 2.6 1.9 55.0 Indio 3.1 3.6 6.5 83 10.5 11.0 10.8 9.7 8.3 5.9 33 2.7 83.9 La Quinta 2.4 2.8 5.2 6.5 8.3 8.7 8,5 7.9 6.5 4.5 2.7 23, 66.2 Mecca 2,6 3.3 5.7 7,2 8.6 9.0 8.8 8.2 6.8 5.0 3.11 14 70.8 Oasis 2,9 3.3 5.3 6A 8.5 8.9 8.7 7.9 6.9 j 4.8 2.9 . 2.3 68.4 Palm Desert 2.5 3A 5.3 6,9 8.7 9.6 9.6 8.7 6.9 5A 3.0 22 71.6 Palm Springs 2.0 2.9 4.9 7.2 8.3 8.5 11.6 8.3 7.2 5.9 2.7 1.7 71.1 Rancbo California 1,8 222 3A 4.8 5,6 63 6.5 6.2 4.8 3.7 2.4 1.8 49.5 Rancho Mirage 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 22 71.4 Ripley 2.7 3.3 5:6 72 8.7 8.7 8.4 7.6 62 4,6 2.8 32 67.3 Salton Sea North 2.5 3.3 5.5 7.2 8,8 - 9.3 9,2 8.5 6.8 5.2 3.1 2.3 71.7 Tcmecula East 11 2.3 2.4 4.1 4.9 6.4 7.0 . 7.8 7.4 5.7 4.1 2.6 2.2 56.7 Thermal 2A 3.3 5.5 7,6 9.1 9.6 93 8.6 7.1 5.2 3.1 2.1 72.8 Riverside UC 25 2.9 42 S. 5.9 6.6 7.2 6.9 5.4 4.1 29 2.6 56.4 Winchester 2.3 2.4 4.I 43 6.4 6.9 73 7.5 6.0 3.9 2.6 2.1 56.8 SACRAMENTO Fair Oaks 1.0 1.6 3.4 4,1 6.5 7.5 8A 7.1 52 3.4 L5 1.0 50.5 Sacramento 1.0 L8 3.2 4.7 6.4 T7 8.4 7.2 5.4 3.7 L7 0.9 51.9 TwitchellIsland 1.2 1.9 3,9 5.3 7.4 8.8 9.1 7.8 5.9 3.8 .1.7 1.2 57.9 SAN BENITO Hollister 1,5 1.8 3.1 4.3 5.5 5.7 6.4 5.9 5,0 3.5 1.7 1.1 45.1 San Benito 1..2 1.6 3.1 4.6 5.6 6.4 6.9 6.5 4.8 3.7 1:7 1.2 47.3 San JumValley 1.4 1.8 3.4 4.5 6.0- b.7 7l 6.4 5.0 3.5 1.8 1.4 49.1 SAN BERNARDINO Baker 2.7 3.9 6.1 8.3 10.4 11.8 12.2 11.0 9.9 6A 33 2.1 86.6 Barstow NG 2.2 2.9 .5.3 6.9 9,0 10.1 9.9 8.9 6.8 4.8 2.7 2.1 71.7 _ Big Bear Lake 1.8 2.6 4.6 6.0 7A 7.6 8.1 7A 5.4 4.1 2.4 L8 58.6 China 2A 2.9 3.9 4.5 5.7 6.5 7.3 7.1 59 4.2 2.6 2.0 54.6 Crestline 1.5 1.9 3.3 4.4 5.5 6.6 7.8 7.1 5A 3.5 2.2 ib 50.8 Lake Arrowhead L8 2.6 4.6 6.0 7.0 7.b 3.1 l.d 5.4 4.1 2.4 1.8 58.6 Lucerne Valley 2.2 2.9 5.1 6.5 9.1 I1.0 11.4 9.9 7.4 5,0 3.0 l.8 75.3 Needles 1.2 4.2 6.6 9.9 I LD 12.4 12.8 11.0 R9 6.6 4.0 2.7 92.1. Newberry Springs 2.1 2.9 5.3 3.4 1 9.9 J0.9 11.1 9.9 7.6 5.2 3.1 2.0 78.2 San Bernardino 10 2.7 3.8 4.6 5.7 6,9 79 7.4 5.9 4.2 2,6 2.0 55.6 Tventynine Palms 2.6 3,6 5.9 7.9 10.1 11.2 11.2 10.3 8.6 5.9 2:2 82.9 Victarville 2.0 2.6 4.6 62 7.3 8.9 9.8 _ 9.0 6.5 4.7 _3A 2.7 2.1 66.2 SAN DIEGO Chula Vista 2.2 2.7 .1.4 3.8 4,9 4.7 5.5 4.9 43 3.4 2A 2.0 44.2 Escondido 5PV 2.4 2.6 '3.9 4.7 5.9 6.5 7.1 6.7 53 3.9 2.8 2.3 542 Miramar 2,3 2.5 3.7 4.1 5.1 5.4 6A 5.8 4.5 3.3 1 2.4 2.1 47.1 Page38:14 Reg W20r5,Na.38;9-18-20U E3-Pg 26 Title 23 Department -of Water Resources § 495 Appendix A - Reference Eva otrans iration (ETo) Table County and City Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dee Annual ETo SAN DIEGO Oceanside 22 2.7 3.4 3.7 4.9 4.6 4.6 5.1 4A 33 2.4 2.0 42.9 Otay Lake 2.3 2.7 3.9 4.6 5.6 5.9 6.2 6.1 4.8 3.7 2.6 2.2 50.4 Valley 1.5 2A 3.8 5.1 6.0 7.0 7.8 7.3 6.0 4.0 2.2 - 1.7 54.8 -Pine Ramona 2.1 2.1 3.4 4.6 5.2 6.3 6.7 6.8 5.3 4.1 2.8 2.1 51.6 SanDiego 2.1 2.4 3.4 4.6 5.1 5.3 5.7 5.6 4.3 3.6 2.4 2.0 46.5 Santee 2.1 2.7 3.7 4.5 5.5 6.1 6.6 6.2 5.4 3.8 2.6 2,0 51.1 Torrey Pines 2.2 2.3 3.4 3.9 4.0 4.1` 4.6 4.7 3.8 2.8 2.0 2.0 39.8 Warner Springs 1.6 2.7 3.7 4.7 5.7 7.6 8.3 7.7 63 4.0 2.5 13 56.0 SAN FRANCISCO San Francisco 1.5 13 2.4 3.0 3.7 4.6 4.9 4.8 4.1 2.8 1.3 0.7 35.1 SAN JOAQUIN Farmington 1.5 1.5 2.9 4.7 6.2 7.6 8.1 6.8 5.3 3.3 1.4 0.7 50.0 Lodi West 1.0 l:6 3.3 4.3 6.3 69 7.3 6.4 4.5 3.0 1.4 0.8 46.7 Manteca 0.9 1.7 3.4 5.0 6.5 7.5 8.0 7.1 5.2 3.3 1.6 0.9 512 Stockton 0.8 1 1.5 1 29 4.7 6.2 7.4 _ 8.1 6.8 5.3 3.2 1.4 0.6 49.1 Tracy 1.0 1.5 2.9 4.5 6A 7.3 7.9 6.7 5.3 3.2 1.3 0.7 48.5 SAN LUIS OBISPO Arroyo Grande 2.0 2.2 3.2 3.8 4.3 4.7 4.3 4.6 3.8 3.2 2A L7 40.0 Atascadero 1.2 1.5 2.8 3.9 4-5 6.0 6.7 6.2 5.0 3.2 1.7 1.0 143.7 Morro Bay 2.0 2.2 3.1 3.5 4-3 4.5 �4.6 �4.6 �� 3.8 _ 3.5 2.1 L7 , 39.9 Nipomo 22 2.5 3.9 5.1 5.7 62 6A 6.1 4.9 4.1 2.9 23 52.1 Paso Robles 1.6 2.0 - 3.2 43 5.5 . 63 73 6.7 5.1 3.7 2.1 1 A 49.0 San Luis Obispo 2.0 1 2.2 3.2 1 4.1 4.9 5.3 4.6 5.5 4.4 3.5 2.4 1.7 43.8 San Miguel 1.6 2.0 32 4.3 5.0 6.4 7.4 6.9 5.1 3.7 2.1 1A 49.0 San Simeon 2.0 2.0 2.9 3.5 4.2 4A 4.6 4.3 3_5 3.1 2.0 1.7 39.1 SAN MATEO _ i Hal Moon Bay 1.5 1.7 1 2A 3.0 3.9 4.3 4.3 4.2 3.5 2.8 1.3 1.0 33.7 Redwood City 1.5 1.8 2.9 3.8 5.2 5.3 1 6.2 5.6 1 4.8 3.1 1.7 1.0 42.8 Woodside 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6,2 4.8 3.7 2.4 1.8 49.5 SANTA BARBARA Bcticmvia 2.1 2.6 4.0 5.2 6.0 5.9 5.8 5.4 4.1 3.3 2.7 2.1 49.1 Carpenteria 2.0 2.4 3.2 1 3.9 4.8 5.2 5.5 5.7 4.5 3.4 2.4 2.0 43.9 Cuyama 2.1 2.4 3.8 5.4 6.9 7.9 8.5 7.7 5.9 4.5 2.6 2.0 59.7 Goleta 2.1 2.5 3.9 5.1 5.7 5.7 5.4 1 5.4 4.2 3.2 2.8 2.2 48.1 Goleta Foothills 2.3 2.6 3.7 571 5.1 1.6 5.5 5.7 4.5 3.9 2,8 2.3 49.6 Guadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5� 4.6 4.1 3.3 24 1.7 4L1 Lompoc 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8 3.9 3.2 2.4 1.7 41.1 Los Alamos 1.8 2.0 3.2 4.1 4.9 5.3 5.7 5.5 4.4 17 2.4 1.6 44.6 Santa Barbara 2.0 2.5 3.2 3.8 4.6 5.1 5.5 . 4.5 3.4 2.4 L8 1.8 40.6 Santa Maria 1.8 2.3 3.7 5.1 5.7 5.8 5.6 5.3 4.2 3.5 2A 1.9 47A Santa Yncr. 1.7 2.2 3.5 5.0 5.8 6.2 6A 6.0 4.5 3.6 22 1.7 483 Sisquoc 2.1 2.5 3.8 4.1 6.1 6.3 6.4 5.8 4.7 3.4 2.3 1.8 49.2 Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6A 5.6-4.4 3.7 2.2 1.6_ 45.6 SANTA CLARA Gilroy 1.3 1.8 3.1 4.1 5.3 5.G 6.1 5.5 4.7 3A 1.7 LI 43.6 Los Gatos 1.5 1.8 2.8 3.9 5.0 5.6 62 5.5 4.7 3.2 1.7 1.1 42.9 Morgan Hill L5 1.8 3.4 4.2 6..3 7.0 ZI 6.0 5.1. 3.7 L9 1.4 49.5 Palo Alto IS 1.8 2.8 3.6 52 53 6.2 5.6 5.0 3,2 }.7 1.0 43.0 Page X14(a) R4m,2015, 1N. M; 9-1s-ms E3-Pg 27 495 BARCLAYS CALIFORNIA, CODE OF REGULA7ZONS Title 23 Appendix A- Reference Eva otrans iration(ETO Table* County and City Jan Feb Mar Apr Mav ,fun Jul AugSep Oct Nov Dec Annual ETo SANTA CLARA San lose 1.5 1.8 3.1 4.1 5.5 5.8 6.5 5.9 5.2 3.3 1.8 1.0 45.3 SANTA CRUZ De Laveaga 1.4 1.9 3.3 4.7 4.9 53 5.0 4.8 3.6 3.0 1.6 13 40.8 Green Valley Rd 12 1.8 3.2 4.5 4.6 5.4 5.2 5.0 3.7 3.1 1.6 13 40.6 Santa Cruz 1.5 1.8 2.6 3.5 4.3 4.4 4.8 4.4 3.8 2.8 1.7 1.2 36.6 Watsonville 1.5 1.8 2.7 3.7 4.6 4.5 4.9 4.2 4.0 2.9 1.8 1.2 37.7 Webb 1.8 22 3.7 4.8 5.3 5.7 5.6 5.3 43 3.4 2.4 1.8 46.2 SHASTA Burney 0.7 1.0 2.1 3.5 4.9 5.9 7.4 6.4 4.4 2.9 0.9 0.6 40.9 .Fall River Mills 0.6 1.0 2.1 3.7 5.0 6.1 7.8 6.7 4.6 2.8 0.9 0.5 41.8 Glenbum 0.6 1.0 2.1 3.7 5.0 63 7.8 6.7 4.7 2.8 0.9 0.6 42.1 McArthur 0.7 1.4 2.9 4.2 5.6 6.9 8.2 7.2 5.0 3.0 1.1 0.6 46.8 Redding 1.2 1.4 2.6 4.1 5.6 7.1 8.5 7.3 53 32 IA 0.9 48.8 SIERRA Downieville 03 1.0 2.3 3.5 5.0 6.0 7A 6.2 4.7 2.8 0.9 0.6 41.3 Sierraville 0.7 1.1 2.2 3.2 4.5 5.9 7.3 6.4 4.3 2.6 0.9 0.5 39.6 SISKIYOU Happy Camp 0.5 0.9 2.0 3.0 4.3 52 6.1 5.3 4.1 2.4 0.9 0.5 35.1 MacDoel 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 Mt Shasta 0.5 0.9 2.0 3.0 4.5 5.3 1 6.7 5.7 4.0 22 0.7 0.5 36.0 Tulclake FS 0.7 L3 2.7 4.0 SA 63 7.1 6.4 4.7 2.8 1.0 0.6 42.9 Weed 0.5 0.9 2.0 2.5 4.5 5.3 6.7 5.5 3.7 2.0 0.9 0.5 34.9 Yreka 0.6 0.9. 2A 3.0 4.9 5.3 7.3 6.5 4.3 1 2:5 0.9 0.5 39.2 SOLANO Benicia 1.3 1.4 2.7 3.8 4.9 5.0 6.4 5.5 4A 2.9 1.2 1 0.7 40.3 Dixon 0.7 1.4 32 52 6.3 7.6 8.2 7.2 5.5 43 1.6 1.1 52.1 .Fairfield 1.1 1.7 2.8 4.0 5.5 6.1 7.8 6.0 4.8 3.1 1.4 0.9 45.2 Hastings Tract 1.6 22 3.7 5. F 6.8 7,8 8.7 7A 53 4,0 2.1 1..6 57.1 Putah Creek 1.0 1.6 3.2 4.9 6.1 7.3 7.9 7.0 5.3 3.8 1.8 1.2 51.0 Rio Vista 0.9 1.7 2.8 4.4 59 6.7 7.9 6.5 5.1 3.2 13 0.7 47.0 Suisun Valley 0.6 1.3 3.0 4.7 5.8 7.0 7.7 6.8 5.3 3.8 1.4 0.9 483 Winters 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 52 1 3.5 1.6 1.0 51.0 SONOMA BennenValley 1.1 1.7 32 4.1 5.5 6.5 6.6 5.7 4.5 3.1 1 1.5 0.9 44.4 Cloverdale 1.1 1.4 2.6 3A 5.0 5.9 6.2 5.6 4.5 2.3 1.4 0.7 40.7 _ .Fort Ross _ 12 1.4 2.2 3.0 3.7 4.5 4.2 4.3 3.4 2.4 l2 0.5 31.9 Healdsiniq 12 1.5 2.4 3.5 5.0 5.9 6.1 5.6 4.5 2.8 1.4 0.7 40.8 Lincoln 1.2 1.7 2.9 4.7 6.1 7.4 8.4 7.3 5.4 3.7 1.9 1.2 51.9 Petaluma 12 1.5 2.8 33 4.6 5.6 4.6 5.7 4.5 2.9 1.4 0.9 39.6 Santa Rosa 12 1.7 2.8 3.7 5.0 6.0 6.1 5.9 4.5 2.9 1.5 0.7 410 Valley of the Moon 1.0 1.6 3.0 4.5 5.6 6.6 7.1 6.3 4.7 3.3 1.5 1.0 46.1 Windsor 0.9 1.6 3.0 4.5 5.5 6.5 6.5 5.9 4.4 3.2 1.4 1.0 442 STANISLAUS Denair 1.0 1.9 3.6 4.7 7.0 7.9 1 8.0 1 6.1 5.3 3.4 1.5 1.0 51.4 1,11 Grange 1.2 1.5 3.1 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 03 5 12 Modesto 0.9 1.4 32 4.7 6.4 7.7 8.1 6.8 5.0 3A ].4 0.7 49.7 Newman 1.0 1.5 32 4.6 6.2 7.4 S.l 6.7 5.0 3A IA 0.7 493 Oakdale 1.2 1.5 3.2 4.7 6.2 7.7 8A 7.1 5.1 1 3.4 1.4 0.7 503 Page38.14(b) Rqg l.20ri.M.38;9-1a-201S E3-Pg 28 Title 23 Department of Water Resources § 495 ADDendix A - Reference Evapotranspiration To Table* County and City Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dee Annual E'ro STANISLAUS Patterson 1.3 2.1 4.2 5A 7.9 8.6 8.2 6.6 5.8 4.0 1.9 1.3 57.3 Turlock 0.9 1.5 32 4.7 6.5 7.7 82 7.0 5.1 3A 1.4 0.7 502 SUTTER _ Nicolaus 0.9 1.6 3.2 4.9 6.3 75 8.0 6.9 5.2 3A 1.5 0.9 50.2 Yuba City L3 2.1 2.8 4.4 5.7 7.2 7A 6.7 4.7 3.2 1.2 0.9 46.7 TEHAMA Corning 1.2 1.8 2.9 4.5 6.1. 7.3 8.1 1 72 5.3 3.7 1.7 LI 50.7 Gerber 1.0 1.8 ' 3.5 5.0 6.6 7.9 8.7 1 7.4 55F 4A 1.9 1.1 54.7 Gerber Dryland 0.9 1.6 3.2 4.7 6.7 8A 9.0 29 6,0 42 2,0 1.0 55.5 'Red Bluff 12 1.8 12.9 4A 5.9 7.4 8.5 7.3 5.4 3.5 1.7 1.0 51.1 TRINITY Hay Fork 0:5 1.1 2.3 3.5 4.9 5.9 7.0 &0 4,5 2.8 0.9 0.7 40A Weavervdle 0.6 1.1 12.2 33 4.9 5.9 7.3 6.0 4A 2,7 0.9 0.7 40.0 TULARE Alpauvh 0.9 1.7 3.4 4.8 6.6 7.7 8.2 7.3 5.4 3ACL51.2 51.6 Badger 1.0 1.3 2.7 4.1 6.0 7.3 7.7 7.0 4.8 33 47.3 Dclano 1.1 1.9 j 4.0 4.9 7.2 7.9 9.1 7.3 SA 3.2 53.6 Dinuba Ll 1.5 32 4.7 6.2 7.7 8.5 7.3 5.3 3.4 51.2 Lindcove 0.9 1,61 3.0 4.8 6.5 7.6 3.1 72 5.2 3.4 50.6 Porterville 12 L8 3.4 4.7 6.6 7.7 8.5 T3 5.3 3.4 52.1 Visalia 0.9 1.7 3.3. 5.1 6.8 73 7.9 6.9 4.9 3.2. 50.7 TUOLUMNE Groveland 1.1 1.5 2.8 4.1 5.7 7.2 T9 6.6 5.1 33 1.4 0.7 47.5 Sonora 1.1 1.5 IS 4.1 5.8 7.2 T9 6.7 5.1 3.2 1.4 0.7 47.6 VENTURA Camarillo 22 2.5 j 3.7 4.3 5.0 52 5.9 SA 4.2 3.0 25 2.1 46.1 Oxnard 2.2 2.5 3.2 3.7 4A 4,6 5.4 4.9 4.0 3.3 2.4 2.0 42.3 Piro 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.9 5,8 5,2 3.7 12 61.5 Port Hueneme 2:0 2.3 ' 3.3 4,6 49 4.9 4.9 SA 3.7 3.2 2S 2.2 43.5 Tliousand Oaks 2.2 2.6 3.4 4.5 5.4 5.9 6.7 6A 5.4 3.9 2.6 2.0 51.0 Ventura 2.2 2.6 3.2 1 3.8 4.6 4.7 5.5 4.9 4.1 34 2.5 2.0 43.5 YOI O Bryte 0.9 1.7 3.3 5.0 6A 7,5 7.9 TO 52 3.5 1.6 1.0 51.0 _ Davis 4 1.0 1.9 3.3---5.0 6.4 7.6' 8.2 7.1 5.4 4.0 1.8 1.0 52.5 Esparta 1.0 1.7 3A 5.5 6.9 8A 8.5 7.5 5.8 4.2 2.0 1.2 55.8 Winters 1.7 1.7 2.9 4.4 5.8 7.1 7.9 61 1.3 3.3 1.6 L0 49.4 Woodland 1.0 1.8 32 43 6.1 7,7 82 72 SA 3.7 1.7 1.0 5L6 Zamora 1.1 1.9 3.5 5.2' 6.4 7.4 7.8 7.0 5.5 4.0 1.9 12 52.8 YUBA Browns Valley LO 1.7 3.1 4.7 6A 7.5 8.3 LI 52.9 Brownsville Ll 1.41 2.6 4.0 5.7 6.8 7.9 6.8 3.3 3.4 _ IS 0.9 _ 47.4 - i he vawes in tins tame were (terivea tram: 1) California Irrigation Management Information System (CIMIS); 2) Reference Evapol'muspvation Zones Map, UC Dept. of Land, Air & Water Resources and California Dept of Water Resources 1999, and 3) Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987).Bulletin 1922; 4) Determining Drily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Normal Resources (1987), Publication Leaflet 21426 HISTORY 2. RopederandnewAppendix A filed 9-15-2015; operative 9-15-2015.:Exempt 1. New Apptodix A filed 9-10-^_009; operativo 9-10-2009 pruwant to Govern• from OAL mview and submitledto DAL for gprin ing only Tus®t to Gover. meat Code sccnoa 11343.4 (Register 2009, No. 37). noes Execudve Order No. B-29-15 (4-1-2015) (Register 02 15, No. 38), Page,38.14(c) Regasr2015.Na 33; 9-18-'1115 E3-Pg 29 § 495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 Appendix B — Sample Water Efficient Landscape Worksheet. WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet Is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Reference Evapotranspiration (ETo) Hydrozono# /Planting Description' Plant Factor (pp) Irrigation Method° Irrigation Efficiency (IEf ETAF (PPAE) Landscape Area(sq, a,) ETAFx Ares Estimated Total Water Use (ETWU)° Regular Landscape Areas Totals (A) (B) Special Landscape Areas 1 1 1 Totals (C) (D) ETWU Total Maximum Allowed Water Allowance (MAWA) .Hydrozone #lPlangng Descripdon Eg 7.) front lawn 2.) fow water use plantings 3.) medrum water use ptaming °Irrigation Method elrrigarfon Efficiency overhead spray 075 for spray head or drip 0,61 for drip °MAWA (Annual Gallons Allowed) = (Efc) ( 0.62) ( (ETAF x LA) + ((1-E7AF9x SLA)J where 0.62 is a conversion factor that converts acre - inches per acre per year to gallons per square foot per year. to is the total landscape area in square feet, SLA is the total special landscape area in square feet, and ETAF is .55 for residential areas and 0,45 for non• residential areas. ETAF Calculations Regular Landscape Areas Total ETAF x Area (B) Total Area (A) Average ETAF g = q All Landscape Areas Total ETAF x Area (B+D) Total Area (A+C) Sitowide ETAF (B+D) + (A+C) °E7WU (Annual Gallons Required) _ Eta x 0, 62 x ETAF x Area where 0.62 is a conversion factor that converts acre - Inches per acre per year to gallons per square foot per year. Average ETAF for Regular Landscape Areas must be 0,55 or below for residential areas, and 0.45 or below for non-residential areas. HISTORY 2. Repeater andnew Appondix B fritd9-15-2015; operative 9-15-2015. Exempt L New Appdandix B filed 9-10 2009; operative 9-10-2009 pursuant to Govem- From OAL nrview and submitted to OAL for printing only pursuant to Govrn am Calu stL6m t 1343.4 (RegimT 2009, No. 37). nor's Executive Order No. B-29-15 (4-I-2015) (Register 2015, No. 38), Page 3814(d) E3—Pg 30 R,ist MIS,: n 78;9-18-2015 'Title 23 Department of Water Resources § 495 Appendix C — Sample Certificate of Completion. CERTIFICATE OF COMPLETION This certficate is filled out by the project applicant upon completion of the landscape project. PART 1. PROJECT INFORMATION SHEET Date Project Name Name of Project Applicant i Telephone No. Fax No. Title Email Address Company Street Address city Stale Zip Coda Project Address and Location: Street Address Parcel, tract or lot number. 6 available. city LalitudelLongitude (optional) State Zip Code Property Owner or his/her designee: Name Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Property Owner 9/we certify that I/we have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule' Property Owner Signature Date Please answer the questions below: 1. Date the Landscape Documentation Package was submitted to the local agency 2. Date the Landscape Documentation Package was approved by the Iccal agency 3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the total water purveyor Page 38.Id(e) ao one<zms,xo. 38; 9-18-:015 E3—Pg 31 495 BARC1.AYS CALIFORNIA CODE OF REGULATIONS Title 23 PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE DOCUMENTATION PACKAGE "Uwe certify that based upon periodic site observations, the work has been completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package." Signature* Date Name (print) Telephone No. Fax No. Title Email Address License No, err Certification No. Company I i Street Address Ci;y I State Zip Code `Signer of the landscape design plan, signer of the irrigation plan, or licensed landscape contractor. PART 3. IRRIGATION SCHEDULING Attach parameters for setting the irrigation schedule on controller per ordinance Section 492.10, PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11. PART S. LANDSCAPE IRRIGATION AUDIT REPORT Attach Landscape Irrigation Audit Report per ordinance Section 492.12. PART 6. SOIL MANAGEMENT REPORT Attach soil analysis report, if not previously submitted with the landscape Documentation Package per ordinance Section 492.6. Attach documentation verifying implementation of recommendations from soil analysis report per ordinance Section 492.6. HisToRY 2. Repealerandnow Appendix C lilcd9-I3-2015; operutiw 9-I5-N115. Etempt L New A pendix C tiled 9-10-2009; operative 9-10-2009 pursuant to Govern -from CAL review and submitted to OAL for printing atlypmmt toGove rceat Coda section 11343A (Register 2009, No. 37). noes Executive Order No. B-29-15 (4-1-2015) (Rxgister 2015, No. 39). Page 35.14(0 ere, 9-to-2ois E3—Pg 32 Title 23 Department of Water Resources § 497.2 Appendix D — Prescriptive Compliance Option. (a) This appendix contains prescriptive requirements which may be (6) For non-residential projects with landscape areas of 1,000 sq. ft. used as a compliance option to the Model Water Efficient Landscape Or- or more, a private submeter(s) to measure landscape water use shall be dinnnce. installed (b) Compliance with the following items is mandatory and must be (c) At the time of final inspection, the permit applicant must provide documented on a landscape plan in order to use the prescriptive com- the owner of the property with a certificate of completion, certificate of pliance option: installation, irrigation schedule and a schedule of landscape and irriga- (1) Submit a Landscape Documentation Package which includes the lion maintenance. following elements: Hurronv (A) date 1. New Appendix D filed 9-15-2015; operative 9-15-2015. Exempt from OAL (B) project applicant only pursuant to Governor's IIxecu- review and submitted to OAL for is, Order No. B-29-15 (C) project address (if available, parcel and/or lot number(s)) five (4-I-2015) (Register _015, No. 39). (D) total landscape area (square feet), including a breakdown of turf and plant material Chapter 2.7.1. Flood Protection Corridor (E) project type (e.g., new, rehabilitated, public, private, cemetcty, Program of the Costa -Machado Water Act of homeowner -installed) 2000 (F) watersupply type (e.g., potable, recycled, well) and identify the lo- cal retail water purveyor if the applicant is not served by a private well (G) contact information for the project applicant and property owner § 497.1. Scope. (H) applicant signature and date with statement, "I agree to comply (a) These regulations implement Sections 79035 through 79044. and with the requinmtentsoftheprescriptivecompliance option todroMWE- 79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Cade, 1.0". which Division is the Costa-Macbado Water Act of2000.They establish (2) incorporate compost atarate ofatleast fourcubic yards per l,000 a process for fardingacquisition ofproperty rights =itrelated activities square feet to a depth of six inches into landscape area (unless wntrn-in- for flood protection corridor projects undertaken by the Department of dicated by a soil test); Water Resources directly or through grants to local public agencies or (3) Plant material shall comply with all of the following; nonprofit organizations. (A)Forresidentialareas, install climate odaptedplantsthat require oc- (b) The Flood Protection Corridor Program is statewide in scope. casional little or no summer water (average WUCOLS plant factor 0.3) W ithin the geographic scope ofthe CALFED Bay-Dclut Program, funds far 75%of the plant area excluding edibles and areas using recycled wa- in the subaccount for this program shall be used for projects that, to the ter, For non-residential areas, install climate adapted plants that require greatest extent possible, are consistent with the CALFEDlong-tent/ plan occasional, little or ao summer water (average WUCOLS plant factor identified In the Programmatic Record of Decision of August 28, 2000. 0.3)for 100% ofthe plantarea excluding edibles andareas usingreeycled NOtr=,:Audroritycitd: Sections8300, 12580and79044.9, WaterCode;20WCal. water, Stst. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Star. Ch. 106, Item No. B Amindmumthree inch 3" la erofmulchshall be hedonall () ( ) Y PP 3360-001-0001'. Provision 3; and 2002 Cal. Star. Ch. 379, Item No. 3860-i01-6005. Reference: Sections 79037, 79043, 79044 and 79044.9, Water exposed soil surfaces of planting areas except in turf areas, creeping or Cade rooting groundcovers, ordirect seeding applications where mulch is con- Hisroicv traindicaunk 1.Newcha ter2.7.1(sectiom497.1-497.12 andsection filed 8-19-20W;o a- (4) Turf shall comply with all of the following: tive 8-19-2003 pursumt to Government a section 11343A (Register _003, No. 34). !Al Tnrr shall nnf. exeeevl 25"/ of the Inndmnm seen in revr'dential areas, and then: shall be no turf in non-residential areas; (B) Turf shall not be planted on sloped areas which exceed a slope of l fool vertical elevation change for every 4 feet of horizontal length; (C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enterand exit vehicles. Any turf in parkways must be irrigated by sub -surface irrigation or by other technology that creates no overapmy or runoff. (5) Irrigation systems shall comply with the following: (A) Automatic irrigation controllers are required and most use evapo- transpiration or soil moisture sensor data and utilize a rain sensor. (B) Irrigation controllers shall be of a type which does not lose pro- gramming data in the event the primary power source is interrupted. (C) Pressureregulatorssball be installed on the irrigation system to en- sure the dynamic pressure ofthe system is within the manufacturers rcc- ommended pressure range. (D) Manual shut-uffvalves (such as a gate valve, ball valve, orbutter- fly valve) shall be installed as close as possible to the point ofconnection of the water supply. (E) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABEACC 802-2014. "Landscape Irrigation Sprinkler andEmitter Standard;' All sprinklerheads installed iathe land- scnpe most document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABEACC 802-2014. (F) Areas less than ton (10) feet in width in any direction shall be hri- gated with subsurface irrigation or other means that produces no runoff or overspray. § 497.2. Definitions. The words used in this chapter have meanings set forth as follows: (a) "A List" means the preferred priority list of projects described in Section 497.6. (b) "Applicant" means an entity that is acting as the principal party making an application for funding underthe provisions of the Costa -Ma- chado Water Act of 2000. (c)"B Lisl means the mservepriorilylist ofprojcmdescribed inSec- tion 497.6. (d) "CEQA" means the California Environmental Quality Act, Public Resources Code Sections 21000 at seq. (e) "Department" means the California Department of Water Re- sources. (i) "Director" means the Director of the Department of Water Re- sources. (g) "FEMA" means the Federal Emergency Management Agency. (h) "Fully funded" with respect to a gruntpmject means funded to the full amount of the requested funds or to the funding limit, whichever is less. () "Grant application form" means the Department's faun entitled "Flood Protection Corridor Program Project Evaluation Criteria and Competitive Grant Application Form" dated April 9, 2003 and incorpo- rated herein by this reference. 6) "Local public agency" meats any political subdivision of the State of California, including but not limited to any county, city, city and county, dlstrict, joint powers agency, or council of governments. Page 38.14(g) E3-Pg 33 a4ner2ar3,N. 38; 9-19-201.4 § 497.3 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23 (k) "Milestone" means a time when a significant portion of a project is completed, as defined in the contract as a time for disbursement of grant funds. (4 "Nonprofit organization" means an organization thatdoes not oper- ate for profit and has no official governments] status, including but not limited to clubs, societies, neighborhood organizatlons, advisory coun- cils, conservation organizations and privately nun local community con- servation corps. (m) "Program" means the Flood Protection Corridor Program estab- lished by Water Code Division 26, Chapter 5, Article 2.5. (n) "Property interest" means any right in real property, including casement, feetitle, and anyotherkindofright acquired bylegally binding means. (o) "Project"means allplanning, engineering, acquisition ofmal prop - city interests, construction and related activities undertaken to imple- ment a discrete action undertaken under the program pursuant to Water Code Section 79037. (p) "Sponsor" means an applicant who has received grant funding through the application process described in these regulations. (q) "Subaecounl" means the Flood Protection Corridor Subaccount created by Water Code Section 79035(a). NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reter- ence: Sectons 79035, 70937. 79038(a) and 79,043, Water Code; and Sections 21000 et seq.; Public Resources Code. HISTORY 1. New section filed 11-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34). § 497.3. Program Management Process. The Department selects, approves, funds, and monitors projects funded by grants under the program. The process of managing the pm - grant includes these steps: (a) The Department shall appoint and maintain a Project Evaluation Team composed of Department staff and other consulting governmental agencies. The Departmen t may request consultation with any appropriate government agency, including but not limited to the Department of Con- servation, the Department ofFishand Game, the DepartmentofFood and Agriculture, the Office of Emergency Services, and the CALFED Bay- DeltaProgram. (b) Local public agencies or nonprofit organizations qualified order Section 497A may apply for program grants forprojects atsuch times as the Department may designate. Applications for proposed projects shall be submitted in response to a solicitation issued by the Department. As long as uncommitted funds remain available to fund new projects, The Department shall solicit proposals at least once per calendar year. The timeperiod forsubmining applications shall be 90 days from the date no- tice is given by the Department that projeetproposals are being solicited. Notices shall beprovided to cities, counties, floodcontrol districts, recta- mation districts, and other local government entities that manage flood plains and flood control projects. The Department will also provide no- tice to nonprofit organizations with interest in flood management issues, and shall send notice to all individuals and organizations that have re- quested notice of the opportunity to submit applications. Notices may be given by mail, electronic mail, webske posting, or my other method that provides easy access and prompt availability. Projects shall meet the re- quircmcros of Section 497.5. Applications shall meet the requirements of Section 497.7. (c) The Project Evaluation Team shall review each application and evaluate the subject project within 60 days of the close of the specified submittal period, or within 60 days ofreceipt of requested additional in- formation, whichever is later. (d) The Project Evaluation Team shall notify the Department to re- quest the applicant to provide additional information within 30 days of the Department's request if: (1) The project appearspotentially eligible but is missing information needed to evaluate the merits of the project, or (2) Additional information is needed to evaluate the merits oftheproj- ect in comparison to others received (a) If the requested additional information cannot be provided in 30 days, the applicammay refileits application with the additional informa- tion at the Department's next solicitation ofproposals. (f) When a proposal that meets minimum qualifications is complete and all requested additional information has been supplied, the Project Evaluation Team shall complete the evaluation of the project including recommending its place on a priority list as described in Section 497.6. (g) After each solicitation of proposals, Department start; using the evaluations and recommended priorities of the Project Evaluation Team, shall recommend projects, priority, and amounts perproject to be funded and submit the recommendations to the Director for approval ofthe prior- ity lists. Deportment staff may recommend: (The cextpage is 38,15.] Page 38.14(h) ft4w 201S,,V.39; 9-r a-20t5 E3-Pg 34 It's no puzzle why `escape room' adventures are so popular Q washingtonpost.com /lifestyle/style/its-no-puzzle-why-escape-room-adventures-are-so- popular/2015/01 /16i938370de-9b4f-11 e4-96cc-e858eba91 ced—story.html By Jessica Contrera Making a great escape After years of popularity in Asia, Western Europe and on the West Coast, escape rooms such as this one are popping up in major cities across the United States. Escape rooms appeal to people who seek video -game -style adventures with a real -life experience. You're Indiana Jones in the map room, positioning the Staff of Ra to reveal the secret location you've been searching for. You're Harry Potter in the TriWizard Tournament, and you must solve the sphinx's riddle in order to pass. You're the star of "National Treasure," and you've just found the red -and -blue glasses in the hidden brick, and now there's another message on the back of the Declaration of Independence. You're you, trapped in a D.C. basement, frantically searching for clues to root out the spy defector, and the authorities are coming, and time is running out and — "Do you want a hint?" The voice comes through the loudspeaker in the corner of the room, and you're shaken from the adrenaline -fueled mission that had you feeling like an adventure -movie hero. Then you remember you're in a setup. That you paid for. The name of the game is "Escape Room' — a literal description for a complicated endeavor. A team of people signs up to be locked in a room, and must find clues and solve puzzles to complete a given mission and find the key to escape. After taking off in Asia, Western Europe and the West Coast, these attractions are popping up across the country. In the D.C. area, one opened in College Park, Md. in May, another that opened in Glover Park in October is already expanding and a branch of a New York City room escape is set to open in Chinatown in late February. It could be just a fad. Or, in a world where screens are the dominant source of entertainment, it could be just the kind of shake-up people want. The escape room adventure in Glover Park starts with a descent into what was once a basement office, behind a Starbucks on Wisconsin Avenue. The room is packed with trendy, Pinterest-esque decor —chevron walls, barn wood, chalkboard art — a nod to the 20- to 30-something age group that escape rooms hope to attract. The spy theme is throughout, with accents of mustaches, maps and fedoras. The soundtrack sounds like it should be playing while James Bond orders a drink. Overall, Escape Room Live D.C. doesn't feel claustrophobic and creepy, as one might expect from a°basement adventure. The vibe is meant to be fun and cozy — as cozy as being locked in a room can be. Here's how it works: A group ranging from two to 12 people is briefed with the story line by the "gamemaster." They are spies breaking into the office of one of their co-workers, who is believed to be leaking information to the enemy. Tomorrow, this evil spy is going to drop off information in a secret location in the city. The mission is to find out where. But as they enter the room, they will trip the security system. The door locks behind them and they have 45 minutes to find the key before being "caught." 