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HomeMy WebLinkAbout2020-10-28 Agenda Packet - PC-HPC CITY OF ■ . ■ * ■ Historic Preservation Commission and Planning Commission Agenda October 28, 2020 Rancho Cucamonga, CA 91730 7:00 p.m. PURSUANT TO GOVERNOR GAVIN NEWSOM'S EXECUTIVE ORDER N-29-20 THIS MEETING WILL BE HELD AS A TELECONFERENCE MEETING In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements,and to ensure the health and safety of our residents by limiting contact that could spread the COVID- 19 virus, there will be no members of the public in attendance at the Planning Commission Meetings. Members of the Planning Commission and staff will participate in this meeting via teleconference. In place of in-person attendance, members of the public can observe and offer comment at this meeting via Zoom: VIEW MEETING VIA ZOOM APP OR ZOOM.COM AT: zoom.us/join using Webinar ID: 996 1690 0594 -or- YOU CAN DIAL-IN USING YOUR PHONE UNITED STATES: + 1 (669) 900-6833 Access Code: 996 1690 0594 A. Call to Order and Pledge of Allegiance B. Public Communications This is the time and place for the general public to address the Commission on any item listed or not listed on the agenda. The Commission may not discuss any issue not included on the Agenda but set the matter for a subsequent meeting. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of October 14, 2020. D. Public Hearings D1. TIME EXTENSION DRC2020-00310 — RICHLAND COMMUNITIES — A request for a one (1) year time extension for a previously approved Tentative Tract Map SUBTT18908 -The subdivision of approximately 10.6 acres (located at the northwest corner of East Avenue and Wilson Avenue) into 30 single-family detached lots within the Low (L) Residential District, Equestrian Overlay District, and Etiwanda North Specific Plan — APN: 1087-081- 25. E. General Business - None F. Director Announcements G. Commission Announcements H. Workshop - None I. Adjournment 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. For each of the items listed under"PUBLIC HEARING ITEMS", the public will be provided an opportunity to speak. To address the Planning Commission via Zoom App, click the "Raise Hand" button when the item you wish to comment on is being discussed. On Zoom via phone, you can also raise your hand by pressing *9 when the item you wish to comment on is being discussed. Comments will be limited to 5 minutes per individual. If a large number of individuals wish to speak on an item, the Chairman may limit the time to 3 minutes in order to provide an opportunity for more people to be heard. Speakers will be alerted when their time is up, and no further comments will be permitted. If you wish to speak concerning an item not on the agenda, you may do so under"PUBLIC COMMENTS." As an alternative to participating in the meeting, you may submit comments in writing to Elizabeth.Thornhill@cityofrc.us by 12:OOpm on the date of the meeting. Written comments will be distributed to the Commissioners and included in the record. 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. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are available at www.CitvofRC.us. 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$3,206 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while the meeting is in session. I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday, October 22, 2020, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. HPC/PC Agenda —October 28, 2020 Page 2 of 2 CITY OF ■ . ■ * ■ Historic Preservation Commission and Planning Commission Agenda October 14, 2020 MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. A. Call to Order The meeting of the Historic Presentation Commission and Planning Commission was held on October 14, 2020. The meeting was called to order by Chairman Guglielmo at 7:00pm. Planning Commission present: Chairman Guglielmo, Vice Chair Oaxaca, Commissioner Dopp, Commissioner Morales, and Commissioner Williams. Staff Present: Nick Ghirelli, Assistant City Attorney; Anne McIntosh, Planning Director; Elizabeth Thornhill, Executive Assistant; Jason Welday, Engineering Director; Dat Tran, Assistant Planner; David Eoff, Sr. Planner; Baldwin Ngai, Associate Engineer. B. Public Communications Chairman Guglielmo opened the public communications and hearing no comment, closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of September 9, 2020. Motion by Commissioner Williams, second by Vice Chair Oaxaca. Motion carried 5-0 to adopt the minutes as presented. D. Public Hearings - None E. General Business E1. PRESENTATION — SB743 Implementation - Engineering will present an informational item regarding SB743, which changes the methodology and thresholds for traffic impacts from LEVEL OF SERVICE (LOS) to VEHICLE MILES TRAVELED (VMT). Jason Welday, Director of Engineering and Baldwin Ngai, Associate Engineer, presented Commissioners with a presentation and video explaining the City's