1 /3 EXHIBIT C E3—Pg 35 The timer is set, the rules (such as no breaking stuff and there are no clues inside the electrical outlets) are recited, the door is shut, then it's go time. The room (more chevron here) appears at first glance like a well -decorated office. Then, the group tears it apart, looking for clues. There are locked suitcases — where to find the combination? Books — will one contain a hidden message? Broken clocks — should you pay attention to the time it's stopped on? Mugs, flashlights, magnets, paintings, vases, sticky notes, watches, trench coats, wigs, compasses, lamps, board games, playing cards. And in them or on them or under them are clues and riddles and puzzles whose answers lead to a letter that means a number that points to another locked box, and now it's feeling like "National Treasure" again, and the dad character is saying, "And that will lead you to another clue, and another clue!" All the while, the clock is ticking. "It's hilarious to see how different groups handle the pressure," said Ginger Flasher, the owner of Escape Room Live D.C. She's a retired math teacher and her husband, Darren Sonnier, works in intelligence. They first tried an escape room while visiting Prague this past summer. By the end of their trip, they had completed five escape rooms all around Europe, and Flesher was determined to open one in the District. She and her employees have watched (via video monitor) hundreds of people tackle the game. During the week, her customers are typically co-workers using the room as an exercise in team -building. On the weekends, the groups are mostly friends, families or dates. She's had many birthday parties, a few bachelor and bachelorette parties, and is hoping to attract couples who want to use the room for baby gender -reveal parties. Congrats, you escaped!Also, it's a boys In the 12 weeks this escape room has been open, its reviews on Yelp and Tr!pAdvisor have been overwhelmingly positive. That's seemingly true for escape rooms in every city, regardless of who runs them. Frank Lantz, director of the NYU Game Center, points to similar computer -based escape games as the starting point for physical escape rooms. He believes their success is unsurprising, given current trends in gaming. And Sigmund Freud, obviously. "Freud has the concept of the repressed," Lantz said. "If you try to repress something that is a powerful force, it comes back in a stronger form." In this case, the powerful force is the human desire to play games that are both social and physical. Sports have always been this way, for example. "For a long time, video and computer games had become very solitary," Lantz said. "But now, we're seeing the emergence of the social and the physical." Video games like "Call of Duty" allowed players to talk to other gamers playing at the same time. Then came the in- credibly popular Wii, which was entirely about being physical while gaming. Today, video games are moving toward headsets that completely immerse the user in another world. Even games that are solitary, like "Minecraft," are commonly made social. Gamers live -stream themselves playing on Web sites such as Twitch.tv and post completed games on YouTube for others to watch and comment on. Escape rooms tap into that desire for the social and the physical while also providing intellectual stimulation and a bit of a thrill. Some rooms try to make the experience slightly scary, to add to the rush of the time crunch. "When we're just the right level of aroused — which can happen from fear, stress, anxiety, fun, at cetera — we perform better," said sociologist Margee Kerr, who is known for her work studying the effect of fear on the brain. "This is the well -tested finding that a little stress is good when doing something like taking a test or completing a challenge." Escape Room Live D.C. is set up so about 30 percent of participants can escape in time without help from the 2/3 E3—Pg 36 gamemaster. But most end up with the minutes ticking down, wigs and trench coats and puzzles scattered all over the floor, stuck on some clue that they can't figure out or don't know they got wrong — the perfect time, most find, to decide on an answer for, "Do you want a hint?" Escape Room Live D.C. Reservations only. 2300 Wisconsin Ave. NW, Suite G-102, Washington, D.C. Tickets: $22.40-$28. 800-616-4880. www.escaperoomlive.com. 313 E3—Pg 37 Escape Rooms Offer a New Take on Teambuilding ® successfulmeetings.com/News/Products-and-Services.!Escape-Rooms-Corporate-Teambuilding-Activity/ by Matt Alderton I September 09, 2016 Imagine you're locked in a small cell in a maximum -security prison. Instead of criminals, your fellow inmates are ten colleagues. Together you have 60 minutes to orchestrate a successful prison break. If you succeed, freedom and a cocktail are yours. This may sound like a strange work-themed nightmare, but it isn't a dream at all: It's the premise for one of several "escape room" games offered by SCRAP Entertainment Inc., the Japanese creator and operator of Real Escape Game live interactive puzzle events in San Francisco, San Jose, Los Angeles, and Toronto. Since 2012, the company has catered to gamers and puzzlers, but it also courts corporate groups in search of a unique teambuilding activity. "Our games are really great for [corporate groups] because they emphasize working together, communicating effectively, delegating tasks, and thinking creatively, which are strategies employees can use at work in the real world," says Private Event DirectorAlex Smith. Along with the aforementioned prison game -- "Escape From the Jail" in San Francisco -- SCRAP Entertainment's games include "Escape From the Submarine," also in San Francisco; "Escape From the Mysterious Room" in San Jose; "Escape From the Bank" in Los Angles; and "Escape From the Time Travel Lab" in San Jose, Los Angeles, and Toronto. Meanwhile, there are dozens of other, similar rooms operated by competitors in cities across North America, each with different themes and approaches. America's Escape Game has escape rooms in Orlando, for instance; Countdown Live Escape Games in Los Angeles and Las Vegas; and Great Room Escape in San Antonio; Denver; Chicago; Old San Juan, Puerto Rico; Layton, LIT, San Diego; and New York. Whatever the theme, operator, or location, the premise is the same: After receiving instructions, gameplay rules, and a vivid story setting the scene for the game to come, groups of four to 12 players are locked together in a room that is intricately decorated with themed furnishings, art, and props. Once the door is locked, teams have 60 minutes to "solve" the room by uncovering clues within their surroundings that lead them, eventually, to a hidden key that physically unlocks the door and sets them free. "Essentially, we're reinventing the old 'murder mystery' genre," says producer and partnerships lead Doc Preuss. Room escapes have a number of advantages compared to traditional teambuilding activities, according to Smith and Preuss. One is engagement. "We have a really intricate story base in our activities," Smith says. "Instead of just having you untie a bunch of 1!2 EXHIBIT ® E3—Pg 38 ropes or finish an obstacle course, we provide a story that you're actually integrated into. Your job is to complete that story with your coworkers — beginning, middle, and end — so you actually feel fulfilled at the end of your experience together." Another benefit is diversity. "We're active, but we're also cerebral," Preuss explains. "We design our games to engage a number of different personality and skill types so participants can look for ways to contribute will play to their strengths." Which leads to yet another asset: When everyone contributes, there are more opportunities for shared learning and bonding. "With everyone working toward the same goal, there's a lot of good decompression that can happen after the game," continues Preuss, who says corporate groups can host a session with a facilitator afterwards to talk about what happened during the game and analyze the skills it took to solve the room. "People can talk about their team's strategy and compare it to their coworker's team. Managers who are watching can see how people do and determine what lessons can be taken back to the office based on what they observed. And players can reflect on what they accomplished, or how they could have gone about things in a different way." Although most escape rooms are restricted to guests of a dozen or fewer people, SCRAP Entertainment has engineered a variation on the concept for large groups of 30 to 300 players. Called "Escape From the Werewolf Village," its large -format game can be played at stadiums, convention centers, or in companies' own conference rooms. Instead of being physically locked in a room, groups are divided into small teams that share a large event space simultaneously. Although there's no key to find, there's a story, a solution, and clues hidden around the space —just like there would be in a regular escape room. "Inside a room, your goal is to enter, solve a series of clues and puzzles, find an actual key, unlock the room, and escape. For our large-scale games, the goal isn't escaping a room; it's escaping a scenario," Smith says. "For example, in 'Escape From the Werewolf Village' you find yourself trapped in a village where there are nightly werewolf attacks; your goal is to metaphorically escape from the village by meeting certain objectives." Although solving the puzzle is a priority, the ultimate goal isn't winning the game: It's playing it. "We generally have an average success rate of only 10 to 15 percent, but 98 to 99 percent of people say they loved their experience regardless," Smith says. "It's about the experience, not whether you could escape or not," echoes Preuss, who says the most important takeaway for participants isn't a key, but rather a lesson. "If you have an educated guess in one of our games and you go for it, there's a good chance you'll be rewarded. Rewarding educated guesses and leaps of faith is something we actively promote because we want our players to see that they can accomplish anything — even if it might seem impossible." 212 E3—Pg 39 RESOLUTION NO.17-83 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2017-00726, MODIFYING PARKWAY LANDSCAPING REQUIREMENTS, MODIFYING CONDITIONALLY PERMITTED ZONES FOR INDOOR ENTERTAINMENT AND RECREATION USES AND ADOPTING THE STATE MODEL WATER EFFICIENT LANDSCAPING ORDINANCE A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00726, 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 September 27, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above -referenced public hearing on September 27, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City desires to adopt the following changes to Title 17 of the Municipal Code in order to (i) clarify landscape standards in residential parkways; (ii) formally adopt by reference the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zoning districts; and b. The changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Policy LU-10.3 promotes low water usage, and emphasizes fire -safe defensible space. By allowing turf alternatives in residential parkways, the amount of water needed in residential landscapes is reduced. General Plan Policy LU-10.1 promotes the implementation of the City's Water Efficiency Ordinance and encourages regular review and update. Adopting the State MWELO keeps the ordinance up to date with the latest in water use efficiency standards. General Plan Policy LU-3.2 encourages a mix of retail, service, industrial and manufacturing, and professional uses that create diverse, well -paying employment opportunities. Adding indoor entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow for new uses that are compatible with these zones; however, by allowing it only as a conditionally E3—Pg 40 PLANNING COMMISSION RESOLUTION NO.17-83 MUNICIPAL CODE AMENDMENT DRC2017-00726- CITY OF RANCHO CUCAMONGA September 27, 2017 Page 2 permitted use, the City will review each one proposed for suitability to avoid conflict with surrounding uses. 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amend the municipal code to (i) clarify standards for the use of turf alternative landscape materials in residential parkways; (ii) formally adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zones will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The proposed modifications to landscape standards in residential parkways and the revised MWELO will implement policies and procedures to ensure that water resources are conserved by reducing water consumption through the planning, designing, installing, maintaining and managing of water -efficient landscapes. The addition of indoor amusement and entertainment uses to the IP and GI zoning districts does not propose any physical change to the environment itself. The amendment only revises the land use regulation that applies to where indoor amusement and entertainment uses are allowed. It does not permit nor allow the construction of any new locations. Applications for indoor amusement and entertainment uses will be reviewed for CEQA compliance under a separate Conditional Use Permit application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site -specific project. On a case -by -case review of each project, the appropriate environmental document will be prepared to address project -specific impacts. Therefore, this project will not have a significant effect on the environment. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2017-00726 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 27TH DAY OF SEPTEMBER 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA MIN ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary E3—Pg 41 PLANNING COMMISSION RESOLUTION NO.17-83 MUNICIPAL CODE AMENDMENT DRC2017-00726- CITY OF RANCHO CUCAMONGA September 27, 2017 Page 3 I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of September 2017, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: E3—Pg 42 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE MODIFYING PARKWAY LANDSCAPING REQUIREMENTS, ADOPTING THE STATE MODEL WATER EFFICIENT LANDSCAPING ORDINANCE, AND MODIFYING CONDITIONALLY PERMITTED ZONES FOR INDOOR ENTERTAINMENT AND AMUSEMENT USES, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017- 00726, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Municipal Code Amendment is referred to as "the application". 2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Municipal Code Amendment and, following the conclusion thereof, adopted its Resolution No. 07-83, recommending that the City Council of the City of Rancho Cucamonga adopt said Ordinance. 3. On October 18, 2017, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above -referenced public hearing on October 18, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to adopt the following changes to Title 17 of the Municipal code in order to (i) clarify landscape standards in residential parkways; (ii) formally adopt by reference the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IF and GI zoning districts; and b. The changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Policy LU-10.3 promotes low water usage, and emphasizes fire -safe defensible space. By allowing turf alternatives in residential parkways, the amount of water needed in residential landscapes is reduced. General Plan Policy LU-10.1 promotes the implementation of the City's Water Efficiency Ordinance and encourages regular review and update. Adopting the State Ordinance No. xxx — Page 1 of 4 ATTACHMENT A E3—Pg43 MWELO keeps the ordinance up to date with the latest in water use efficiency standards. General Plan Policy LU-3.2 encourages a mix of retail, service, industrial and manufacturing, and professional uses that create diverse, well -paying employment opportunities. Adding indoor entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow for new uses that are compatible with these zones; however, by allowing it only as a conditionally permitted use, the City will review each one proposed for suitability to avoid conflict with surrounding uses; and C. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the project, to amend the municipal code to (i) clarify standards for the use of turf alternative landscape materials in residential parkways; (ii) formally adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses within IP and GI zones will have a significant effect on the environment. The project will not result in a permanent alteration of property nor the construction of any new or expanded structures. The proposed modifications to landscape standards in residential parkways and the revised MWELO will implement policies and procedures to ensure that water resources are conserved by reducing water consumption through the planning, designing, installing, maintaining and managing of water -efficient landscapes. The addition of indoor amusement and entertainment uses to the IP and GI zoning districts does not propose any physical change to the environment itself. The amendment only revises the land use regulation that applies to where indoor amusement and entertainment uses are allowed. It does not permit nor allow the construction of any new locations. Applications for indoor amusement and entertainment uses will be reviewed for CEQA compliance under a separate Conditional Use Permit application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site -specific project. On a case -by -case review of each project, the appropriate environmental document will be prepared to address project -specific impacts. Therefore, this project will not have a significant effect on the environment. SECTION 3: Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and permit requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17 (Development Code) is hereby amended as follows: TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/ Zoning District VL L LM M MH H MU OP NC GC CC SC RRC CO IP GI MI/HI HI OS HR FC UC Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses Indoor Amusement/ Entertainment N N N N N N C N C C P P P N C C N N N N N N Facility Ordinance No. xxx — Page 2 of 4 E3—Pg 44 SECTION 4: Section 17.32.020(C)(7) of Chapter 17.32 (Allowed Use Descriptions) of Title 17 (Development Code), is hereby amended as follows: 7. Indoor amusement/entertainment facility. An establishment providing amusement and entertainment services in an indoor facility for a fee or admission charge, including but not limited to, dance halls, ballrooms, bowling alleys, ice skating, roller skating, laser tag, rock climbing, inflatable playgrounds, trampoline parks, escape room venues and electronic game arcades, as primary uses. Four or more electronic games or coin -operated amusements in any establishment, or premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an amusement device arcade as described above; three or less machines are not considered a land use separate from the primary use of the site. SECTION 5: Section 17.56.070(D) of Chapter 17.56 (Landscaping Standards) of Title 17 (Development Code), is hereby added as follows: D. Parkway Landscaping. Permitted parkway groundcover landscaping materials and methods for residential lots are listed below: 1. Low water use plants, excluding cactus, roses and all other plants that contain sharp, pointed and thorn type plant structures. Plants shall not exceed a height of 18 inches at maturity. 2. Low water use turf alternatives (i.e. groundcovers and grasses). 3. Synthetic turf, provided it meets the requirements of 17.56.050. 4. Decomposed Granite, provided it is installed with a stabilizer in accordance with City Standards. 5. Gravel may be used as ground cover only if it is'/" in size (i.e. crushed stone) and is not smooth (i.e. pea gravel or river rock). 6. Mulch or bark may be used as a ground cover. 7. Mulch, bark or gravel must be installed just below the curb, to prevent migration of material to the sidewalk or street. S. The installation of turf alternatives shall not cause negative impact to existing trees within the parkway. A tree root protection zone of five to six feet from the trunk shall be maintained at all times. 9. All trees within the parkway shall be irrigated properly to ensure the life of the tree. SECTION 6: Chapter 17.82 (Water Efficient Landscaping) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and replaced as follows: "CHAPTER 17.82 WATER EFFICIENT LANSCAPING Section 17.82.010: Purpose. Section 17.82.020: State Model Water Efficient Landscape Ordinance. 17.94.010 Purpose. The purpose of this chapter is to ensure the design, installation and maintenance of landscapes in the City meet the requirements of the State of California's Model Water Efficient Landscape Ordinance (MWELO). Ordinance No. xxx — Page 3 of 4 E3—Pg 45 17.94.020 State Model Water Efficient Landscape Ordinance A. The City adopts the State of California's MWELO, which is found in Sections 490-495 of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations." SECTION 7. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. xxx — Page 4 of 4 E3—Pg 46 •*����� CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 27, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City PlannecCw INITIATED BY: Dat Tran, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00695 — RANCHO CUCAMONGA PROPERTIES, LLC - A request for site plan and architectural review of two industrial buildings totaling 150,003 square feet on two separate parcels totaling 7.52 acres of land, located north of 8th Street and west of Industrial Lane in the General Industrial (GI) District; APNs: 0209-032- 28 & 0209-032-29. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration of environmental impacts for the project and approve Design Review DRC2016-00695 through adoption of the attached Resolution. BACKGROUND: The project site consists of two vacant parcels located on opposite sides of the future right-of-way extension for Feron Boulevard. Parcel 1 is a 3.12 acre parcel located to the north of Feron Boulevard. Conditional Use Permit CUP99-31 was approved in September 1999 and allowed for the operation of a vehicle storage/impound yard on Parcel 1 for up to 5 years. The vehicle storage/impound yard has subsequently been removed from Parcel 1 and the site is now vacant. Parcel 2 is a 4.40-acre parcel located to the south of Feron Boulevard. Parcel 2 is also vacant with the exception of a Sprint monopalm wireless facility located at the northeast corner of the site. The Sprint wireless facility was approved under Minor Development Review DRC2006-00814 in January 2007, which allowed buildout of a 216 square foot enclosure area around a 67-foot high monopalm structure. The project was scheduled for review and consideration by the Planning Commission on April 12, 2017. Because of outstanding issues raised during the CEQA circulation period, the Planning Commission granted the request for a continuance to a date unspecific. PROJECT AND SITE DESCRIPTION: A. Floor Area Ratio: Parcel 1: Floor Area Ratio — 0.52 Parcel 2: Floor Area Ratio — 0.45 E4—Pg 1 PLANNING COMMISSION STAFF REPORT DRC2017-00695 — RANCHO CUCAMONGA PROPERTIES, LLC September 27, 2017 Page 2 B. Surrounding Land Use and Zoning: North - General Industrial (GI) — Industrial/Warehouse Building South - General Industrial (GI) — Metrolink Rail Line East - General Industrial (GI) — Industrial/Warehouse Building West - General Industrial (GI) — Industrial/Warehouse Building C. General Plan Designations: North - General Industrial South - Metrolink Rail Line East - General Industrial West - General Industrial D. Site Characteristics: The combined site is a flat, rectangular -shaped parcel north of 8th Street and west of Industrial Lane. Feron Boulevard meanders from east -to -west and bisects the site into Parcels 1 and 2. A 0.64-acre rectangular drainage basin is located along the southern properly line of Parcel 2. The basin is between 15-20 feet below the adjacent grade and will be maintained for site drainage. The site is unimproved other than the Sprint wireless facility at the northeast corner of Parcel 2 and contains no other features of interest. Parking Calculations: Type of Use Square Footage Parking Ratio Number of Spaces Required Number of Spaces Provided Parcel 1 Office 5,000 1/250 20 20 Warehouse 20,000 1/1000 20 20 20,000 1 /2000 10 10 - 19,509 114000 5 6 Total 64,509 55 56 Parcel 2 Office 5,000 1/250 20 20 Warehouse 20,000 1/1000 20 20 20,000 1/2000 10 10 40,494 1/4000 11 16 Total 85,494 61 66 E4—Pg 2 PLANNING COMMISSION STAFF REPORT DRC2017-00695 — RANCHO CUCAMONGA PROPERTIES, LLC September 27, 2017 Page 3 ANALYSIS: A. General: The applicant is proposing to construct two, one-story industrial warehouse buildings with a mezzanine in each building. The project is on two separate adjacent parcels totaling 7.52 acres of land located north of 8th Street and west of Industrial Lane. Parcel 1 is 3.12 acres and will be improved with a 64,509-square foot warehouse building. Parcel 2 is 4.40 acres and will be improved with an 85,494-square foot warehouse building of a similar design. Both parcels are currently vacant of any improvements, except for a Sprint monopalm wireless facility located at the northeast corner of Parcel 2. Parcel 2 also contains a 0.64- acre drainage basin at the rear of the site. No improvements are proposed in the basin area with the exception of landscaping. Feron Boulevard will be extended east -to -west and will bifurcate the two parcels. Both parcels will take access via proposed driveways along Feron Boulevard. The project site is immediately adjacent to industrial/warehousing facilities of similar scale to the north, west and east of the project. The site is bounded by the Metrolink railway line along the southern boundary. Each industrial warehouse building consists of 2,500 square feet of office space on the first floor and 2,500 square feet of office space on a mezzanine, totaling 5,000 square feet. The remaining square footage for each building, 59,509 square feet for the building on Parcel 1 and 80,494 square feet for the building on Parcel 2, will consist of warehouse space. All warehouse spaces will be located on the ground floor. The buildings are substantially_ unimproved on the interior and will be improved when a tenant occupies the space. Both buildings consist of visually -interesting fagades which meet the City's 360-degree design standards. The building fagades incorporate a variety of materials, including sandblasted concrete, brick, metal, and vision and spandrel glass, thereby meeting the City's design standards for industrial developments. Both parcels meet -the City's Development Standards for parking, landscaping, building heights and all associated setbacks. Two driveways are proposed for each parcel. One driveway leads into the primary parking area along the side of each building and one leads to a smaller parking area to the front of each building. A total of 56 parking spaces are proposed for Parcel 1, which exceeds the minimum requirement of 55 required parking spaces. A total of 66 parking spaces are proposed for Parcel 2, which exceeds the minimum requirement of 60 required parking spaces. In total, 122 parking spaces are provided for both parcels. The project also includes 16 trailer parking spaces for the 6 dock doors on Building 1 and the 10 dock doors on Building 2. The project complies with all setback requirements, maintaining a minimum 25-foot setback along the front property line and a 5- foot setback along the side property line. Building height at the front setback is 35 feet and up to 42 feet closer to the rear of the building. The Development Code limits the height of the building to 35 feet at the front setback line and allows for increased heights of up to 75 feet as the site extends towards the rear property line. The floor area ratio is 0.52 and 0.45 for Parcels 1 and 2, respectively, below the 0.60 maximum permitted. Landscaping coverage is 10% and 10.3% for Parcels 1 and 2, respectively, which meets or exceeds the minimum 10% of landscaping required. E4—Pg 3 PLANNING COMMISSION STAFF REPORT DRC2017-00695 — RANCHO CUCAMONGA PROPERTIES, LLC September 27, 2017 Page 4 Landscaping depth along the front setback exceeds the minimum requirement of 25 feet, and includes a variety of trees and shrubs to screen all mechanical equipment and the face of the building. A 500-square foot employee break area is provided at each site, which meets the minimum requirement of 500 square feet. Both sites include proposed wrought -iron fencing with mesh screening where appropriate to screen the dock areas from public view. AB52 Tribal Consultation: In accordance with AB52, staff contacted the San Gabriel Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the Soboba Band of Luiseno Indians and the San Manuel Band of Mission Indians to determine interest in engaging in consultation related to the potential impact to cultural resources as result of the project. The San Manuel Band of Mission Indians contacted the City via email (dated March 8, 2017) and declined the invitation to consult on the project. The San Manuel Band of Mission Indians, however, did request that a copy of the Phase 1 Cultural Resources Assessment for the project be submitted to their Cultural Resources Department, and for the project to include a number of mitigations to ensure that no impacts would occur to cultural resources related to earth moving activities during the construction of the project. Staff received no comments from the other tribes. Staff mailed a copy of the Phase 1 Cultural Resources Assessment (Brian F. Smith & Associates, August 2016) to the San Manuel Band of Mission Indians on August 20, 2017. The assessment concluded that no impacts would occur to cultural resources related to earth moving activities during the construction of the project. A mitigation measure is included in the Mitigation Monitoring Plan requiring that an experienced and certified archaeologist/paleontologist be on site in the event that cultural resources are encountered before or during grading. The mitigation measure ensures that monitoring activities are established to prevent impacts on cultural resources. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQK) and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. CEQA Guidelines require that the Initial Study review 18 separate environmental factors, ranging from aesthetics to utilities/service systems, where the project may have an impact on the environment. CEQA Guidelines also require that the cumulative impacts when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects be evaluated. The Initial Study for the proposed project concludes that the proposed project would have no impacts to the City's agricultural and mineral resources, recreational resources, public services, traffic conditions, housing, or to existing land use policies. The Initial Study does find that there would be less than significant impacts to aesthetics and utilities/service systems, and less than significant with mitigation incorporated impacts to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards & waste materials, water quality and cumulative effects. Based on the findings contained in that Initial Study, City staff determined that with the inclusion of mitigation measures any potentially significant impacts would be mitigated to less than significant. A Mitigation Monitoring Program had also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. Based on preparation of the Initial Study, a Mitigated Negative Declaration was prepared. E4—Pg 4 PLANNING COMMISSION STAFF REPORT DRC2017-00695 — RANCHO CUCAMONGA PROPERTIES, LLC September 27, 2017 Page 5 Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. During the public comment period, staff received comments from a number of public agencies regarding the Mitigated Negative Declaration. Staff received a letter (dated March 28, 2017) from the Department of Toxic Substances (DTSC) in response to the Phase I Environmental Site Assessment Report provided by the applicant for the Initial Study. The letter details concerns of soil contamination issues, including the potential presence of lead, pesticides, polychlorinated biphenyls (PCBs), and oil stains onsite. Staff also received an email (dated March 31, 2017) from the Southern California Air Quality Management District (SCAQMD) requesting all technical documentations regarding the Air Quality Assessment report provided by the applicant. SCAQMD sent staff a formal letter (dated April 12, 2017) expressing their concerns with the methodology of the air quality assessment. Lastly, staff received a letter from the San Manuel Band of Mission Indians (dated March 8, 2017) and the Native Heritage Commission (dated April 4, 2017) expressing concern that a Tribal Cultural Resources Section was not added to the Initial Study and that the existing Cultural Resources Section's mitigation measures were not appropriate for tribal cultural resource preservation needs. Staff attempted to resolve all concerns related to the comments received prior to the Planning Commission meeting. However, staff ultimately determined that additional review time was needed given the number and scope of public agency comments. Staff requested a continuance to a date unspecified at the Planning Commission meeting on April 12, 2017. After requesting the continuance, staff received an email form the Southern California Regional Rail Authority (SCRRA) (dated May 8, 2017) expressing a number of concerns regarding the need to secure the right-of-way access of the Metrolink rail line running along the southern boundary of the site. Following the Planning Commission on April 12, 2017, staff worked with the various public agencies to resolve remaining concerns. Staff incorporated the Tribal Cultural Resources Section into the Initial Study and included all of the requested mitigation measures from the San Manuel Band of Mission Indians into the attached Resolution. Staff also directed the applicant to work with the DTSC and the SCAQMD to resolve their concerns. The applicant conducted a Limited Asbestos Inspection (dated April 28, 2017) and a Near -Surface Soil Assessment (dated May 23, 2017) to address all concerns from DTSC. DTSC declined to review the reports, citing the fact that they cannot conduct a review of reports outside of their formal submittal procedures. Staff discovered that DTSC's formal submittal process could take up to a year to complete. After consultation with DTSC, staff received approval from DTSC to conduct a review of both studies and determine whether they addressed the concerns raised. Staff reviewed the two reports provided by the applicant and determined that the studies addressed the concerns from DTSC. With SCAQMD, the applicant corrected their methodology and resubmitted the report for review. SCAQMD approved the new Air Quality Assessment report (dated July 2017) which resolved SCAQMD's concerns. With respect to the concerns raised by SCRRA, the applicant provided SCRRA with details of the proposed mesh wrought -iron fence along the rear property line. SCRRA reviewed the fence and granted the applicant their approval. E4—Pg 5 PLANNING COMMISSION STAFF REPORT DRC2017-00695 — RANCHO CUCAMONGA PROPERTIES, LLC September 27, 2017 Page 6 Following approval from all agencies, the applicant proposed removal of mitigation measures 3 & 4 from the Biological Resources section in the existing Mitigated Negative Declaration. The proposed mitigation measures require the applicant to consult with the Army Corps of Engineers and the California Department of Fish and Wildlife (CDFW) to determine whether modification of onsite conveyance ditches and basin would require a permit from either agency. The applicant provided staff with a Preliminary Delineation Determination report (dated April 19, 2017) that stated that the Army Corps of Engineers and CDFW had no jurisdiction over the site conveyance ditches and basin. The report concluded that no permits would be required. Staff removed the two mitigation measures and recirculated the Mitigated Negative Declaration pursuant to CEQA Guidelines Section 15073.5 on August 14, 2017. Having resolved all issues of concern from all public agencies, staff docketed the project for review and consideration by the Planning Commission. FISCAL IMPACT: The location of the project is currently vacant, with the exception of the Sprint monopalm, and provides approximately $50 annually via property taxes to the City. Development of this parcel as proposed is estimated to increase the City's share of property taxes to approximately $6,050 annually. Upon occupancy of the building by a tenant, the City will also collect an annual business license fee. The Business License fee varies from business to business and can range from $23 to a maximum of $1,000. The proposed project will also generate a one-time impact fee for drainage and traffic improvements, and for police services. Impact fees are intended to offset services from the increased development. Fee rates are established by the Development Impact Fee Study. The operation of a warehouse at this location will increase the number of jobs in the City, creating income for residents and supporting a retail sector generating sales tax in other parts of the City. COUNCIL GOAL(S) ADDRESSED: MID AND LONG RANGE PLANNING One of the City's Council goals is to revitalize uses. The proposed industrial building will in -fill existing industrial area along Feron Boulevar building will permit the area to develop as a G General Plan and Development Code. CORRESPONDENCE: d underutilized areas and enhance industrial land a vacant, underutilized parcel and enhance the north of 8th Street. Approval of the proposed eneral Industrial (GI) District as specified in the This item was initially 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 on March 7, 2017. Staff received a letter (dated April 10, 2017) from a neighboring property owner, David R. Moore of Moore Electric Incorporated. Mr. Moore expressed concern that the large size of the facility would generate excess truck traffic on 9th Street and at nearby intersections. Staff contacted Mr. Moore to discuss his concerns. Staff explained to Mr. Moore that the General Plan designates the project site and surrounding land uses on Feron Boulevard and nearby intersections as a General Industrial (GI) District. Land uses allowed within the General Industrial (GI) District include manufacturing and warehouse uses that generate truck traffic. Staff also explained that Traffic Impact Analysis (Translutions, Inc., July 27, 2016) analyzed the nearby intersections at Industrial Lane/Feron Boulevard, Industrial Lane/9th Street and E4—Pg 6 PLANNING COMMISSION STAFF REPORT DRC2017-00695 — RANCHO CUCAMONGA PROPERTIES, LLC September 27, 2017 Page 7 Archibald/9th Street and found that the level of service is expected to be nearly identical with or without the project by Year 2040, with the exception of drop from service level C to service level D at the Archibald Avenue/9th Street intersection during the P.M. peak hour. Lastly, staff also encouraged the applicant to consult with Mr. Moore. Mr. Moore sent a second letter (dated July 11, 2017) addressed to the Planning Commission and City Council. In the letter, Mr. Moore restates concern that 9th Street is not designed for large trucks and requests that the funds from the proposed project be used to widen nearby intersections along 9th Street. Staff forwarded the letter (Exhibit M).to the Planning Commission and City Council along with a memorandum (Exhibit N) to provide context for the letter. The item was re -advertised as a public hearing on August 21, 2017 for the September 27, 2017 Planning Commission meeting. Similar to the public noticing of the Planning Commission meeting on April 12, 2017, a public hearing was advertised 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. Staff also directly contacted Mr. Moore to invite him to the advertised meeting. EXHIBITS: Exhibit A - Location Map Exhibit B - Site Aerial Photograph Exhibit C - Site Utilization Map Exhibit D - Site Plan Exhibit E - Conceptual Grading Plan Exhibit F - Floor Plans Exhibit G - Roof Plans Exhibit H - Building Sections Exhibit I - Building Elevations Exhibit J - Landscape Plan Exhibit K - Design Review Committee Action Comments (February 14, 2016) Exhibit L - Initial Study Part I, II & III Exhibit M - Correspondence dated April 10 and July 11, 2017 from Mr. David Moore Exhibit N - Memorandum dated August 24, 2017 Draft Resolution of Approval for Design Review DRC2016-00294 CB:DT/Is E4—Pg 7 O L :n C E w L I� I Archibald Ave 0 rn ' E O O V W J U l N L d u C T O w Q N CL Cu N C) m U p: O Q (U E a U J c « N a p00 v 00 a m i .N 41 Pine Crest PI w u U O E v m � p m o M � N � X W � � N Gl v p � LL 0 m Industrial Ln Helrrs Ave a >•a O «J o N � � Q O o c L ar u mr > W m � Y Hellman Ave m O Q� LL Archibald Ave ) N 0 d N c o o p u r` ' U a Y J r U m o Industrial Ln u a 0 0 a 1l elms Ave u �2 L o a 0 L G K Onyx Ave P` [ielmo L Eo- Archit N L y CV � O� v m 0 Ca a c 0 N Tj %1 u N Hellman Ave m Hellman w EXHIBIT A E4-Pg 8 EXHIBIT B E4-Pg 9 C-Amo11 V E4-Pg 10 (W EXHIBIT D E4-Pg 11 b�+ deer bbb 2m SIP n@ 85 g e 3 c a c a e m � tl9CYG]bale39LYEgY ns m i� € �w•a-5 3 � � � 4 EXHIBIT E Ee / It � �iseY �Yei _ ➢ a p� � ➢ 6 � a A �5,¢ Jill _ 7pg`'e 9 a• t "`" EI § i a> ap7g ty ' �5{ ➢ Pgg� ��� �sY.➢e+ �,�� Y'. 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BUILDING ] NORTWSOUTH 2 CROSSSEOTION 118' • M1O" EXHIBIT H E4-Pg 16 EXHIBIT I W mp F WFp s9g J�=N N� U?U %na mt�U3 �UU maw ¢QtV> K2QHU ❑boa no no so0, Rff1�J KCQ 6!w. zlow w O w_ DKO ❑wULL UwUG OwU_ z O Q W J W w O J O U O z 0 J_ M U 00 W F z N O N O N WQ W U p z O Oz ^ o W U N � J z ' J_ c < [0 ox E4-Pg 17 Y U U > p0 � SNm mQ JNO ggV w �0� Qw ¢Oz f WSJ QZZ -L Z30 m KZd.O mQU KUH j2 w�yQj' z2 UU U ✓—id m'U'U3 NV I pnwz eaep <n w'a p0¢ �ppU Wm�Z Z 4t'pO�w 2W�O Zw�4U DtU2 OwUOU—. �WU> ea z d T g 9 m Z 0 Q W J W w 0 J 0 U N z O J_ 5 Q Co U W 0 F z U 0 z 2 � U W U- U 002� LL U N ZZ� m LL O II E4-Pg 18 mmmmmmm� ms�■ mmmmmmmmmm� m� mmmmmmmmmm m® mm� m EXHIBIT J a x II�mi E ,l n i a,f M.f ii�xZ i�,F �31i { � a�6, i 111 a'I ,i � i ii�jlj(;( 36; ii;� ! i� ea a a;is cr• ;;,;1 If � laaaih ia�'��Iiilllii ,a l!`�!!�ia a afll• !!!! f x�lifel fili�ai i� �i6 + , , � is ii� F;I9ia# � a hl I �1 i7�9 � t;s:,��!llt � ifs HIE aajA 'f3 es {e �SSI '4 y C LL E4—Pg 19 DESIGN REVIEW COMMENTS 7:00 p.m. Dat Tran February 14, 2017 ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00695 - RANCHO CUCAMONGA PROPERTIES, LLC - A request for site plan and architectural review of two industrial buildings totaling 150,003 square feet on two separate parcels totaling 7.52 acres of land, located north of 8th Street and west of Industrial Lane in the General Industrial (GI) District; APNs: 0209-032-28 & 0209-032-29. Proiect Overview: The applicant is proposing to construct two, one-story industrial warehouse buildings with mezzanine on two separate adjacent parcels totaling 7.52 acres of land located north of 8th Street and west of Industrial Lane. Parcel 1 is 3.12 acres and will be improved with a 64,509 square foot warehouse building. Parcel 2 is 4.40 acres and will be improved with an 85,494 square foot warehouse building of a similar design. Both parcels are currently vacant of any improvements, except for a Sprint monopalm wireless facility located at the northeast corner of Parcel 2. Parcel 2 also contains a 0.64 acre drainage basin at the rear of the site. No improvements are proposed in the basin area with the exception of landscaping. Feron Boulevard will be extended to run east -to -west and will bifurcate the two parcels. Both parcels will take access via proposed driveways along Feron Boulevard. The project site is immediately adjacent to industrial/warehousing facilities of similar scale to the north, west and east of the project. The site is bounded by the Metrolink railway line along the southern boundary. Each industrial warehouse building consists of 2,500 square feet of office space on the first floor and 2,500 square feet of office space on a mezzanine, totaling 5,000 square feet. The remaining square footage for each building will consist of warehouse space. All warehouse spaces will be located on the ground floor. The buildings are substantially unimproved on the interior and will be improved when a tenant occupies the space. Both building consists of visually -interesting fagades which meet the City's 360-degree design standards. The buildings' fagade incorporate a variety of materials, including sandblasted concrete, brick, metal, and vision and spandrel glass, thereby meeting the City's design standards for industrial developments. Both parcels meet the City's Development Standards for parking, landscaping, building heights and all associated setbacks. Two driveways are proposed for each parcel. One driveway leads into the primary parking area along the side of each building and one leads to a smaller parking area to the front of each building. A total of 56 parking spaces are proposed for Parcel 1, which exceeds the minimum requirement of 55 required parking spaces. A total of 66 parking spaces are proposed for Parcel 2, which exceeds the minimum requirement of 60 required parking spaces. In total, 122 parking spaces are provided. The project also includes 16 trailer parking spaces for the 6 dock doors on Building 1 and the 10 dock doors on Building 2. The project complies with all setback requirements, maintaining a minimum 25-foot setback along the front property line and a 5-foot setback along the side property line. Building height at the front setback is 35 feet and up to 42 feet closer to the rear of the building. The Development Code limits the height of the building to 35 feet at the front setback line and allows for increased heights of up to 75 feet as the site extends towards the rear property line. EXHIBIT K E4—Pg 20 DRC COMMENTS DRC2016-00695 — RANCHO CUCAMONGA PROPERTIES, LLC FEBRUARY 14, 2016 Page 2 The floor area ratio is 0.50 and 0.43 for Parcels 1 and 2, respectively, below the 0.60 maximum permitted. Landscaping coverage is 10% and 10.3% for Parcels 1 and 2, respectively, which meets or exceeds the minimum 10% of landscaping required. Landscaping depth along the front setback exceeds the minimum requirement of 25 feet, and includes a variety of trees and shrubs to screen all mechanical equipment and the face of the building. A 500 square foot employee break area is provided at the front of the site, which meets the minimum requirement of 500 square feet. Both sites include proposed wrought -iron fencing with mesh screening where appropriate to screen the dock areas from public view. Staff Comments: Major Issues: None. Staff supports the proposed site layout and overall design of the proposed project. The project is well -integrated into the existing parcels and provides adequate parking and access to Feron Boulevard. Landscaping is provided to adequately screen the site from the public right-of-way, reducing any visual impact upon public roadways. The building itself consists of visually -interesting fagades which meet the City's 360-degree design standards. The building fagade incorporates a variety of materials, including sandblasted concrete, brick, metal, vision and spandrel glass, thereby meeting the City's design standards for industrial developments. Secondary Issues: 1. None Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 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 Double Detector Checks (DDC) and Fire Department Connections (FDC) shall be screened behind a 4-foot high block wall. These walls shall be constructed of similar material used on -site to match the building. 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. Tables, chairs/benches, and waste receptacles shall be provided. E4—Pg 21 DRC COMMENTS DRC2016-00695 — RANCHO CUCAMONGA PROPERTIES, LLC FEBRUARY 14, 2016 Page 3 4. All wrought iron fences and sliding gates shall be painted black or similarly dark color. 5. All walls, including retaining walls, exposed to public view shall be constructed of decorative masonry blocks, i.e., slump stone, split -face, or have a decorative finish such as stucco texture to match a concrete tilt up wall. 6. All dock doors shall be painted to match the main color of the building. Staff Recommendation: Staff recommends that the project move forward to the Planning Commission for final review and action. Design Review Committee Action: No comments were raised at the meeting. Project was approved as presented and forwarded to Planning Commission. Staff Planner: Dat Tran, Assistant Planner Members Present: Commissioner, Rich Macias; Commissioner, Lou Munoz Additional Staff Present: Mike Smith, Senior Planner (substituting for Senior Planner, Donald Granger) E4—Pg 22 Print Form ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) RANCHO (Please type or print clearly using ink. Use the tab key to move fromone line to the next line.) C,UCAMONGA Planning Department (909) 477-2750 The purpose of this form is to inform the City of the basic components of the proposed projectso that the City may reviewthe project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. Upon review of the completed Initial Study Part I and the development application, additional information such as, but not limited to, traffic, noise, biological, drainage, and geological reports may be required. The project application will not be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Part II as required by CEQA. In addition to the filing fee, the applicant will be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, analysis, recommendations, mitigations, etc., of any special studies or reports. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that itisthe responsibility ofthe applicant toensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: Project Title: Feron Street Industrial Buildings Name & Address of project owner(s): Cucamonga Industrial Center, Inc. c/o The Renken Company Attention: Kelly Arft 429 W. Foothill Blvd, Claremont, CA 91711 Name & Address of developer or project sponsor. - Bill Fox 450 E Foothill Blvd, Pomona, CA 91767 Email: bfox@williamfoxgroup.com EXHIBIT L Pagel of 10 E4—Pg 23 Contact Person & Address: Bill Fox 450 E Foothill Blvd, Pomona, CA 91767 Name & Address of person preparing this form (if different from above): Bill Fox 450 E Foothill Blvd, Pomona, CA 91767 Telephone Number: (909) 920-9962 Ext. 230 Cell: (951) 533-8130 Information indicated by an asterisk (') is not required of non -construction CUP's unless otherwise requested by staff. '1) Provide a full scale (8-112 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that serve the site; and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): APN 0209-032-28 & 0209-032-29 located on Feron Blvd in Rancho Cucamonga aka 9500 & 9501 Feron Blvd Rancho Cucamonga, CA 4) Assessors Parcel Numbers (attach additional sheet if necessary): 0209-032-28 & 0209-032-29 '5) Gross Site Area (ac/sq. ft.): 327,571 SF '6) Net Site Area (total site size minus area of public streets, & proposed dedications).` 327,571 SF (Dedications are taken) 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): none Updated 4/11/2013 Page 2 of 10 E4—Pg 24 6) Include a description of all permits which.. will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: Building, grading, WQMP, street, sewer, electrical, plumbing, mechanical, fire sprinklers, fire alarm 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. a., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): The site includes two lots totaling approximately 327,571 SF. The North lot is mostly vacant land with the exception of the small storage building (10'x10') that will be demolished and once housed a Directv antenna. The site has several chain link fences that were once used to store misc building materials and cars that are being removed by the Seller. The Southerly lot is mostly vacant with the exception of a cell tower structure South side of the lot. The cell tower and structure will stay in place. The lot is surrounded by chain link fencing and the topography drains towards the south into the basin. The basin has several oak trees with the balance of the site is highly disturbed and judged to have low biological valve. (See the attached Biological Study by TeraCor Resource Management). The entire site consists of loose fill dirt that has been loosely graded ands stock piled that we track through the years (see attached SoCal Geo Soils Report.) A project Traffic Study prepared by Translations Inc is alsoattached concluding the minimal impact this proposed project has to the local streets. Updated 4/11/2013 Page 3 of 10 E4—Pg 25 10) Describe the known cultural and/orhistorical aspects of the site.. Cite all sources of information (books, published reports and oral history): Attached is a copy of our cultural Resource Assessment report by Brian Smith and Associates where the site was found not to contain any cultural or historical issues. 11) Describe any noise sources and their/evels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Attached is a copy of our AIR/Noise Study by Brian Smith and Associates. The conclusion was that the proposed development will not create a significant impact to the surrounding community. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary: The site will be fully developed to include two Industrial Concrete tilt up buildings used for distribution/ warehousing. The North building #1 will consist of 64,500 SF of warehouse broken down as 59.500 SF of warehouse and 5,000 Sf of two story offices. The southerly building #2 will consist of 80,619 SF of warehouse and 5,000 SF of two story offices. Feron Street will be completed in front of both buildings per the street plans on file with the City. 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.) and scale of development (height, frontage, setback, rear yard, etc.): Property to the North/East/West consist of industrial concrete tilt up/block/metal buildings used for industrial purposes. To the South is an AT & SF Railroad track and across the track are a combination of industrial commercial and residential properties. It appears that the residential properties are used as offices for the existing businesses. Updated 411112013 Page 4 of 10 E4—Pg 26 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? No, the project is consistent with the adjacent uses. 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. Now will these noise levels affect adjacent properties and on -site uses? What methods of soundproofing are proposed? `16) Indicate proposed removals and/or replacements of mature or scenic trees: A few oak trees exist at the southerly portion of the south lot inside the basin. These tress will be protected in place (see attached Biological Report) 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: There is an existing drainage basin at the south end of the site that will be protected and improved as we develop the site. Hydrology Studies have been completed by LDDC Engineering and will be submitted with tf� final gradingNVQMP plans for our building plan check process. 