newly adopted guidelines setting Vehicle Miles Traveled thresholds for California Environmental Quality Act compliance. (Copy on file). Commissioner Morales stated it was a great presentation. Added, glad they were able to work with the regional agencies to come up with data. Commissioner Dopp asked what the consequences are of significant increase of impact for VMT. Jason Welday, Director of Engineering, explained it is possible for projects to much more easily fall into a significant impact under a VMT metric. The difficulty comes in mitigation. Under a level of service model, mitigation appears more apparent than under VMT. There are a number of recommended mitigations in the guidelines, but the developer would have to show their use actually results in mitigation. Commissioner Dopp stated he was looking at the map and a lot of the industrial areas do not fall under the less than 15% threshold. What are the consequences in terms of the General Plan moving forward, how we might look at that area. Anne McIntosh, Planning Director, talked about the Planning side and the motivation behind this policy was to try and encourage cities to develop policies to encourage in-fill development. Looking at how it applies to the General Plan, is one of the things the General Plan Team is talking about. How to make it easier for people to get from one place to the other, without people needing to drive so far. As we look at the General Plan, it is something we are considering as it applies to land use decisions. Commissioner Dopp asked are there consequences or other guidelines the City has to meet in terms of the VMT numbers. Jason Welday replied he is not aware of any other directly related to VMT numbers. Explaining VMT has been used for a long time for generation of the greenhouse gas emissions calculations in the CEQA process. For a number of years, it has already been incorporated into the CEQA document as part of the GHG section. It is geared towards encouraging different land uses and different land use patterns. Nick Ghirelli, Assistant City Attorney, added that SB7843 and the implementing CEQA guidelines do give the City some discretion to decide what the most appropriate threshold of the significance will be for VMT. He knows of some cities that have said, if your projects are not actually reducing VMT by more than 10% than you have a significant impact on traffic. Jason and staff justified the threshold used here and it was based on substantial evidence. Anne McIntosh stated for Commission purposes, what you will see with projects you are reviewing is that standards have been applied. It will either be below or above the threshold. Any kind of mitigation that is required will come along with the project. You should be able to make sound legal decisions because they are quantifiable standards. Commissioner Williams asked regarding new projects, do we use new VMT standards or will it be in conjunction with new and old. Jason Welday explained CEQA no longer allow use of Level of Service metrics anymore. VMT is the only metric that will be used now for transportation impact under CEQA. However, we still use Level of Service for design purposes. As the team looks at the General Plan, they will probably get a little bit more granular with how the General Plan looks at the Level of Service design metric. Nick Ghirelli mentioned the level of service is still appropriate for purposes of meeting General Plan Policies and Goals and can be used to make sure that a project will ultimately be consistent with the General Plan before you approve it. Vice Chair Oaxaca stated he noticed the same thing on the map as Commissioner Dopp, the area considered to be more industrial part of town. He asked, does this create a heavier burden on those projects and does HPC/PC Minutes—October 14, 2020 Page 2 of 4 Draft that lead us to start rethinking whether those types of projects really fit within those scenarios looking at VMT or do they fit differently in some way. Jason Welday replied the final guidelines that were adopted by Natural Resources Agency and proposed by OPR kind of bifurcated the trips related to freight. Explaining, in their assessment of VMT, the guidelines do not look at truck trips but look at the employee/customer trips. The truck trips are set aside, and they look at the employee trips. If the use is going to attract employees from a local area, then it could generate less than average VMT. It's an important area the team will look at for the next 20 years or so in the General Plan. Vice Chair Oaxaca asked a question for Planning staff. Raising the level of density and looking at more mixed-use type projects, you are concentrating users in a better area. As we go through this General Plan Update process again, any thoughts on how we might approach that issue since the direction from Council and this Commission agrees that we do want to encourage innovative projects that really