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 al/day) 1863 (g Peak use (gal/Day) b. Commercial/Ind. (gal/day/ac) Peak use (gal/min/ac) 19) Indicate proposed method of sewage disposal. ❑ Septic Tank Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For furtherclarification,please contact the Cucamonga Valley Water District at (909) 987-2591. a. Residential (gal/day) b. Commercial/Industrial (gat/day/ac) 1863 Updated 4/11/2013 Page 5 of 10 E4—Pg'27 RESIDENTIAL PROJECTS: 20) Number of residential units:_ Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: Attached (indicate whether units are rental or for sale units): 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(permonth) $ to $ 22) Specify number of bedrooms by unit type: 23) Indicate anticipated household size by unit type: 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary., b. Junior High: c. Senior High COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses: Warehouse and Distribution Updated 4/1112013 Page 6 of 10 E4—Pg 28 26) Total floor area of commercial, industrial, or institutional uses by type: Building #1 59,500 SF warehouse and 5,000 SF offices Building #2 80,619 SF warehouse and 5,000 SF offices 27) Indicate hours of operation: Not determined at this time 28) Number of employees: Total) Not determined at this time Maximum Shift: Time of Maximum Shift., 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification (attach additional sheet if necessary): Not determined at this time 30) Estimation of the number of workers to be hired that currently reside in the City: Not determined at this time *31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): A specific tenant has not been determined at this time. However as copy of of the Noise Study and Greenhouse Gas Study by Brian Smith and Associates are attached. ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. Feron Street currently has public public water/sewer services that will be used to serve the property. We have met with Moises Eskeniki and discussed the site plan and site access. Access for the Fire Department as well as building exit doors for compliance. Additionally we have met with Dan James as well as Mathew Addington to study the preliminary hydrology study as well as the basin design that is being proposed with the attached WQMP/grading plans. A copy of the fire flow test conducted by Cucamonga Valley Water District dated July 13, 2016 is also attached. Updated 4/11/2013 Page 7 of 10 E4—Pg 29 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other flammable liquids and gases. Alsonote underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known. See attached Phase One report by Orswell Kasman, Inc.. None found. 34) Will the proposed project involve 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 and labeled on the application plans. none 35) The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission/Planning Director hearing: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamogga_ Date: Signature Updated 411112013 Title: Bill Fox, Applicant Page 8 of 10 E4—Pg 30 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Design Review DRC2016-00695 2. Related Files: NIA 3. Description of Project: The project scope includes the construction of two warehouse buildings and extension of an existing local road, Feron Boulevard, on an existing in -fill site located within the General Industrial (GI) District. The site is located north of 8th Street and west of Industrial Lane. Feron Boulevard runs east to west and separates the site into a north and south parcel. Building 1 consists of a 64,509 square foot warehouse building, including 5,000 square feet of ancillary office space, on a 3.12 acre parcel north of the proposed Feron Boulevard extension at 9500 Feron Boulevard. Building 2 consists of an 85,494 square foot warehouse building, including 5000 square feet of ancillary office space, on a 4.40 acre parcel south of the proposed Feron Boulevard extension at 9505 Feron Boulevard. Each parcel has its own parking area, landscaping and is independent of the other site. Both sites will take access off Feron Boulevard via driveways along the front of the site. 4. Project Sponsor Name and Address: Bill Fox 450 E. Foothill Boulevard Pomona CA 91767 5. General Plan Designation: General Industrial (GI) District 6. Zoning: General Industrial (GI) District 7. Surrounding Land Uses and Setting: The project site spans two undeveloped lots located north of 8th Street and west of Industrial Lane. A Metrolink rail line runs parallel to the southern boundary of the site. A local street, Feron Boulevard, runs east to west and separates the two lots into a north and south lot. The southern lot has been improved with a single monopalm wireless communications facility with a block wall base enclosure. Adjacent lots on all sides have been developed with industrial and warehouse facilities. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Dat Tran (909) 477-2750, extension 4326 10. Other agencies whose approval is required: (e.g., permits, financing approval, or participation agreement) GLOSSARY — The following abbreviations are used in this report: E4—Pg 31 Initial Study for Design Review DRC2016-00695 CALEEMOD — California Emissions Estimator Model CVWD — Cucamonga Valley Water District EIR — Environmental Impact Report FOR — Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES — National Pollutant Discharge Elimination System NOx— Nitrogen Oxides ROG — Reactive Organic Gases PMio — Fine Particulate Matter RWQCB — Regional Water Quality Control Board SCAQMD — South Coast Air Quality Management District SWPPP — Storm Water Pollution Prevention Plan ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED City of Rancho Cucamonga Page 2 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact," 'Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than -Significant -Impact" as indicated by the checklist on the following pages. (X) Aesthetics (X) Biological Resources (X) Greenhouse Gas Emissions () Land Use and Planning () Population & Housing () TransportatioNTraffic (X) Mandatory Findings of Significance ( ) Agricultural Resources (X) Cultural Resources (X) Hazards & Waste Materials () Mineral Resources () Public Services (X) Tribal Cultural Resources (X) Air Quality (X) Geology & Soils (X) Hydrology & Water Quality (X) Noise ( ) Recreation (X) Utilities & Service Systems DETERMINATION On the basis of this initial evaluation: () I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (X) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. () I find that the proposed project MAY have a 'Potentially Significant Impact' or 'Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. () I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or Rev 3-1-16 E4—Pg 32 Initial Study for Design Review DRC2016-00695 City of Rancho Cucamonga Page 3 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: ;� ✓ \ Date: Reviewed By: Date: Rev 3-1-16 E4-Pg 33 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 4 Less Than Significant Less Potentially Wth Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Inco orated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? () () () (✓) b) Substantially damage scenic resources, including, but ( ) () () (✓) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) () () (✓) quality of the site and its surroundings? d) Create a new source of substantial light or glare, () () (✓) ( ) which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Figure LU-6. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located north of 8th Street and west of Industrial Lane, and is characterized by industrial/warehouse developments to the north, south, east and west. The visual quality of the area will not degrade as a result of this project because there are no scenic resources or view corridors within the general vicinity. The project site is located within an in -fill industrial area. The parcels immediately adjacent to the project site have all been developed with industrial and warehouse buildings. The proposed building and site improvements have been reviewed by staff and determined to be visually compatible with the surrounding developments. A Design Review committee has reviewed the project and agrees with staff that the proposed buildings will not degrade the visual character of the surrounding environment. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures were reviewed by staff for consistency with the City's Development Code standards. All on -site illumination levels (provided for parking, circulation, and pedestrian areas) comply with Development Code standards. Lighting is shielded, diffused or otherwise directed away from adjacent properties to prevent glare. Lighting is confined to the area of illumination within the project site. The impact is not considered significant. Rev 3-1-16 E4—Pg 34 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 5 Less Than Significant Les. Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Impact Inca .rated Impact Impart 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or () () () (✓) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a () () () (✓) Williamson Act contract? c) Conflict with existing zoning for, or cause re -zoning of, () () () (✓ ) forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? d) Result in the loss of forest land or conversion of forest () () () (✓) land to non -forest use? e) Involve other changes in the existing environment, () () () (✓) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located west of Archibald Avenue and is characterized by industrial/warehouse developments to the north, south, east and west. There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga according to the General Plan and the California Department of Conservation Farmland Map 2010. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmland parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore no impacts would occur related to the conversion of forest land to 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. Rev 3-1-16 E4—Pg 35 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 6 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact 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 north of 8th Street and west of Industrial Lane and is characterized by industriallwarehouse developments to the north, south, east and west. The site is currently a vacant parcel that is not being utilized as Farmland or zoned for agricultural use. The proposed building would therefore not result in conversion of the land from Farmland to non-agricultural use. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non -forest use. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the () () () (✓) applicable air quality plan? b) Violate any air quality standard or contribute () (✓) () ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of () (✓) () ( ) any criteria pollutant for which the project region is non -attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () (✓) () ( ) concentrations? e) Create objectionable odors affecting a substantial () () () (✓) number of people? Comments: a) As discussed in subsection b, the project would not exceed any air quality standards and would not interfere with the region's ability to comply with Federal and State air quality standards for Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2003 AQMP). Therefore the project is consistent with the 2003 AQMP. b) Both the State of California and the Federal government have established health -based ambient air quality standards (AAQS) for seven air pollutants. These pollutants include ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (S02), coarse particulate matter with a diameter or 10 microns or less (PMio), fine particulate matter less than 2.5 (PM2.e) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PMio and PM2.e) 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 3-1-16 E4—Pg 36 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 7 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Then Significant No Impact incorporated Impact Impact The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PMto), fine particulate matter less than 2.5 (PM2.e) 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, PMto and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality Impact Analysis (July 2017) was prepared by Ldn Consulting, Inc, that utilizes CaIEEMod (Version 2013.2.2) to evaluate short-term construction emissions and short- term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. Short Term (Construction): Project Emissions and Impacts The project proposes two warehouse buildings and extension of an existing local road, Feron Boulevard, on an existing in -fill site located within the General Industrial (GI) District. The project site is currently undeveloped with the exception of a single monopalm wireless communication facility with surrounding block wall enclosure located in the northeast corner. The facility will be preserved at the final build -out of the proposed project. The potential emissions associated with construction of the project are described in the following sections. Rev 3-1-16 E4—Pg 37 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 8 Lass Than significant Less Issues and Supporting Information Sources: Potentially s'gi With Mitigation Than Significant No Impact Inco ai Impact Impact Construction Findings Year ROG NO, CO S02 MID PM10 P1161110 PMzs PM..s I PMys (Dust) (Exhaust) (Total) (Dust) (Exhaust)i (Total) SignificanceSQAQMD Threshold (lb/day) Exceeds Construction activities associated with the project will result in emissions of ROG, NOx, CO, S02, Milo and PM2s, 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 Thresholds for Construction 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; Rev 3-1-16 a. W. Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 9 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than significant No Im act Impact Incorporated Impact Im act 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 Reactive Organic Gases (ROGs), a list of carbon compounds monitored by the California Air Resources Board. Based on the proposed project, it is estimated that the proposed project will result in a maximum of approximately 61.281bs of ROGs per day (combined for all construction sources) during all phases of construction. Therefore, this ROGs emission is the principal air emission and is less than the SCAQMD rog threshold of 75lbs/day. Odors Heavy-duty equipment in the project area during construction would emit odors. However, the construction activity would cease to occur after individual construction is completed. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402 the proposed uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on -site and existing off -site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos The proposed project is located in San Bernardino County and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestos (NOA) during project construction is small and less than significant. Based on the discussion above and with implementation of the following Best Available Control Measures (BACM) as mitigation measures, short-term, construction impacts will be less -than -significant: 1) All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions. 2) The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry Rev 3-1-16 E4—Pg 39 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 10 Less Than Significant Less Issues and Supporting Information Sources: Potentially significant With Mitigation Than significant No Im act incorporated Impact Impact weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 3) The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Cumulative Impacts: Short -Term Construction Emissions Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on -site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on -going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.5 and PM1o) 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. Based on the Air Quality Assessment (Ldn Consulting, Inc., July 2017), no short-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed any thresholds of significance, the project's contribution to cumulative impacts is also considered minimal. With implementation of the following best practices and mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize short-term air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 4) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 5) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. Rev 3-1-16 E4—Pg 40 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 11 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Wth Mitigation Than Significant No Impact Incor aratetl Im act Im act 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. 8) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 9) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high -volume, low-pressure spray. 10) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on -site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB)) daily to reduce PMIo emissions, in accordance with SCAQMD Rule 403. 12) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMtg emissions. Rev 3-1-16 E4—Pg 41 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 12 Leas Than Sgne�eam Less Potenllally WU Then Issues and Supporting Information Sources: Swn&B t Mnw hw swninmm Na Im act Into ed Im ad Im = Project Long Term (Operational) Emissions and Impacts Long-term air pollutant emissions are those associated with stationary sources and mobile sources involving any project -related changes. The proposed project would result in a net increase in the amount of development in the area; therefore, the proposed project would 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 Summer Daily Pollutant Generation: •• Area Source Emission 4.11 0.00 0.02 0.00 0.00 0.00 Estimates Lb/Da Energy Emission Estimates 0.09 0.79 0.67 0.00 0.06 0.06 Lb Da Mobile Emission Estimates 2.16 11.02 27.45 0.08 5.51 1.60 Lb Da Total (Lb/Day) 6.36 11.82 28.13 0.09 5.57 1.66 SCA MD Thresholds 55 55 550 150 150 55 Significant? No No No No No No Daily pollutant generation assumes trip distances within CalEEMod Winter Daily Pollutant Generation: ROG NO. CO Area Source Emission 4.11 0.00 0.02 0.00 0.00 0.00 Estimates Lb Da Energy Emission Estimates 0.09 0.79 0.67 0.00 0.06 0.06 Lb Da Mobile Emission Estimates 2.23 11.48 27.60 0.08 5.51 1.60 Lb Da Total Lb Da 6.43 12.28 28.29 0.09 5.57 1.66 SCA MD Thresholds 55 55 550 150 150 55 Si nificant? No No No No No No Daily pollutant generation assumes trip distances within CalEEMod Rev 3-1-16 E4-Pg 42 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 13 Less Than slgni(¢ant Lass Issues and Supporting Information Sources: Potentially signmcam linmrp�aad With Mmgal'on Than Sgnli t Na Im ad Im aq Im act Localized Significance Thresholds for Operations: Cumulative Impacts (Long TermlOperational Emissions) The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the potential impacts to air quality based on the future build out of the City. In the long-term, continued development would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, all developments would be cumulatively significant if they cannot be mitigated on a project basis to a less -than -significant level. This City-wide increase in emissions was identified as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the Section 4.3 of the General Plan FPEIR. With implementation of the following mitigation measures from the City's 2010 General Plan FPEIR that are designed to minimize long-term, operational air quality impacts, the project's contribution to cumulative impacts will be less -than -significant: 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Schedule truck deliveries and pickups during off-peak hours. 16) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. Rev 3-1-16 E4—Pg 43 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 14 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Im act 17) Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 18) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 20) All 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). 21) All industrial and commercial facilities shall designate preferential parking for vanpools. 22) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 23) 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. 24) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 25) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. C) As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. With implementation of mitigation measures listed in subsection b) above from the City's 2010 General Plan FPEIR, which are designed to minimize long-term, operational air quality impacts, cumulative impacts will be less -than -significant. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within % mile of the following sensitive receptors: Rev 3-1-16 E4—Pg 44 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 15 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Im act Incorporated Impact Im act Montessori School House (8968 Archibald Avenue) 2 Single Family Homes (8853 Archibald, 8801 Archibald) Condominium Complex (8734 Pine Crest Place) During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under subsection b above and the following mitigation measure will reduce any potential impact to less -than -significant levels. 26) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaceslhearths) in new development on or after March 9, 2009. e) Construction odors (Short-term) may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. 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. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or () (✓) () ( ) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat () (✓) () () or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally () () (✓) ( ) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native () () () (✓) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Rev 3-1-16 E4—Pg 45 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 16 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Inca orated Impact Im act e) Conflict with any local policies or ordinances () () (✓) ( ) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat () () () (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area generally developed with industrial/warehouse uses. The site has been previously disrupted by mass grading work and there exists an approximately 8-foot tall pile of fill remains on the lot. An Initial Biological Analysis (TERACOR Resource Management, August 2016) found the site inhabited mostly by non- native vegetation of weedy and annual species. A number of avian and small mammal burrows were detected but were judged to be common wildlife and of low biological value. A Preliminary Delineation Determination Report (TERACOR Resource Management, April 2017) was conducted to identify riparian habitats and to further assess potential significant impacts to native habitats on the site. TERACOR field personnel conducted a site visit on March 27, 2017 to survey the standing waters on the site. Field personnel found no signs of aquatic life and determined that the water features were incipient, temporary and isolated. The report concluded that no native and natural plant communities were present on either property. 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 that the project is surrounded by 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 Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult 'birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the Rev 3-1-16 E4—Pg 46 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 17 Less Than SigniOrant Less Issues and Supporting Information Sources: Potentially signiroam Wlh Mitigation Than Signiflwnl No Im act Incor prated Im ad Im acl 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 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding :Season Survey and Reports) of the CDFW Staff Report. Results of the pre -construction survey shall be provided to CDFW and the City. If the pre -construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non -migratory resident burrowing owls during a pre -construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary ..no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. b) The project site is located in an urban area with no natural communities. A biological report prepared by TERACOR Resource Management, dated August 2016, found no natural riparian habitat exists on -site, meaning the project will not have any impacts. A small human -made water conveyance ditch was observed close to the northern property boundary. The ditch intercepts storm water flow from properties to the north and carries it southward approximately 200 feet to the middle of the site where it likely connects with underground pipelines. The lack of natural water features in the area and the apparent human origin of the ditch suggested to TERACOR that this feature was likely not jurisdictional waters protected by California Department of Fish and Wildlife or US Fish and Wildlife Service. The applicant for the project, Bill Fox, submitted a copy of the biological report to the California Department of Fish and Wildlife. Staff at the California Department of Fish and Wildlife had no issues with the property or the report. Additionally, Rev 3-1-16 E4—Pg 47 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 18 Lass Than Significant Less Potentially with Than Issues and Supporting Information Sources: significant Miligalion Significant No Im act Incorporated Impact Im acl planning staff conducted a walkthrough of the site on February 15, 2017. The walkthrough occurred after a number of rainstorms had occurred within the City and provided an opportunity for staff to easily identify any waterways. Staff visually inspected the property and did not identify any body of water beyond a few shallow ponds, which is consistent with the biological report prepared by TERACOR. The project design includes the preservation and restoration of the detention basin that will function as a water quality infiltration basin. No existing inlets or outlets will be altered, and the runoff from the project will be conveyed into the basin. Lastly, TERACOR conducted a Preliminary Delineation and Determination report (TERACOR Resource Management, April 2017) to identify riparian habitats and to further assess potential significant impacts to native habitats on the site. The report concluded that the water features onsite showed no signs of aquatic life and were isolated from downstream properties. None of the water features were determined to be under the jurisdiction of the Army Corps of Engineer, California Department of Fish and Wildlife or the Regional Water Quality Board. c) The biological report prepared by TERACOR Resource Management, dated August 2016, found evidence of ponding in a detention base at the south side of the site. The basin has two wetland indicator trees but limited incipient wetland vegetation. Given the limited size of the ponding area and vegetation, the proposed development is unlikely to have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. As mentioned in subsection b) above, the biological report has been preliminarily reviewed by California Fish & Wildlife and planning staff conducted a walkthrough of the site. No issues were found with the report upon preliminary review and planning staff did not identify any body of water beyond a few shallow ponds consistent with the biological report prepared by TERACOR. Furthermore, TERACOR conducted a Preliminary Delineation and Determination report (TERACOR Resource Management, April 2017) to identify riparian habitats and to further assess potential significant impacts to native habitats on the site. The report concluded that the water features onsite were isolated from downstream properties and not under jurisdiction of the Army Corps of Engineers, California Department of Fish and Wildlife or the Regional Water Quality Board. The project design includes the preservation and restoration of the detention basin that will function as a water quality infiltration basin. No existing inlets or outlets will be altered, and the runoff from the project will be conveyed into the basin. The impact is considered less than significant. 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. Per the Preliminary Delineation and Determination report (TERACOR Resource Management, April 2017), the project site contains a few onsite ponds and water conveyance ditches onsite that showed no signs of aquatic life and were isolated from downstream properties. No migratory corridor was identified. Therefore no adverse impacts are anticipated. e) A Site Tree Assessment was conducted by the applicant, Bill Fox, to indicate the number of trees, height and width, and their species designation on the site. There is a total of six trees on the site. None of the trees are over 30 feet in height or have a diameter breast height of 20 inches or greater in order to qualify as a heritage tree per the City's Development Code. Non -heritage trees may be removed by the property owner as needed. Therefore, the proposed project is not in conflict with any local ordinance. With the trees installed as required by the Development Code, the impact is considered less than significant. Rev 3-1-16 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 19 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Wth Mitigation Than Significant No Im atl Incor crated Impact Im act Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the () () () (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the () (✓) () ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological () (✓) () ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred () () () (✓) outside of dedicated cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. Furthermore, the project site is not listed in the California Office of Historic Preservation's Register of Historic Resources. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. The following mitigation measures as identified in the FPEIR shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, Rev 3-1-16 E4—Pg 49 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 20 Less Than Significant Less Issues and Supporting Information Sources: Potentially significant With Mitigation Than significant No Im act Incorporated Impact Impact avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in -kind mitigation fee. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere -of - Influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10.000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per the Public Safety Element of the General Plan; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth -disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). is 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 previous grading work. A large mound of stockpiled dirt is located in the southern half of the site and very little native vegetation remains on the site. 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 Rev 3-1-16 E4—Pg 50 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 21 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Im act 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 () () () (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? () () () (✓) iii) Seismic -related ground failure, including () () () (✓) liquefaction? iv) Landslides? () () () (✓) b) Result in substantial soil erosion or the loss of topsoil? O (✓) O ( ) c) Be located on a geologic unit or soil that is unstable, () () () (✓) or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table () () () (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) () () (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault, passes within 1.3 miles (north) of the site, and the Cucamonga Fault Zone lies approximately 4.5 miles (north) of the site. These faults are both capable of producing Mw 6.0-7.0 earthquakes. The San Jacinto fault, capable of producing up to Mw 7.5 earthquakes is approximately 5 miles from the northeast corner of the city and approximately 12.2 miles away from the site itself. The San Andreas, capable of up to Mw 8.2 earthquakes, is approximately 8 miles from the northeast corner of the city and approximately 15.2 miles away from the site itself. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and Standard Conditions will ensure that geologic impacts are mitigated and reduce risk of loss, injury, or death to people and damage to structures. Rev 3-1-16 E4—Pg 51 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 22 Less Than Significant Less Issues and Supporting Information Sources: Potentially significant With Mitigation Than Significant No Impact Incur oreted Impact Im act 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 PMIo emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off - site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMto emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. c) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibits the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not within an Earthquake hazard zone or other unstable geologic unit or soil type according to General Plan FPEIR Exhibit 4.7-2. Soil types on -site consist of Hanford Sandy Loam and Hanford Coarse Sandy Loam Soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on -site consist of Hanford Sandy Loam and Hanford Coarse Sandy Loam Soil association according to General Plan FPEIR Exhibit 4.7-3. These soils are typically stable. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. No impacts are anticipated. Rev 3-1-16 E4—Pg 52 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 23 We Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigalion Than Significant No Impact Incorporated Impact Im act 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or () (✓) () ( ) indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation () () (✓) ( ) adopted for the purpose of reducing the emissions of greenhouse gases? Comments: a) Regulations and Significance — The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act (92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas (GHG) emissions reduction target in Executive Order (EO) 5-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009 the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1) that GHGs endanger human health; and (2) that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines 6 key GHGs (carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SFe)). The combined emissions of these well -mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of 3 to 4 degrees Fahrenheit (OF) over the next century. Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State's infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in -State and out -of -State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The Rev 3-1-16 E4—Pg 53 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 24 Lass Than Sgmficant Less Issues and Supporting Information Sources: Potentially slgnitl an: With MI gaVon linwwated Thenfi sgnl(IGant No Im act Im act Im atl proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a qualitative analysis (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana -Arrow Highway station. The Upland station monitors all criteria pollutants except PMio. PM2.s, and S02 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, PMio, and PM2 s levels all exceed State and Federal standards regularly. Project Related Sources of GHG's — Based on the Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to an existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. The City of Rancho Cucamonga has not adopted a threshold of significance for GHG emissions. However, a screening threshold of 3,000 MTCO2e per year is based upon South Coast Air Quality Management District staffs proposed GHG screening threshold for stationary sources emissions for non -industrial projects, as described in the SCAQMD's Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans. Project related GHG's would include emissions from direct and indirect sources. Based on the Global Climate Change report (Ldn Consulting, August 2016), total project related emissions would be 1796.62 MTCO2eq/year, as shown in the following table: Table S.2: Expected Operational Emissions Summary MT/Year Year Area t • : . 0.000 0.004 0.004 0.000 0.000 0.004 Energy 0.000 699.654 699.654 0.028 0.008 762.735 Mobile 0.000 813.145 813.145 0.030 0.000 813.780 Waste 39.557 0.000 39.557 2.338 0.000 88.650 Water 11.529 135.413 146.942 1.190 0.029 180.989 Amortized Construction Emissions Table 5.1 above --------- Total Construction and Operations ----- —__10_46—_- 1,796.62 Expected Construction emissions are based upon CalEEMod modeling assumptions for equipment and durations listed in Table 1 above. Data is presented in decimal format and may have rounding errors. Rev 3-1-16 E4—Pg 54 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 25 Less Than Signifcanl Less Issues and Supporting Information Sources: Potentially significant Wth Mitigation Than Significant No Im act Inwrparatetl Im act Im act 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, Cho, and N2O. CH4 is emitted during the fueling of heavy equipment. Based on the Global Climate Change Analysis (Ldn Cons" lting/August 2016), no significant impacts to GHGs from short-term construction impacts would occur as a result of the project as shown in Table 5.2 above. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant short-term cumulative impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEIR: 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD Rule 403 regarding fugitive dust including treating the site with water or other soil -stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. . 5) Construction should be timed so as not to interfere with peak -hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for the construction crew. Cumulative Long Term (Operational) GHG's Emissions — The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off -site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project for "adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Rev 3-1-16 E4—Pg 55 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 26 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact incorporated Im act Impact Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold. The project involves the construction of two industrial warehouse building totaling 64,510 and 85,661 square feet and therefore would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and less than 20 percent during construction activities). The proposed project will incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping, shade trees, and walkways that provide accessibility off -site, 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 CARB Scoping Plan mandated under AB 32. The proposed project will incorporate several design features including: water efficient landscaping, shade trees, and walkways that provide accessibility off -site, and employee outdoor eating areas 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 Global Climate Change Analysis (Ldn Consulting/August 2016), no significant impacts to GHGs from long-term, operational impacts would occur as a result of the project as shown in the table above. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to cumulative impacts is also considered minimal. The proposed project would have less than a significant long-term operational impact with implementation of the following enforceable actions, which are included as mitigation measures in accordance with Mitigation Measure 4.5-1 of the 2010 General Plan Update FPEI R: 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. Rev 3-1-16 E4—Pg 56 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 27 Less Than Signifcant Less Issues and Supporting Information Sources: Potentially significant with Mitigation Than Significant No Impact Incorporated Impact Im act • 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; • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Install water saving type plumbing fixtures and faucets in compliance with the California Plumbing Code, Chapter 4. • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. b) The project involves the development of two industrial warehouse building totaling 64,510 and 85,661 square feet, which is consistent with the General Plan. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions apply to the project. The 2010 General Plan Update includes adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re -use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project includes water efficient landscaping, shade trees, and walkways that provide accessibility to public sidewalks and therefore is consistent with the sustainability and climate change policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant, unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. Based on the Global Climate Change Analysis (Ldn Consulting/ August 2016), no significant impacts to GHGs from short-term, construction impacts or long-term, operational impacts would occur as a result of the project. Because the project would result in minimal emissions that do not exceed the SCAQMD's interim threshold of significance, the project's contribution to GHGs from short-term construction and long - Rev 3-1-16 E4—Pg 57 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 28 Less Then Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than SIgmficant No Im ad Incorporated Impact Im acl term operational cumulative impacts is also considered minimal. With implementation of the mitigation measures listed in subsection a), less than significant impacts would occur as a result of the project. In addition, the proposed project would not hinder the State's GHG reduction goals established by AB 32 and therefore would be less than a significant impact. 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the () () (✓) () environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the () () (✓) () environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () (✓) () acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () (✓) ( ) () hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, () () (✓) Q where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, () () () (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an () () () (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of () () () (✓) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil or through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials are allowed to be stored and used at individual sites. The proposed warehouses on this site are expected to generate hazardous materials in a manner consistent with current construction practices of industrial/warehouse facilities. Best practice mitigation measures will be conditioned to limit the impact of hazardous Rev 3-1-16 E4—Pg 58 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 29 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Impact Incorparat.d Impact Im act materials and their odors from adjacent sites. The operational emissions of hazardous materials and wastes are unknown at the time of this environmental analysis. The proposed industrial/warehouse 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 residential uses and elementary schools. Furthermore, 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 and/or waste will reduce the potential for significant impacts to a level less -than -significant. b) The proposed project does not include the use of hazardous materials beyond what is expected with current construction practices of industrial/warehouse facilities. Best practice mitigation measures will be conditioned to limit the potential accidental impact of hazardous materials and their odors from adjacent sites. The operational emissions of hazardous materials and wastes are unknown at the time of this environmental analysis. 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 accidental impacts to the surrounding residential uses and elementary schools. Furthermore, 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. c) There are schools located within 114 mile of the project site. The boundary of the project site is located roughly 900 feet away from a Montessori pre-school facility. The project will be required to comply with existing State and Federal standards on the use and transport of hazardous materials. The proposed 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 residential uses and elementary schools. No impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site per 2010 General Plan FPEIR Exhibit 4.8.6. A review of the Phase I Environmental Site Assessment Report (Orswell & Kasman, March 2016) concluded that there was no evidence of underground storage tanks, wastewaters, septic tanks, sumps or wells on the property, and there was no indication of obvious contamination on the site. However, subsequent consultation with the Department of Toxic Substances (DTSC) resulted in a letter from the agency detailing a number of potential concerns with the site. DTSC raised the concerns of potential lead -based paints and asbestos containing materials from an onsite 100-square foot concrete block building, the potential of residual pesticides resulting from previous agricultural activities, the potential presence of polychlorinated biphenyls (PCBs) from a former onsite transformer, and the presence of minor surface oil and gasoline stain found onsite. To address these concerns, two studies were conducted Rev 3-1-16 E4—Pg 59 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 30 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Im act to investigate potential hazards onsite. The first study, a Limited Asbestos Inspection (Patriot Environmental Laboratory Services, April 2017) tested 19 bulk building materials samples for asbestos, including samples of drywall, joint compound, vinyl floor tiles, related adhesives and roofing materials. No asbestos was found in any of the 19 samples and no additional testing was recommended by Patriot. The second study, a Near -Surface Soil Assessment (Avocet Environmental, May 2017) collected and analyzed near -surface soil samples in accordance with DTSC's "Interim Guidance for Sampling Agricultural Properties (DTSC, August 2008) at 16 different locations. The analysis assessed the possible presence of residual organochlorine pesticides (OCPs), elevated arsenic levels, polychlorinated biphenyls (PCBs), and total petroleum hydrocarbons (TPHs) in the soil. The study found concentration levels of pesticides lower than the U.S. Environmental Protection Agency's (EPA) commercial/industrial "Regional Screening Levels". Arsenic concentration was found at 1.35 milligrams per kilograms, far below the 12 milligram per kilograms screening levels used by DTSC to evaluate even the most sensitive receptors like potential school sites (DTSC, June 2005). In terms of polychlorinated biphenyls (PCBs), the study did not detect any concentrations in the soil samples taken from the immediate vicinity of the former onsite transformer. Lastly, soil collected below the location of the minor surface oil and gasoline stains found showed concentrations of up to 140 milligrams per kilogram. Concentrations allowed by the San Francisco Bay Regional Water Quality Board's Environmental Screening Level range from 230 (hydrocarbons as diesel) to 5,100 (hydrocarbons as oil) milligrams per kilogram. Based on the minor level of contamination of the various sampling of the soil and onsite structures, less than significant impacts are anticipated with the following mitigation measure: 1) If soil contamination is suspected or observed in the project area, or the project proposes to import/export soil that is suspected or observed to be contaminated, the applicant shall provide a report evaluating status of the soil to determine if it has been contaminated by oil and gasoline. The potential solutions for addressing any contamination and a timeline for implementing the chosen solution shall be included in the report. If the soil is contaminated, it shall be disposed of properly in accordance with all applicable and relevant laws and regulations. e) The site is located within an airport land use plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 but is not within 2 miles of a public airport. The project site is located approximately 2.10 miles northerly of the Ontario Airport and is offset north of the flight path. The project is located within the Airspace Protection Area according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1. Development within this protection area will comply with FAR Part 77 regarding height limitations in order to prevent obstruction to aircraft operations. No impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. No impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. New development will be located on a site that has access to existing roadways. The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. Because the project includes four points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. Rev 3-1-16 E4—Pg 60 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 31 Less Than Significant Less Issues and Supporting Information Sources: Potentially Signifieant With Mitigation Than Significant No Impact Incorporated Impact Im act 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. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge () (✓) () ( ) requirements? b) Substantially deplete groundwater supplies or interfere () () () (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the () () () (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the () () () (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed () () () (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () (✓) () ( ) g) Place housing within a 100-year flood hazard area as () () () (✓) mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures () () () (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of () () () (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? () () () (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial Rev 3-1-16 E4—Pg 61 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 32 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Win Mitigation Than Significant No Impact Incorporated Impact Impact activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off -site into receiving waters. Eliminate or reduce non -storm water discharges to storm sewer systems and other waters of the nation. Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project's construction contractor will be required to prepare an SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post -construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by (Land Development Design Company, LLC in July 2016), which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on -site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on -site and off -site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall Rev 3-1-16 E4—Pg 62 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 33 Less Than signiFlcant Less Issues and Supporting Information Sources: Potentially Significant Wth Mitigation Than Significant No Im act Incorporated hn act Im act 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. 6) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Post -Construction Operational: 6) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, approximately 35 percent of the City's water is currently provided from water supplies. coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Figure RC-3. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. Rev 3-1-16 E4—Pg 63 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 34 Less Than Significant Less Potentially Wth Than Issues and Supporting Information Sources: significant Mitigation Signifcant No Impact Incorporated Impact im act CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off -site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off -site. No impacts are anticipated. 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 proposed project is for the new development of 2 warehousing facilities with a combined site footprint encompassing 316,035 square feet of land. Therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. With implementation of the mitigation measures specified under subsection a), less than significant impacts are anticipated. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (name/date) 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. 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 Rev 3-1-16 E4—Pg 64 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 35 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Than Na hn act Incansvated impact Im act 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. There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non -significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? () () () (✓) b) Conflict with any applicable land use plan, policy, or () () () (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan () () () (✓) or natural community conservation plan? Comments: a) The proposed project is located on an existing in -fill site located at 9500 and 9505 Feron Boulevard within the General Industrial (GI) District. The site is characterized by industrial/warehousing developments on all sides. This project will be of similar design and size to surrounding industrial/warehouse developments. The project will become a part of the larger industrial community. No adverse impacts are anticipated. b) The project site land use designation is General Industrial (GI). The General Industrial (GI) land use designation permits a wide range of industrial activities and ancillary office uses. The proposed warehouse use of the project is consistent with the General Plan and does not interfere with any policies for environmental protection, or SCAG's Regional Comprehensive Plan. The project site is located roughly in the southwestern quadrant of the City in an area previously developed with industrial/warehousing facilities. The City maintains extensive open space and conservation areas along the northern boundary and northwestern quadrant. The location of the project site is far from the City's conservation and open space area. As such, the proposed project is consistent with the zoning designation established in the Development Code for the purpose of mitigating environmental impacts. c) The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC-4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. Rev 3-1-16 E4—Pg 65 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 36 Less Than Signifcanl Less Issues and Supporting Information Sources: Potentially Significant Wth Mitigation Than Significant No Impact (ncor oral, Im act Impaq 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) () () (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) () () (✓) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure RC-2 and Table RC-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there is no impact. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) (✓) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) () () (✓) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ( ) () () (✓) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ( ) (✓) () ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ( ) () () (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, () () () (✓) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is not within an area of noise levels exceeding City standards according to General Plan Figure PS-9 at build -out. No adverse impacts from surrounding roadways is expected. The Metrolink rail lines run adjacent to the site and is expected to generate some noise at the southern edge of the site. However, most activities are expected to occur within the buildings onsite. No noise sensitive outdoor land uses are proposed on the project site; therefore no impacts are anticipated. The project itself consists of two warehouse buildings totaling 64,509 and 85,494 square feet. Construction is expected to be the biggest contributor to noise levels at the project site. A Noise Study conducted by Ldn Consulting (August 2016) found that noise levels generated by construction Rev 3-1-16 E4—Pg 66 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 37 Less Than Significant Lass Issues and Supporting Information Sources: Potentially Signili.mt Wlh Mitigation Than Signi(cant Na Im act Incor orated Im act Im act equipment are expected to be as high as 82.2 dBA at 50 feet from the source. However, construction noise is relatively short-term and its estimated that equipment will be operating on -average 200 feet from the nearest property lines. At 200 feet, noise levels will not exceed 70.2 dBA. The average construction noise levels meets the City's standards which allows for up to 80 dBA at the property line. Operational noise levels will result from future use of the site, include the operation of forklifts, trucks, trash compactors and HVAC units. Cumulative operational noise levels at the property line is expected to be no more than 66 dBA and is also below the City's standards for noise levels in General Industrial (GI) Districts. The following mitigation measures shall then be required: Exterior: 1) Prior to the issuance of any grading plans a construction -related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) All future on -site activities shall adhere to the City's noise standards. Noise levels shall not exceed 80 dBA anywhere on the lot. b) The proposed industrial buildings are to be constructed as speculative with no definitive users at this time. The City's Development Code requires that all industrial uses be conducted within an enclosed building; hence, no adverse operational impact to nearby uses is expected. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the nearby residential uses and Montessori pre-school. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. Because the project will not significantly increase traffic as analyzed in the Traffic Study; it will likely not increase ambient noise levels within the vicinity of the project. Cumulative onsite operational noise levels at the property line is expected to be no more than 66 dBA and is also below the City's standards for noise levels in General Industrial (GI) Districts. Therefore, the project is unlikely to contribute a substantial amount of ambient noise to the project vicinity. d) The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on -site stationary sources, heavy-duty construction vehicles; and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.110, 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 E4—Pg 67 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 38 Less Than significant Less Issues and Supporting Information Sources: Potentially significant With Mitigation Than significant No hn act Into .rated Im act Im act 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 required: 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is located within the Ontario Airport Land Use Plan but is not within 2 miles of the Ontario airport. The site is located approximately 2.10 miles north of the Ontario Airport and is offset north of the flight path. The site is not within the Noise Impact Zone as defined by the Ontario Airport Land Use Plan. Development within this protection area will comply with FAR Part 77 regarding height limitations in order to prevent obstruction to aircraft operations. Per the ONT ALUCP, a real estate disclosure is required. No adverse impact is anticipated. 6) The developer shall provide all buyers with a real estate transaction disclosure identifying the ONT Airport in the City of Ontario and possible exposure to impacts associated with aircraft operations (e.g., aircraft noise). This disclosure shall be recorded against the property for future transactions. f) The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. No impact is anticipated. 13. POPULATION AND HOUSING. Would the project, a) Induce substantial population growth in an area, either ( ) () () (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) () () (✓) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) () () (✓) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the Rev 3-1-16 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 39 Less Than S'gniflwnt Less Issues and Supporting Information Sources: Polentially Significant With Mitigation Than Significant No Im act Inca oratetl Impact Im act employees will likely be hired from within the City or surrounding communities. No significant impacts are anticipated. b) The project site is located in the General Industrial (GI) District and is vacant. There are no existing residential housing units on the site. Therefore, there will be no displacement of housing or people and no adverse impact is expected. c) The project site is located in the General Industrial (GI) District and is vacant. Because the property is vacant there will be no displacement of housing or people. Therefore no adverse impact is expected. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () (✓) b) Police protection? () () () (✓) c) Schools? () () () (✓) d) Parks? () () () (✓) e) Other public facilities? () () () (✓) Comments: a) The site, located north of 8th Street and west of Industrial Lane, would be served by a fire station located approximately 1 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The site is in a developed area currently served by the Cucamonga School District and the Chaffey Joint Union High School District. The project will be required to pay School Fees as prescribed by State law prior to the issuance of building permits. No impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located 0.51 miles from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. Rev 3-1-16 E4—Pg 69 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 40 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant With Mitigation Than Significant No Impact Incor orated Impact Im act e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions the increase in Library Services would be mitigated to less than significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space that is planned for future Library use. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and () () () (✓) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or () () () (✓) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located 0.51 miles from the project site. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. b) See a) response above. 16. TRANS PORTATIONITRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy () () () (✓) establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management () () () (✓) program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Rev 3-1-16 E4—Pg 70 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 41 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant wth Mitigation Than Significant No Impact Incor crated Impact Im act c) Result in a change in air traffic patterns, including () () () (✓) either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature () () () (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? () () () (✓) f) Conflict with adopted policies, plans, or programs () () () (✓) regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Comments: a) The proposed project includes the development of two industrial warehouse buildings totaling 64,509 and 85,494 square feet located north of 8th Street and west of Industrial Lane. The site is currently vacant and surrounded on all sides by existing industrial and warehouse facilities. As noted in the General Plan FPEIR (Section 4.16), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Implementation of the proposed project forecasted to generate 45 trips in the a.m. peak hour, 48 trips in the p.m. peak hour, and 534 daily trips. When converted to passenger car equivalent trips, the total number generated is 58 trips in the a.m. peak hour, 61 trips in the p.m. peak hour, and 679 daily trips (Translutions, Inc., July 2016), as shown in the following table: Rev 3-1-16 E4—Pg 71 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 42 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Wth Mitigation Than Significant No Impact Incor oratetl Im act Im act Table A -Project Trip Generation AM P6kH&ur r V[ Ii ,« - P51 Peak Hour icu{ � k DaIIy' r.1.. 1 „-l. Land Warehousing. 150 TSF Trip Generation Rates2 0.237 0,063 0,300 0,060 0,240 0.320 3.560 PCE lnbcurdOutbowd Splits. 79% 21% 100% 25% 75% 100% 50.AJ50% aFCs'eE"Llvafeht Rafe's`,Ca(eulatidn's': Passenger Can Recommended Mix (%)° 80.30%. 80.30% 80.30%. 80.30% 80.30% 80.30% $0.30% PCE Factor' '1.0 1.0 1.0 1.0 1.0 1.0 1.0 PCE Rates 0.190 0.051 0.241 0.064 0.193 0.257 2.859 2-Axle Trucks _ Recommended Mix (%)' 5,20% 5.20% 5.20% 5.20% 5.20% 5.20% 6.20% PCE Factor' 1.5 1.5 1.5 1.5 1.5 1.5 1.5 PCE Rates 0.018 0.005 0.023 0.006 0.019 0,025 0,278 3-Axle Trucks Recommended Mix(%)s 4.50% 4.50% 4.50% 4.50% 4,50% 4.50% 4.50% PCE Factor' 2.0 2.0 2.0 2.0 2.0 2.0 2.0. PCE Rates 0,021 0,006 0.027 0.007 0.022 0029 0.320 4-Axle Trucks Recommended Mix (%J' 10.00% 10.000/0 10.00% 1000% 10,00% 10.00% 10.00% PCEFactor° 3.0 3.0 3.0 '3.0 3.0 3.0 3.0 PCE Rates 0.071 0.019 0,090 0.024 0.072 0.096 1..068j t O .ia# ". p�. TOta1..TrIPS.d.. iZ."h.4.. ll.�+e' �i'.rn'.':4'E{� fikG.nY•.._�l ems: ..7 .Ai"h3'Y i+Sva' . „'�:rT .ilM'tT .. dL.t .:rAF,�fK Passenger Cars 28 8 36 10 29 39' 429 2-Axle Tmcks 2 0 2 0 2 2 28 3-Axle Trucks 2. 0 2 0 2 2 24 4-Axle+Trucks 4 1 5 1 4 5 53 Total Vehicle Trips 36 8 45 11 37 48 534 3; 1!r, E1-', + p' `}k 1+ rr', final Ratesy(I'n'" Passeengei Car Equ�valonfsf `s f ", F, Passenger Cars 0,190 0.051 0,241 0.064 0.193 0.267 2.859 2-Axle Trucks 0.018 0.005 0.023 0.006 0,019 0.025 0278 3-Axle Tmcks 0.021 0.006 0.027 0.007 0.022 0.029 0.320 4-Axle+Tmcks 0,071 0.019 0.090 0.024 0.072 0.096 1.068 Total PCE Rate 0,301 0.080 0,381 0.102 0.305 0,407 4.525 x.`t.."a Passenger Cars 28 a 36 10 29 39 429 Truck PCE 2-Axle Trucks- 3 1 4 1 3 4 42 3-Axle Trucks 3 1 4 1 3 4 48 4-Axle+Tmcks 11 3 14 3 11 14 160 Truck PCE 17 5 22 5 17 22 250 Total PCE 45 13 58 15 46 at 679 TSF =Tmusa:d Square Fed Rates tesed 6n Lend Use 150.'Warehasng"-from lname at Thrspmaion Engnears (ITE' R p Seoaam PIh Ed). a Recemmen!ed TnckPercenage tr m Truokmex Percentages pareay cf Forara Tuk Tnp Goreralim Stud, for Ligns War&ause uses, Pugusl M. ' Re.amirzNed PCE FaAm per San Demadho County DOP,2M6 Updde Rev 3-1-16 E4-Pg 72 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 43 Less Than Significant Lass Issues and Supporting Information Sources: Potentially Significant WN Mitigation Than Significant Na Im act Incorporated Impact Im act Under all Existing and Opening Year scenarios, all intersections operate at satisfactory Level of Service (LOS) C or better during the a.m. and p.m. peak hours. LOS is forecasted to remain unchanged with or without the project for the existing year LOS. LOS for the opening year (2018) is expected to drop for the intersection at Archibald Avenue and 9th Street from LOS B to LOS C during the A.M. peak hours. Both the existing and opening year scenarios are shown in the tables below (Translutions, Inc., July 2016): Existing Year Levels of Service .. Intersection •', a; .. LOS } Standard a ..;,.1{' ; �; " �ddntrol"Dela Without Project. AM,Peak�Hou"r PM'PeakHour . LOB : 'DelayLOS ; With P,ro'act"• : ' AM Peak Hour PMP.eakHour :Dela :COS, . �Dela '-COS` DlreicR Project Im -act 1 . West DrivewaylFeron Boulevarc D TWSC A A 8.8 A 8.8 A NO 2. East DnvemylFeron Boulevard D TWSC A A 8.8 A 8.9 A NO 3 .. Industrial LanelFeron Boulevard D TWSC 9.1 A 9.2 A 9.2 A 9.7 A NO 4 . Industrial Lanel9th Street D TWSC 11.5 B 12.5 B 11.5 B 128 B NO 5. Archbald Avenue/9th Street D Signal 17.6 B 15.8 B 19.6 B 17.6 B NO NOTeS: TWSC=Two-Way Slop Control; For TWSC intersections, reported delay is forwont-case epproacNmovernent AWSC=AIPWay Stop Control. LOS= Level of Service Exceeds LOS Standard Opening Year Levels of Service intersaction ;. LOS 'Standard' +. Goutrol'Dela W14out Project ":'-__ AM Peak Hour Phi -Peak Hour 'LOS r.Delay, LOS with P.ro'ect.= it AM.Peak Hour PM Peak Hour Del-,^LOS'; Dela,'LO$ Direct Project Im 'act: 1 . West DrivewaylFeron Boulevarc D TWSC A A 8.8 A 8.8 A NO 2. East DrivewaylFeron Boulevard D TWSC A A 8.8 A 8.9 A NO 3 . Industrial LanelFeron Boulevard D TWSC 9.1 A 9.2 A 9.2 A 9.8 A NO 4 . Industrial Lanel9th Street D TWSC 11.6 B 12.7 B 11.6 B 13.1 B NO 5. Archibald Avenuel9th Street D Signal 19 B 16.8 B 21.2 C 18.6 B NO Notes: TWSC =Twu-Way Stop Centel For TWSC inteneefions, reported delay is for vront-case appma oWmavern.a AWSC=AlPway Stop Con"L LOS =Ltoad of Service Exceeds LOS Standard Under Year 2040 scenario, all intersections will operate at satisfactory LOS D or better. LOS with or without the project is expected to be nearly identical with the exception of drop from service level C to service level D at the Archibald Avenue/9th Street intersection during the P.M. peak hour. Rev 3-1-16 E4-Pg 73 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 44 Less Than Significant Less Issues and Supporting Information Sources: Potentially Slgnificam With Mitigation Than Significant No Impact Incorporated Impact Impact Year 2040 Levels of Service LOS ,,,^,. 'AithouGPro'ect. -.' `r ' with Project f Direct Piol- cf 'AWPeak+Hour PM: Peak Hour AM:P.eakHoUr P.MPeakHour Ilnteise'clion� , r . Standard ControlDala iLOS Dela :COS ''Dela 'COS ' Dela,%tOS? ` .IIn act 1 . West DriveWaylFeron Boulevarc D TWSC A A 8.8 A 8.8 A NO 2 . East Drivel aylFeron Boulevard D TWSC A A 8.8 A 8.9 A NO 3 . Industrial LanelFeron Boulevard D TWSC 9.2 A 9.2 A 9.3 A 9.6 A NO 4 . IndusMal Lanel9th Street D TWSC 13.8 B 18 C 14 B 19 C NO 6. Archbald Avenuel9lhStreet 0 Signal 36.7 D 31.8 C 42.3 D 39.4 D NO Notes: TWSC=Two-Way Stop Control; For TWSC intersections, reported delay Is ftrworst-case aPnoacwMavernent LOS = Level of Service The worst approach delay is less than opening year due to difference in PHF per SANBAG Guidelines. The City Engineer reviewed the traffic study submitted for the project (Translutions, Inc., July 2016) and concurs with the report's findings. 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. All intersections will operate at a minimum of service level D through Year 2040 and is consistent with the City's General Plan as LOS D or better is the adopted standard. This standard serves as a foundation for providing a street network that moves people and goods safely and efficiently throughout the community, while ensuring that traffic delays are minimized. In addition, 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. The City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) 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 permits. The project is in an area that is mostly developed with street improvements existing. All arterials and intersections will maintain a minimum Level of Service D and above by year 2040, which meets the City's minimum Level of Service standard for all roadways. 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 2.10 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. The project is located within the Airspace Protection Area according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1. Development within this protection area will comply with FAR Part 77 Rev 3-1-16 E4—Pg 74 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 45 Less Than Significant Less Issues and Supporting Information Sources: Potentially Wih Mitigation Mitigation Than Significant No Im act Inwr crated Im act Im a<t regarding height limitations in order to prevent obstruction to aircraft operations. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles during construction and upon completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The project design provides typical features to support transportation and vehicle trip reduction. Sidewalks will be provided on both sides of Feron Boulevard to improve pedestrian access to the site. The site will also be conditioned to provide a bicycle racks to consistent with the City's goal of implementing bicycle parking at all new development sites. No impacts to public transit, bicycle, or pedestrian facilities are anticipated as a result. 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 ( ) () () (✓) 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 ( ) (✓) 0 0 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 Phase I Cultural Resource Assessment was performed on the project site by Brian F. Smith and Associates, Inc. (August 2016). The study consists of an archaeological record search of available resources, including the National Register of Historic Places, Office of Historic Preservation Historic Property Directory, and the land Rev 3-1-16 E4—Pg 75 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 46 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Wth Mitigation Than Significant No Impact Incorporated Impact Im act patent records of the Bureau of Land Management. The California Historical Resources Information System at the South Central Costal Information Center at California State University, Fullerton was also consulted. The records search did not identify any previously recorded cultural resources within the project site. However, a total of 27 resources were identified within a one mile search of the project site. The study also included an intensive field survey of the project site. Parallel, linear transects separated by approximately 15 meters were conducted over the project site on June 30, 2016. The intensive survey of the property did not result in identification of any cultural resources. The site has been previously cleared and partially graded and there was no evidence to suggest the prior existence of any cultural sites on the property. The study also included consultation with Native American Heritage Commission and a requested review of the Sacred Lands Files to determine if any recorded Native American sacred sites or locations of religious or ceremonial importance are present within one mile of the project site. The review of the Sacred Lands File did not indicate the presence of any sacred sites or locations of religious or ceremonial importance within the search radius. The study concludes with the absence of cultural resources in the current project area and surrounding vicinity, no additional cultural work is recommended. No adverse impacts are anticipated. b) In conformance with CEQA Guidelines Section 15064.5, A Cultural Resources Assessment was performed on the project site by Brian F. Smith and Associates, Inc. (August 2016). The study consists of an archaeological record search of available resources, including the National Register of Historic Places, Office of Historic Preservation Historic Property Directory, and the land patent records of the Bureau of Land Management. The California Historical Resources Information System at the South Central Costal Information Center at California State University, Fullerton was also consulted. The records search did not identify any previously recorded cultural resources within the project site. However, a total of 27 resources were identified within a one mile search of the project site. The study also included an intensive field survey of the project site. Parallel, linear transects separated by approximately 15 meters were conducted over the project site on June 30, 2016. The intensive survey of the property did not result in identification of any cultural resources. The site has been previously cleared and partially graded and there was no evidence to suggest the prior existence of any cultural sites on the property. The study also included consultation with Native American Heritage Commission and a requested review of the Sacred Lands Files to determine if any recorded Native American sacred sites or locations of religious or ceremonial importance are present within one mile of the project site. The review of the Sacred Lands File did not indicate the presence of any sacred sites or locations of religious or ceremonial importance within the search radius. The study concludes with the absence of cultural resources in the current project area and surrounding vicinity, no additional cultural work is recommended. In conformance with Assembly Bill 52 (AB52), staff sent a Tribal Consultation Request on January 24, 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 and the Torres Martinez Desert Cahuilla Indians. Following the prescribed timelines for AB52, staff did not receive any requests for consultation. However, the San Manuel Band of Mission Indians sent staff an email dated March 8, 2017 requesting conditions to be added to the approval document for the project. In accordance with the request from the San Manuel Band of Mission Indians, should any undocumented archaeological or cultural resources be discovered during grading activities, adherence to the mitigation measures listed below will ensure that all impacts will be less than significant. Rev 3-1-16 E4—Pg 76 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 47 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Wth Mitigation Than Significant No Impact Incorporated Im act Impact 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 re -contacted if any such find occurs and be provided information and permitted/invited 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 an 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. a. All in -field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan 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. 18. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the () () () (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or () () () (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Require or result in the construction of new storm O O (✓) O water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the () () () (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? Rev 3-1-16 E4—Pg 77 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 48 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Wih Mitigation Than Significant No Impact incorporated Impact fin act e) Result in a determination by the wastewater treatment () () () (✓) provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted () () () (✓) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and () () () (✓) regulations related to solid waste? Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for buildout of the General Plan. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d) The CVWD provides water treatment, storage and distribution of domestic water to Rancho Cucamonga and portions of the cities of Ontario and Fontana, and a tract in Upland. The current daily water usage in the CVWD service area is approximately 41.7 million gallons per day (mgd). Residential water use amounts to about 60 percent of the total water consumed. Landscaping (public and private) is the next largest consumer of water at 20 percent. Under Senate Bill 610 (SB 610), Water Supply Assessments are required for projects that exceed the following sizes: 1) Residential development of more than 500 dwelling units; 2) shipping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet; 3) commercial office buildings employing more than 1,000 persons or having more than 250,000 square feet; 4) hotel or 'motel having more than 500 rooms; 5) industrial, manufacturing, processing plant, or industrial park housing more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet; 6) mixed use project including one or more of the projects specified above; 7) any other project that would demand an amount of water equivalent to or greater than the amount of water required by a 500-dwelling unit project; and 8) any project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system. Under SB 221, a Water Supply Rev 3-1-16 E4—Pg 78 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 49 Less Than Significant Less Issues and Supporting Information Sources: Potentially sign7fcam Wth Mitigation Than Significant No Impact Incorparaletl Im act Impact Assessment is required when: 1) A project that is a residential development of more than 500 dwelling units; 2) a project that accounts for an increase of 10 percent or more in the number of existing service connections for a public water system; and 3) applies to development agreements that Include such subdivision. 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. 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. Additional landfills will not be needed to accommodate the project's 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. 19. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () (✓) () () quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (✓) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () (✓) () ( ) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Figure RC-4. Additionally, the area surrounding the site is developed. The Initial Biological Analysis (TERACOR Resource Management, August 2016) was prepared for the project site. The study detected a number of non-native, weedy plant and common animal species judged to be extremely low in biological value. No special status plant or animal species were detected on the project site. There were also no jurisdictional resources observed on the project site. Although no native habitat types are present on the project site, and Rev 3-1-16 E4—Pg 79 Initial Study for DRC2016-00695 City of Rancho Cucamonga Page 50 Less Than Significant Less Issues and Supporting Information Sources: Potentially Signircant With Mitigation Than Significant NO Impact Incur crated Im act Impact 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. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. Mitigation measures have been included requiring nesting bird and burrowing owl surveys to be conducted prior to approval of a grading plan. With the implementation of these mitigation measures, no impacts are anticipated. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build -out in the City and Sphere -of -Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less -than -significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed -use projects that will be pedestrian friendly and conservation of valuable natural open space. The proposed development of the site is consistent with intended land use as designated in the General Plan. All applicable mitigation measures, including air & water quality, greenhouse gases, cultural & biological resources and noise, and have been imposed to mitigate and reduce impacts to less -than -significant levels. Combined together with all other developments in the City, the project is consistent with the finding of the General Plan Program FEIR and the Statement of Overriding Considerations. c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction -related emissions of criteria pollutants as having a potentially significant impact. As prescribed by SCAQMD, an Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis (Vista Environmental, March 2016) that utilizes CaIEEMod (Version 2013.2.2) to evaluate short-term construction emissions for Regional and localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Greenhouse Gas Emissions. As stated in the Air Quality Section, proposed mitigation measures would further reduce emission levels to less than significant levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Noise Study (Ldn Consulting/August 2016) identified potentially significant impacts associated with the exposure of people to increased noise levels. The study reviewed the potential interior and exterior noise levels. The report concluded that with the proposed mitigation measures (see Noise section above for detailed analysis and mitigation measures), elevated interior and exterior noise levels created by adjacent roadways would be reduced to less than significant. Therefore, mitigation measures contained in this Initial Study will ensure air quality and noise impacts are at less -than -significant levels. Rev 3-1-16 Initial Study for City of Rancho Cucamonga 9500 & 9505 Feron Boulevard Industrial Buildings Page 51 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (✓) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (✓) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (✓) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) () Industrial Area Specific Plan EIR (Certified September 19, 1981) () Industrial Area Specific Plan, Subarea 18, EIR (SCH #93102055, certified June 15. 1994) () Victoria Planned Community EIR (Certified May 20, 1981) () Terra Vista Planned Community EIR (SCH #81082808, certified February 16, 1983) () Foothill Boulevard Specific Plan EIR (SCH #87021615, certified September 16, 1987) () Etiwanda Specific Plan EIR (SCH #82061801, certified July 6, 1983) () Etiwanda North Specific Plan EIR (SCH #89012314, certified April 1, 1992) Rev 3-1-16 E4—Pg 81 Initial Study for 9500 & 9505 Feron Boulevard Industrial Buildings (✓) Phase I Environmental Site Assessment Report (Orswell & Kasman, March 30, 2016) (✓) A Phase I Cultural Resources Assessment (Brian F. Smith and Associates, Inc., August 1, 2016) (✓) Global Climate Change (Ldn Consulting, Inc., August 7, 2016) (✓) Air Quality Assessment (Ldn Consulting, Inc., July 7, 2017) (✓) Noise Study (Brian F. Smith and Associates, Inc., August 7, 2016) (✓) Traffic Impact Analysis (Translutions, Inc., July 27, 2016) (✓) Initial Biological Analysis (TERACOR Resource Management, August 08, 2016) City of Rancho Cucamonga Page 52 (✓) Tree Study (Land Development Design Company, LLC, February 20, 2017) (✓) Tribal Consultation Requests (City of Rancho Cucamonga, January 24, 2017) (✓) Preliminary Delineation and Determination of U.S. Army Corps of Engineers, California Department of Fish and Wildlife and California Regional Water Quality Control Board (TERACOR Resource Management, July 26, 2017) (✓) Geotechnical Investigation (Southern California Geotechnical, April 8, 2016) (✓) Water Quality Management Plan (Land Development Design Company, LLC, July 13, 2016) (✓) Limited Asbestos Inspection (Patriot Environmental Laboratory, April 28, 2017) (✓) Near -Surface Soil Assessment (Avocet Environmental, Inc, May 23, 2017) (✓) Environmental Conditions Summary (Avocet Environmental, Inc, June 13, 2017) Rev 3-1-16 E4—Pg 82 Initial Study for 9500 & 9505 Feron Boulevard Industrial Buildings APPLICANT CERTIFICATION City of Rancho Cucamonga Page 53 I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agre to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clear/ significant environmental effects would occur. Applicant's Signature: / Date: �/ 2- Print Name and Title: L L U D Rev 3-1-16 E4—Pg 83 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Design Review DRC2016-00695 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above -listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will betaken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program Design Review DRC2016-00695 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to knowwhether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. E4—Pg 85 MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: Design Review DRC2016-00695 Initial Study Prepared by: Dat Tran Applicant: William Fox Group Date: August 7, 2017 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance Section & Aif.Quality,. Short Term (Construction) Emissions 1) All clearing, grading,. earth -moving, or PD C Review of Plans A/C 2/4 excavation activities shall cease when winds exceed 25mph per SCAQMD guidelines in order to limit fugitive dust emissions 2) The contractor shall ensure that all disturbed PD C Review of Plans A/C 2/4 unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day 3) The contractor shall ensure that traffic speeds PD C Review of Plans A/C 214 on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 4) All construction equipment shall be maintained PD C Review of Plans A/C 2/4 in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 5) Prior to the issuance of any grading permits, PD/BO C Review of Plans C 2 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 Page 1 of 17 m A I U 00 V Mitigation Measures No. ! Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 6) The construction contractor shall utilize BO C Review of Plans A/C 4 electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that BO C Review of Plans A/C 2/4 construction -grading plans include a statement that work crews will shut off equipment when not in use 8) All asphalt shall meet or exceed performance BO B Review of Plans A/C 2 standards noted in SCAQMD Rule 1108. 9) All paints and coatings shall meet or exceed PD C Review of Plans A/C 2/4 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high -volume, low pressure spray 10) All construction equipment shall comply with BO C Review of Plans A/C 2/4 SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the BO C Review of Plans A/C 2/4 construction site through seeding and watering. • Pave or apply gravel to any on -site haul BO C Review of Plans A/C 2/4 roads. • Phase grading to prevent the BO C Review of Plans A/C 2/4 susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the BO C Review of Plans A/C 2/4 amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of Plans A 4 accordance with local ordinances and use sound engineering ractices. Page 2 of 17 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance • Sweep streets according to a schedule BO C During Construction A 4 established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high BO C During Construction A 4 winds (i.e., wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard BO C During Construction A 4 ratio on soils haul trucks or cover payloads using tarps or other suitable means. 11) The site shall be treated with water or other BO C During Construction A 4 soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PMio) emissions, in accordance with SCAQMD Rule 403. 12) Chemical soil -stabilizers (approved by BO C During Construction A 4 SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Long Term Emissions and Impacts 13) Provide adequate ingress and egress at all BO C During Construction A 4 entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy BO C During Construction A 4 vehicles and shuttle services. 15) Schedule truck deliveries and pickups during BO C During Construction A 4 off-peak hours. 16) Improve thermal integrity of the buildings and BO C During Construction A 4 reduce thermal load with automated time clocks or occupant sensors. 17) Landscape with native and/or drought- BO C During Construction A 4 resistant species to reduce water consumption and to provide passive solar Page 3of17 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance benefits. 18) Provide lighter color roofing and road BO C During Construction A 4 materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) Comply with the AQMP Miscellaneous BO C During Construction A 4 Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. 20) All industrial and commercial facilities shall BO C Review of Plans A 4 post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 21) All industrial and commercial facilities shall PD C Review of Plans A/C 2/3 designate preferential parking for vanpools. 22) All industrial and commercial site tenants with PD C Review of Plans D 2/3 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 23) All industrial and commercial site tenants with PD C Review of Plans D 2/3 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 24) All residential and commercial structures shall BO C/D Review of Plans C 2/4 be required to incorporate high-efficiency/low- polluting heating, air conditioning, appliances, and water heaters. 25) All residential and commercial structures shall BO C/D Review of Plans C 2/4 be required to incorporate thermal pane windows and weather-stripping. 26) All new development in the City of Rancho BO C/D Review of Plans C 2/4 Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of Page 4 of 17 m LID i v LD 0 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Sectioii4,,- Bio_IogicahResources. 1) Three days prior to the removal of vegetation PD B Review of report D 2 or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non- invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction' area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. 2) Perform a Burrowing Owl Survey that is in PD B Review of report D 2 conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit' the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of Page 5 of 17 Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date/initials Sanctions for Non -Compliance 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 Survey and Reports) of the CDFW Staff Report. -Results of the pre - construction survey shall be provided to CDFW and the City. If the pre -construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre - construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. • During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non -migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. i • During the avian nesting season from Page 6 of 17 m A v PQ N Mitigation Measures No. / Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date/initials Sanctions for Non -Compliance 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. :Sectiori:B=Ealttiral Resources .„ - 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect PD/BO C Review of Report AID 314 undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to PD/BO C Review of Report A/D 3/4 require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the PD/BO C Review of Report AID 3/4 archaeological heritage of the area. • Prepare a mitigation plan consistent with PD B/C Review of report A/D 2/4 Section 21083-2 Archeological and plans during resources of CEQA to eliminate adverse construction project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding Page 7 of 17 m A I v La LD w Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance archeological sites, capping or covering site with soil, planning the site as a park or green space or paying an in -kind mitigation fee. • Prepare a technical resources PD C Review of Report A/D 3/4 management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or PD B Review of Report AID 4 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 PD B Review of Report A/D 4 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 BO B/C Review of Report AID 4 being cleared or graded, divert earth - disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Page 8 of 17 m A 1 v to to A Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date lInitials Non -Compliance • Prepare, identify, and curate all PD D Review of Report D 3 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 PD D Review of Report D 3 Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Section 6­ Geology-'and`Soils: - 1) The site shall be treated with water or other BO C During Construction A 4 soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMto 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 BO C During Construction A 4 according to a schedule established by the City to reduce PMto 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 BO C During Construction A 4 wind speeds exceed 25 mph to minimize PMto emissions from the site during such episodes. 4) Chemical soil -stabilizers (approved by BO C During Construction A 4 SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. ,Section .7,- Greenhouse•Gas:Emissions .` , ,, -. -•: Short Term (Construction) GHG Emissions 1) The project must comply with all rules that BO C During Construction A 4 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 Page 9 of 17 Mitigation Measures No. i Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance areas as quickly as possible. 2) The construction contractor shall select BO C During Construction A 4 construction equipment based on low - emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 3) Trucks shall not idle continuously for more BO C During Construction A 4 than 5 minutes. 4) Alternative fuel powered equipment shall be BO C During Construction A 4 utilized in lieu of gasoline- or diesel -powered engines where feasible. 5) Construction should be timed so as not to BO C During Construction A 4 interfere with peak -hour traffic. 6) Ridesharing and transit incentives shall be BO C During Construction A 4 supported and encouraged for construction crew. Long Term (Operational) GHG Emissions 7) Construction and Building materials shall be BO A During Construction C 2 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 BO C During Construction A 4 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 Page 10 of 17 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance 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 SO A During Construction C 2 strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available or as required by the Cucamonga Valley Water District (CVWD). • Install water saving type plumbing fixtures and faucets 'in compliance with the California Plumbing Code, Chapter4. • Design irrigation to control runoff and to remove water to non -vegetated surfaces. 10) Reuse and recycle construction and CE A Review of Plans C 2 demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Section;8 = Hsza"rds,and Waste'Materials,_"_ 1) If soil contamination is suspected or observed PD C During Construction A/D 4 in the project area, or the project proposes to imporUexport soil that is sus ected or Page 11 of 17 m A i v LD V Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance observed to be contaminated, the applicant shall provide a report evaluating status of the soil to determine if it has been contaminated by oil and gasoline. The potential solutions for addressing any contamination and a timeline for implementing the chosen solution shall be included in the report. If the soil is contaminated, it shall be disposed of properly in accordance with all applicable and relevant laws and regulations. Section 9 iHydiologyandsU ater'Quality. Construction Activities 1) Prior to issuance of grading permits, the BO B/C/D Review of Plans A/C 214 permit applicant shall submit to Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on -site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented BO B/C/D/ Review of Plans A/C 2/4 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 Page 12 of 17 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance within a specified time frame. 3) During construction, temporary berms such BO B/C/D Review of Plans A/C 214 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, BO B/C/D Review of Plans A/C 2/4 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 BO B/C/D Review of Plans A/C 2/4 permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Post -Construction Operational 6) Prior to issuance of building permits, the BO B/C/D Review of Plans A/C 214 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 BO B/C/D Review of Plans A/C 2/4 controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped Page 13 of 17 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. Grading Activities 8) The developer shall implement the BMPs BO B/C/D Review of Plans A/C 2/4 identified in the Water Quality Management Plan prepared by (name/date) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. -Section,12_- Noise„ Exterior 1) Prior to the issuance of any grading plans a PD/BO B Review of Plans CIA 4 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) All future on -site activities shall adhere to the BO C During Construction A 4 City's noise standards. Noise levels shall not exceed 80 dBA anywhere on the lot. Interior 3) Construction or grading shall not take place BO C During Construction A 4 between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not BO C During Construction A 4 exceed the standards specified in Development Code Section 17.66.110, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Page 14 of 17 m A 1 v �n J 0 0 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance 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. 5) Haul truck deliveries shall not take place PO/BO C During Construction A 4/7 between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6) The developer shall provide all buyers with a PD B/C/D/E Review of Report C/D 2/7 real estate transaction disclosure identifying the ONT Airport in the City of Ontario and possible exposure to impacts associated with aircraft operations (e.g., aircraft noise). This disclosure shall be recorded against the property for future transactions. Section 17 —Tribal Cultural Resources 1) If human remains or funerary objects PD C During Construction A 4 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 Page 15 of 17 m 1 v m 0 Mitigation Measures No. / Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /Initials Non -Compliance that code enforced for the duration of the project. 2) In the event that Native American cultural PD C During Construction A 4 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 re - contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. 3) If significant Native American historical PD C During Construction A 4 resources, as defined by CEQA (as amended, 2016), are discovered and avoidance cannot be ensured, an SOI- qualified archaeologist shall be retained to develop an 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. a. All in -field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by a representative of a Native American tribe previously contacted during the Tribal Consultation process. Page 16 of 17 Mitigation Measures No. I Implementing Action Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verified Date /Initials Sanctions for Non -Compliance 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. Key to Checklist Abbreviations Responsible Person__'' .-Monitoring Frequencyt • Method of Verification _ Sanctions CDD - Community Development Director or designee A - With Each New Development A - On -site Inspection 1 - Withhold Recordation of Final Map PD - Planning Director or designee B - Prior To Construction B - Other Agency Permit / Approval 2 -Withhold Grading or Building Permit CE - City Engineer or designee C - Throughout Construction C - Plan Check 3 - Withhold Certificate of Occupancy BO - Building Official or designee D - On Completion D - Separate Submittal (Reports/Studies/ Plans) 4 - Stop Work Order PO - Police Captain or designee E - Operating 5 - Retain Deposit or Bonds FC - Fire Chief or designee 6 - Revoke CUP 7 - Citation Page 17 of 17 'I1 l_ a gg Pp Y E April 10, 2017 City of Rancho Cucamonga Planning Commission P.O. Box 807 Rancho Cucamonga, CA 91729-0807 RE: Design Review DRC2016-00695 To The Rancho Cucamonga Planning Commission �UCP�O�GP C\� of APR � 4 20t1 �G I own the property directly adjacent to the proposed development. These two buildings seem too large for the parcels of land that they are being put on, and for the immediate area. There is nothing that large in that immediate area and this will bring a lot of truck traffic to the roads in that area. The proposed buildings are being designed purposely for large tractor trailer type trucks, in a neighborhood that has not been built to handle it. These trucks will be forced to go out to Ninth Street by way of Helms Avenue or Industrial Lane and on Ninth Street they will have to go to Archibald Avenue or Vineyard Avenue. Neither one of the intersections have been constructed to handle this kind of traffic, especially the intersection at Ninth Street and Archibald Avenue. They are also proposing an exit into the Davies Industrial Park on Ninth Street. There is absolutely no way that the Davies Industrial Park and the ones adjacent to them could handle any extra truck traffic, especially the size of the ones proposed. These issues need to be addressed, before this project is approved. Please feel free to contact me, if you have any questions. Thank You, David R Moore President Moore Electric, Inc. Electrical/General Contractor File: RCucamonga4.10.17 EXHIBIT M (909) 941N99 3StreG10 No. 575048ca FAX: (909) 941307114 E4—Pg 103 L�ILIU�L July 11, 2017 City of Rancho Cucamonga City Council Members Planning Commission Members 10500 Civic Center Drive Rancho Cucamonga. CA 91730 RE. Large Trucks on Ninth Street To Whom It May Conccn'. CITY OF RANCHO CUCAMONGA JUL 2 7 2017 RECEIVED - PLANNING Ninth Street needs to be fi\cd before anymore big rig trucks are allowed on Ninth Street. Ninth Suet is not set up lot, it. The corner of Ninth Street and Archibald Avenue just recently had a power pole snapped off and a fire hydrant sheared off. This is because they do not belong at tier in:cisection of Ninth Street and Archibald Avenue at all. That intersection is not designed !or it. As 1 have said in my previous letters, Ninth Street and Elellman Avenue, Ninth Street and Vineyard Avenue and Ninth Street and Archibald Avenue are not designed for btu. rigs. I am for the development that bas been proposed by Bill Fox. Please use the funds from his project to fix these intersections. If you have any further questions, please do not hesitate to contact me. thank You. 0/l/ok David R Moore Property Owner 9449-9453 Ninth Street Rancho Cucamonga, C',% 917311 Cc: Bill Willlcopf, Craig Cruz. Doug Sanders - Daily Bulletin, Bill Fox File: RCucamonga7.11.1 7 9449 Ninth Street • Rancho Cucamonga, CA 91730 (909) 941-9983 • C-1QENopV�W • FAX: (909) 941-7114 Tuesiday, July4, 2017» MORE AT FACEBOOK.COM/DAILYBULLETIN AND RANCHO CUCAMODIGA BIG RIG SNAPS POWER POLE Rancho Cucamonga firefighters along with employees from Southern California Edison and the Cucamonga Valley Water District work to shut off a broken fire hydrant and secure a sheared power pole at the corner of Ninth Street and Archibald Avenue on Monday. WILL LESTER STAFF PHOTOGRAPHER By Doug Saunders dsaunders@scng.com @crimeshutterbug on Twitter RANCHO CUCAMONGA n A big rig making a right- hand turn sheared a fire hydrant and snapped a power pole Monday af- ternoon, shutting down an intersection for a few hours. Shortly before 12:30 p.m. the tractor -trailer was making a right-hand turn from Archibald Avenue onto Ninth Street when he cut his turn too short, clip- ping a fire hydrant, Ran- cho Cucamonga Fire Dis- trict spokeswoman Kelley Donaldson said. "His truck snagged a guidewire for the power pole, snapping it," she said. The driver was unin- jured but a geyser of wa- ter was streaming above the broken hydrant and officials couldn't turn it off until Southern Cali- fornia Edison shut down the power from the wires. Traffic resumed in the area about two hours later, officials said. E4—Pg 105 MEMORANDUM DATE: August 24, 2017 TO: John R. Gillison, City Manager Members of the City Council and Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Dat Tran, Assistant Planner SUBJECT: CORRESPONDENCE RECEIVED REGARDING A TRAFFIC ACCIDENT AT THE INTERSECTION OF 9TH STREET AND ARCHIBALD AVENUE Mr. Moore owns property located at 9449-9453 9th Street. He previously had concerns that a proposed industrial warehouse project on Feron Boulevard would generate heavy truck traffic on 9th Street and nearby intersections. Staff had resolved Mr. Moore's concerns, and he is no longer against the project. A recent accident involving a truck at the corner of 9th Street and Archibald Avenue on July 3, 2017 caught Mr. Moore's attention. In his letter (dated July 11, 2017), he restates his concern that 9th Street is not designed for big trucks and now requests that the funds from the proposed project be used to widen nearby intersections along 9th Street. ANALYSIS: Contrary to Mr. Moore's statement, 9th Street and nearby intersections are designated for truck traffic per the City's General Plan. A 2017 traffic study shows that 9th Street and nearby intersections will have an acceptable Level of Service with any new truck traffic included. Mr. Moore's conclusion draws mainly from the accident on July 3rd. However, there have only been 3 other truck -related accidents at the intersection of 9th Street and Archibald in the past 51/z years: 03/14/13 — An eastbound truck turned right and sideswiped a car stopped at the signal. 07/30/14 — An eastbound car turned right and sideswiped a truck stopped at the signal. 03/29/17 — A northbound truck turned left and sideswiped a car at the signal. All four accidents were the result of improper vehicle handling, resulting in non -injury accidents. Mr. Moore's request to use development impact fees to widen 9th Street and Archibald Avenue is also not possible. The intersection is not part of the approved list of projects that the funds can be allocated toward. Furthermore, the intersection can only be widened at the southwest and northwest corners. The southwest corner is vacant and can be conditioned as part of a future development. The northwest corner is already developed, and widening would have to occur at City expense. NEXT STEPS: Mr. Moore's concerns will be addressed in the staff report for the warehouse project on Feron Boulevard, and his letter included as an attachment. Staff will notify Mr. Moore of the Planning Commission date of the project so that he can attend and provide comments at the meeting. Staff does not recommend widening 9th Street given the present circumstances. ATTACHMENTS: Location Map — Feron Industrial Project and 9th Street/Archibald Avenue Intersection Letter from Mr. Moore dated July 11, 2017 EXHIBIT N E4—Pg 106 -y t "E119lr. S! c,vrr)ji -' , a .. Qr �il of ur cell c ' —Poo! 1 -.. n • Q -.. , .? - 3 i YA Alck Pu (� �eronl9 - al rb Ferol ON e odyear Rubber.. RAM r r ion serylCe r _ > Ak Google Mica. ' ' _ I RESOLUTION NO.17-84 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2016-00695, A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF TWO INDUSTRIAL BUILDINGS TOTALING 150,003 SQUARE FEET ON TWO SEPARATE PARCELS TOTALING 7.52 ACRES OF LAND IN THE GENERAL INDUSTRIAL (GI) DISTRICT, LOCATED NORTH OF 8TH STREET AND WEST OF INDUSTRIAL LANE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0209-032-28, 0209- 032-29. A. Recitals 1. The applicant, Rancho Cucamonga Properties, LLC, filed an application for Design Review DRC2016-00695, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review is referred to as "the application." 2. On April 12, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application. 3. On April 12, 2017, City staff requested a continuance for the project to a date unspecific in order to resolve issues raised during the CEQA public comment period. 4. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 5. 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 the Planning Commission during the above -referenced public hearing on September 27, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: b. The application applies to property located within the City; and C. The application applies to two separate parcels of land, approximately 3.12 and 4.40 acres in size, located north of 8th Street and west of Industrial Lane, on opposite sides of a future right-of-way extension for Feron Boulevard, and are currently designated General Industrial; and d. The property to the north, east and west contains industrial warehouse buildings in the General Industrial (GI) District, and the site is bounded by the Metrolink Rail Line to the south; and E4—Pg 108 PLANNING COMMISSION RESOLUTION NO.17-84 DESIGN REVIEW DRC2016-00695 - CITY OF RANCHO CUCAMONGA September 27, 2017 Page 2 e. The property contains a 0.64 acre drainage basin at the southeast corner of the site and an easement extending from the future right-of-way extension for Feron Boulevard to an existing Sprint monopalm wireless communications facility along the east property line; and f. The proposed onsite improvements consist of two industrial warehouse buildings, totaling 64,509 and 85,494 square feet, of which 5,000 square feet is dedicated to office space in each building, parking and landscape improvements; and g. The proposed project meets or exceeds all Development Code standards. As conditioned, the industrial buildings will meet all applicable General Industrial (GI) District Development Code standards for industrial development. 3. Based upon the substantial evidence presented to this Commission during the above referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan. The site is located within land designated as General Industrial. The General Industrial designation permits a wide range of industrial activities that include manufacturing, assembling, fabrication, wholesale supply, heavy commercial, green technology, and office uses. The project consists of two industrial warehouse buildings on two separate parcels of land on opposite sides of a future right- of-way extension for Feron Boulevard. Parcel 1 is 3.12 acres and consists of a 64,509 square foot industrial warehouse building, including 5,000 square foot dedicated to office space. Parcel 2 is 4.40 acres and consists of an 85,494 square foot industrial warehouse building, also including 5,000 square feet dedicated to office space. Both buildings are designed for wholesale warehousing with ancillary office uses. All site improvements, including parking and landscaped areas, are designed to be consistent with the warehousing use and are consistent with the General Industrial land use as designated in the General Plan. b. The proposed use is in accord with the objectiveS of the Development Code and the purposes of the district in which the site is located. The Development Code designates the project site as a General Industrial (GI) District. The potential industrial and warehousing land uses that would be associated with this project are consistent with the General Industrial (GI) District. The zoning of the adjacent sites to the property are also in the General Industrial (GI) District and consist of industrial warehouse buildings. The design of the project site and building is similar in scale and intensity to neighboring lots. Parcel 1 has a Floor Area Ratio (FAR) of 0.52 and Parcel 2 has an FAR of 0.45. Both buildings are below the maximum 0.60 FAR allowed in the General Industrial (GI) District. G. The proposed use is in compliance with each of the applicable provisions of the Development Code. The buildings are designed for industrial warehouse operations with ancillary office space to support the main warehousing use. The buildings meet all setbacks, floor area and height requirements. The buildings have been designed to meet the City's architectural standards. Both parcels meet the minimum parking, access and landscaping requirements. Therefore, the project meets all applicable provisions of the Development Code. 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 site is surrounded by industrial facilities of a similar scale and E4—Pg109 PLANNING COMMISSION RESOLUTION NO.17-84 DESIGN REVIEW DRC2016-00695 - CITY OF RANCHO CUCAMONGA September 27, 2017 Page 3 intensity and bounded to the south by the Metrolink Rail Line. Operations on the site are expected to meet all Development Code standards regarding noise and odor. The project site is located within'/4 mile of potentially sensitive receptors, including a residential condominium complex, two single-family homes and a Montessori school. However, mitigation measures have been applied to the project to reduce air quality and noise impacts to a less -than -significant threshold. Therefore, the proposed use is not expected to be detrimental to public health, safety, welfare, and/or materially injurious to properties or improvements. 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, 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. During the public comment period, City staff received comments from the Department of Toxic Substances, Southern California Air Quality Management District, Native American Heritage Commission, San Manuel Band of Mission Indians, .and the Southern California Regional Rail Authority. Staff consulted with each agency to resolve concerns of potential impacts regarding hazardous materials, air quality, Native American cultural resources and site access to the Metrolink right-of-way. The applicant provided new and revised studies to both the Department of Toxic Substances and the Southern California Air Quality Management District. Staff received approval from the Department of Toxic Substances to conduct a review of the new studies and determine whether the studies addressed the concerns raised. Staff reviewed the two reports provided by the applicant and determined that they fully addressed all concerns raised. Staff also received approval from the Southern California Air Quality Management District for the updated Air Quality Assessment (dated July 7, 2017). The applicant provided plans showing how the Metrolink right-of-way access will be restricted to the satisfaction of the Southern California Regional Rail Authority and no additional concerns were raised. Staff resolved concerns from the Native American Heritage Commission and the San Manuel Band of Mission Indians by incorporating mitigation measures and conditions of approvals to address issues raised. C. Following approval from all agencies, the applicant proposed removal of mitigation measures 3 & 4 from the Biological Resources section in the proposed Mitigated Negative Declaration. The proposed mitigation measures required the applicant to consult with the Army Corps of Engineers and the California Department of Fish and Wildlife (CDFW) to determine whether modification of onsite conveyance ditches and basin would require a permit from either agency. The applicant provided staff with a Preliminary Delineation Determination report (dated April 19, 2017) that stated that the Army Corps of Engineer and CDFW had no jurisdiction over the site's conveyance ditches and basin. The report concluded that no permits E4—Pg 110 PLANNING COMMISSION RESOLUTION NO.17-84 DESIGN REVIEW DRC2016-00695 - CITY OF RANCHO CUCAMONGA September 27, 2017 Page 4 would be required. Staff removed the two mitigation measures and recirculated the Mitigated Negative Declaration pursuant to CEQA Guidelines Section 15073.5 on August 14, 2017. d. 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. e. 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. f. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA M- Francisco Oaxaca. Chairman ATTEST: Candyce Burnett, Secretary E4—Pg 111 PLANNING COMMISSION RESOLUTION NO.17-84 DESIGN REVIEW DRC2016-00695 - CITY OF RANCHO CUCAMONGA September 27, 2017 Page 5 I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of September 2017, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: E4—Pg 112 Conditions of Approval Community Development Department Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Please be advised of the following Special Conditions 1. The proposed site is located within the boundary of the Ontario Airport Land Use Compatibility Plan (OALUCP). The OALUCP requires the preparation of a Real Estate Disclosure to notify future buyers that the building is located within potential overflight areas prior to building permits. 2. All walls, including retaining walls, exposed to public view shall be constructed of decorative masonry blocks, i.e., slump stone, split -face, or have a decorative finish such as stucco texture to match a concrete tilt up wall. 3. All wrought iron fences and sliding gates shall be painted black or similarly dark color. 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 Double Detector Checks (DDC) and Fire Department Connections (FDC) shall be screened behind a 4-foot high block wall. These walls shall be constructed of similar material used on -site to match the building. 5. 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. Tables, chairs/benches, and waste receptacles shall be provided. 6. In the event that 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. 7. 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, San Manuel Band of Mission Indians will be contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. Printed'. 9/19/2017 w .Cityol`RC.us E4—Pg 113 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Please be advised of the following Special Conditions 8. In the event that significant Native American historical resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, an SOI-qualified archaeologist shall be retained to develop an 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. • All in -field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by a San Manuel Band of Mission Indians Tribal Participant(s). • The Lead Agency and/or applicant shall, in good faith, consult with San Manuel Band of Mission Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the project. 9. Prior to issuance of grading permits, the applicant shall provide a report discussing the status of the soil on -site to determine if it has been contaminated by residual pesticides and their potential impact to human health and environment. If the soil is contaminated, it shall be disposed of properly in accordance with all applicable and relevant laws and regulations. The potential solutions for addressing any contamination and a timeline for implementing the chosen solution shall be included in the report. 10. Prior to issuance of grading permits, the applicant shall provide a report discussing the status of the soil on -site to determine if it has been contaminated by oil and gasoline. If the project's development involves soil export/import, the excavated soil shall be sampled prior to export/disposal. If the soil is contaminated, it shall be disposed of properly in accordance with all applicable and relevant laws and regulations. If the project proposes import soil to backfill the excavated areas, proper evaluation and/or sampling shall be conducted to make sure that the imported soil is free of contamination. The potential solutions for addressing any contamination and a timeline for implementing the chosen solution shall be included in the report. 11. Prior to the issuance of grading permits, the applicant shall provide staff with all air quality and health risk assessment models as requested by the South Coast Air Quality Management District. The models shall be provided in the electronic format as deemed acceptable by the South Coast Air Quality Management District. Standard Conditions of Approval 12. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. Printed: 9/19/2077 wm.CityofRC.us Page 2 of 23 E4—Pg114 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 13. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 14. 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. 15. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 16. 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. 17. All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. 18. The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the midmorning, afternoon, and after work is done for the day. 19. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. 20. 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. 21. Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 22. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 23. The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. wrwv.CityofRC.us Printed: 9/79/2917 Page 3 of 23 E4—Pg 115 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000' Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 24. All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 25. 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. 26. All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on -site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24 inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 27. The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB)) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 28. 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. 29. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 30. Provide preferential parking to high occupancy vehicles and shuttle services. 31. Schedule truck deliveries and pickups during off-peak hours. 32.Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 33. Landscape with native and/or drought -resistant species to reduce water consumption and to provide passive solar benefits. 34. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 35. Comply with the AQMP Miscellaneous Sources PRC-03, and Stationary Sources Operations Enhanced Inspection and Maintenance and ADV-MISC to reduce emissions of restaurant operations. Printed: 9/19/2017 www.CityofRC.us Page 4 of 23 E4—.Pg116 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 36. 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). 37. All industrial and commercial facilities shall designate preferential parking for vanpools. 38. All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 39. 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. 40.24)All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 41. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 42. All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. 43. Three days prior to the removal of vegetation or ground -disturbing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Occupied nests shall not be disturbed unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg -laying or incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. If the biologist is unable to verify one of the above conditions, then no disturbance shall occur within 300 feet of non -raptor nests, and within 500 feet of raptor nests, during the breeding season to avoid abandonment of the young. If nests are discovered, they shall be avoided through the establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area shall be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Printed: 9/19/2017 www.CltyomC.us Page 5 of 23 E4—Pg 117 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 44. Perform a Burrowing Owl Survey that is in conformance with the Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation and submit the written report outlining the findings to the California Department of Fish and Wildlife (CDFW) and the Planning Department within 30 days of groundbreaking activity. The survey shall include a habitat assessment, survey and impact analysis. The Burrowing Owl Survey shall follow the following protocol: Burrowing Owl Survey methodology shall be based on Appendix D (Breeding and Non -breeding Season Surveys and Reports) of the CDFW Staff Report. Results of the pre- construction survey shall be provided to CDFW and the City. If the pre - construction survey does not identify burrowing owls on the project site, then no further mitigation is required. If burrowing owls are found to be utilizing the project site during the pre -construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid Impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and will at minimum include establishment of buffer setbacks from occupied burrows and owl monitoring. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction survey, the site shall be resurveyed for owls. During the non -breeding season from September 1 through January 31, if burrows are occupied by migratory or non- migratory resident burrowing owls during a pre - construction survey, burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. During the avian nesting season from February 1 through August 31, if nests are discovered, they shall be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and have left the nest, construction in the area may resume. Printed: 9/19l2017 www.CityofRC.us Page 6 of 23 E4—Pg 118 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 45.If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Pursue educating the public about the archaeological heritage of the area. Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in -kind mitigation fee. Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 46.If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities. Should fossils be found within an area being cleared or graded, divert earth - disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Archaeological Information Center for permanent archiving. Printed: 9/19/2017 wewv.CilyofRC.us Page 7 of 23 E4—Pg 119 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 47. The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re -planted with drought resistant landscaping as soon as possible. 48. Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off -site. Timing may vary depending upon the time of year of construction. 49. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 50. 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. 51. 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. 52. The construction contractor shall select construction equipment based on low -emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 53. Trucks shall not idle continuously for more than 5 minutes. 54. Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel -powered engines where feasible. 55. Construction should be timed so as not to interfere with peak -hour traffic. 56. Ridesharing and transit incentives shall be supported and encouraged for the construction crew. 57. 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. 58. 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. Printed: 9/19/2017 www.CityofRC.us Page B of 23 E4—Pg 120 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 59. Prepare a comprehensive water conservation strategy appropriate for the project and include the following; Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. Design irrigation to control runoff and to remove water to non- vegetated surfaces. 60, 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. 61. 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. 62. 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. 63. 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. 64. 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. 65. Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. www.CltyofRC.us Printed: 9/19/2017 Page 9 0(23 E4—Pg 121 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 66. 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. 67. Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 68. The developer shall implement the BMPs identified in the Preliminary Water Quality Management Plan (Madole & Associates, February 2016) to reduce construction pollutants from entering the storm drain system to the maximum extent practical. 69. 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. 70. All future on -site activities shall adhere to the City's noise standards. Noise levels shall not exceed 80 dBA anywhere on the lot. 71. Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 72. Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.110, as measured at the property line. Developers shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 73. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes and include appropriate noise mitigation measures. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 74. Idling equipment shall be turned off when not in use. 75. The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. Printed: 9/19/2017 Nnvw.CilyofRC.us Page 10 0! 23 E4—Pg 122 Project#: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial building Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 76. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction. 77. The construction contractor shall change the timing and/or sequence of the noisiest construction operations to avoid sensitive times of the day. 78. During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with the manufacturers' standards. 79. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. 80. For commercial and industrial projects, paint roll -up doors and service doors to match main building colors. 81. 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. 82. For multi -family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on -site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 83. The final design of the perimeter parkways, the required landscape plans and shall be coordinated for consistency with any parkw Engineering Services Department. 84. The site shall be developed and maintained Site Plans, architectural elevations, exterior grading on file in the Planning Department, Code regulations. walls, landscaping, and sidewalks shall be included in subject to Planning Director review and approval and ay landscaping plan which may be required by the in accordance with the approved plans which include materials and colors, landscaping, sign program, and the conditions contained herein, and the Development 85. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction_ of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. Printed: 9/19/2017 w .CityofRC.us Page 11 of 23 E4—Pg 123 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: Project Type: 9500 FERON BLVD - 020903228-0000 Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 86.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. 87. 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. 88.If soil contamination is suspected or observed in the project area, or the project proposes to import/export soil that is suspected or observed to be contaminated, the applicant shall provide a report evaluating status of the soil to determine if it has been contaminated by oil and gasoline. The potential solutions for addressing any contamination and a timeline for implementing the chosen solution shall be included in the report. If the soil is contaminated, it shall be disposed of properly in accordance with all applicable and relevant laws and regulations. 89.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. 90. 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 re -contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. 91.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 an 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. All in -field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by a representative of a Native American tribe previously contacted during the Tribal Consultation process. • 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. 92. The developer shall provide all buyers with a real estate transaction disclosure identifying the ONT Airport in the City of Ontario and possible exposure to impacts associated with aircraft operations (e.g., aircraft noise). This disclosure shall be recorded against the property for future transactions. Printed: 9/1912017 www.CityofRC.us Page 12 of 23 E4—Pg 124 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Engineering Services Department Please be advised of the following Special Conditions 1. Submit proposed lot line adjustment between parcel 1 and parcel 5 of PM 4511 to planning for planning and engineering approval. Engineering fees apply. 2. Provide a legal description of the "Unrecorded Private Sewer Easement' for approval. Private sewer easement in favor of parcel 1 of PM 4511shall then be recorded with the county. Engineering plan check fees apply. 3. Because parcel 5 and parcel 6 are two legal lots, ownership may change in the future. Provide a private storm drainage easement over parcel 6 in favor of parcel 5 for the private storm drain located on parcel 6. Also an access easement shall be dedicated to the city for access to the basin but shall not encompass the basin. 4. The existing basin on Parcel 6 is proposed was constructed in -lieu of constructing the Master Plan Storm Drain in 8th street to Hellman Avenue. A Maintenance agreement exists between the City and the owner for maintenance of the basin. The agreement shall be updated to City requirements. It will be the owners responsibility to continue maintenance of the basin until all downstream storm drain facilities are completed. The proposed drainage easement will not be accepted by the City for the basin. 5. 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. 6. Development impact fees per the Engineering Fee Schedule will be collected prior to issuance of the building permit. Note: Fees are subject to change annually 7. Feron Boulevard frontage improvements to be in accordance with City "Collector Industrial" standards as required and including: A. Provide curb & gutter, sidewalk, street lights, and signing and striping as required. B. Driveways shall be in accordance with the City Driveway Policy including aligning driveways on opposite side of street. Standard Conditions of Approval 8. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 9. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. vnrvw.CilyofRC.us Printed: 9/1912017 Page 13 at 23 E4—Pg 125 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 10. 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. 11. 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. 12. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Formation costs shall be borne by the developer. 13. Add the following note to any private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans." If there is a discrepancy between the public and private plans, the street improvement plans will govern. 14. Construct the following street improvements including, but not limited to: Curb & Gutter A.C. Pvmt Side -walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in -lieu of construction fee shall be provided for this item. Printed: 9/19/2017 vnwv.CityofRc.us Page 74 0(23 E4—Pg 126 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. - Engineering Services Department Standard Conditions of Approval 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. 16. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. Printed: 9/1912017 w .CltyofRC.us Page 15 of 23 E4—Pg 127 Project *: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: Project Type: 9500 FERON BLVD - 020903228-0000 Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department 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 _ (typically Sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 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. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 19. All public improvements (interior streets, . drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 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. Printed: 9/79/2017 www.CityofRC.us Page 16 of 23 E4—Pg 128 Project #: DRC2016-00695 CEQ.A2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildinc Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 23. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 24. Process dedication of the one foot "non -access" strip lot "A" as shown on PM 4511. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The new structures are required to be equipped with automatic fire sprinklers as required by the CBC and Current RCFPD Ordinance. Disabled access for the site and building must be in accordance to the State of CA and ADA regulations. Bollards must be installed behind the trailer spaces to allow for FD access and egress path of travel clearances to the staircase of Building 1 Grading Section Standard Conditions of Approval 1. 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. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. Printed: 9/1912017 v .CityofRC.us Page 17 of 23 E4—Pg 129 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Grading Section Standard Conditions of Approval 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 15. This project shall comply with the accessibility requirements of the current adopted California Building Code. 16. 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'. w .CityofRC.us Page 1 B of 23 Printed: 9/19/2017 E4—Pg 130 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 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 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 (Feron Boulevard) 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 CBC1804.3/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. 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. 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. Printed: 9/19/2017 www.CilyofRC.us Page 19 at 23 E4—Pg 131 Project #: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Grading Section Standard Conditions of Approval 23. A review of the conceptual grading and drainage plan and the preliminary water quality management plan shows that it is the intent of the engineer of record to drain the surface storm water flows to a retention basin. The basin shall be designed to accept multiple storm events (100-year storm event and Antecedent Moisture Condition 3) using the methodology outlined in the current adopted San Bernardino County Hydrology Manual. 24. 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). 25. 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. 26. 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). 27. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 28. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 29. 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. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. W W W.cltyof`[Rc.uS Printed: 9/19/2017 Page 20 or 23 E4—Pg132 Project#: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment best management practices (BMP) devices, as provided for in the project's Storm Water Quality Management Plan, shall be provided for by CC&R's or deeds and shall be recorded prior to the issuance a grading permit. Said CC&R's and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 32. 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. 33. 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. 34. Prior to the issuance of a building permit or Engineering Services Department issued right of way permit, the applicant shall submit to the Building Official, or his designee, a final project specific water quality management plan for review and approval, and shall have said document recorded with the San Bernardino County Recorder's Office. 35. 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. 36. 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. 37. 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. Printed: 9/19/2017 www.CityafRC.US Page 21 of 23 E4—Pg 133 Project#: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Grading Section Standard Conditions of Approval 38. 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'. 39. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 40. 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. 41. 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. Printed: 9/19/2017 www.CityofRC.us Page 22 of 23 E4—Pg134 Project;: DRC2016-00695 CEQA2016-00020 Project Name: 64,510 & 85,661 sq ft industrial buildings Location: 9500 FERON BLVD - 020903228-0000 Project Type: Design Review CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Grading Section Standard Conditions of Approval 42. 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. I. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. w .CityofRC.us Printed: 9/19/2017 Page 23 of 23 E4—Pg 135