try to combine housing and those amenities to meet some of these goals, stating it's been a challenge. Anne McIntosh replied one of the elements of the General Plan is the mobility element. Jason has been working with the General Plan CORE Team in terms of establishing mobility policies. They will get some items on the mobility, housing and land use element that helps address some of these questions before projects come in. Jason Welday stated they are still working through those details. It ties in with the land use element as to where you place density and land use types. Where and how the roads are placed along with grid patterns, which play into those decisions very closely. Ann McIntosh mentioned to Vice Chair Oaxaca to bring his question back again in December when they will bring the land use alternatives to the Commission. Looking at different alternatives that either congregate density or disperse it with different goals in mind. Vice Chair Oaxaca asked are there also provisions to relook at our threshold over time in case conditions change or things that we do not predict or expect come up. Jason Welday responded yes and explained one of the aspects staff asked Council to approve as part of the guidelines was ability for the process to be updated from time to time. It was included in the recommendation Council approved. They will look at the threshold at a future date. Chairman Guglielmo asked regarding the video viewed earlier, it seems subjective to him and asked who is responsible for calculating that number and what goes into it. Baldwin Ngai explained there are two primary trains of thoughts when you try to calculate VMT. One is the origin-destination method. The other method is looking at production-attraction, which is looking at how a project type is going to generate trips and how a project type is going to track trips from other locations. Data comes from either survey data or big data that tracks the trips' distances. All those play into the regional transportation analysis model, which keeps track of the average trip distance and trip frequency to help do the calculation. Chairman Guglielmo asked does the applicant bring the data points to you. Baldwin Ngai answered that the City does not have the capability to run those models. Explaining, the City depends on SBCTA maintaining models for our use and reference. Adding, the applicants are doing all the heavy lifting and calculating on the back end. HPC/PC Minutes—October 14, 2020 Page 3 of 4 Draft Jason Welday explained that SBCTA manages and maintains their Regional Transportation Model for the County. When a project is required to do a VMT analysis, their traffic engineer will get the raw data from SBCTA's model and run it through their own modeling software adding in the project. If additional data is needed, then anonymized big data is utilized in the process. Chairman Guglielmo opened for public communications and hearing no comment, closed communications. F. Director Announcements Anne McIntosh, Planning Director, thanked each Commissioner for meeting with her to talk about ideas as we go forward with the General Plan. It was very helpful. Confirmed the one and only November HPC/PC meeting is scheduled for November 12th @ 6:OOpm. G. Commission Announcements - None H. Workshop — None I. Adjournment Motion by Vice Chair Oaxaca, second by Commissioner Morales to adjourn the meeting; motion carried unanimously, 5-0 vote. Meeting was adjourned at 7:53pm. Respectfully submitted, Elizabeth Thornhill Executive Assistant, Planning Department Approved: HPC/PC Minutes—October 14, 2020 Page 4 of 4 Draft CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 28, 2020 TO: Chairman and Members of the Planning Commission FROM: Anne McIntosh, AICP, Planning Director INITIATED BY: Mena Abdul-Ahad, Assistant Planner SUBJECT: TIME EXTENSION DRC2020-00310 — RICHLAND COMMUNITIES — A request for a one (1) year time extension for a previously approved Tentative Tract Map SUBTT18908 - The subdivision of approximately 10.6 acres (located at the northwest corner of East Avenue and Wilson Avenue) into 30 single- family detached lots within the Low (L) Residential District, Equestrian Overlay District, and Etiwanda North Specific Plan - APN: 1087-081-25. RECOMMENDATION: • Approve Time Extension DRC2020-00310 for Tentative Parcel Map SUBTT18908 through the adoption of the attached Resolution of Approval. PROJECT AND SITE DESCRIPTION: The project site consists of approximately 10.6 acres of undeveloped land located northwest of the intersection of East Avenue and Wilson Avenue. The rectangular subject parcel has a linear dimension, from north to south, of approximately 659 feet and approximately 662 feet from east to west. The project site is covered with ornamental grasses and gravel. The subject property is within the Low (L) Residential District. The site is surrounded by vacant land in all directions. The existing Land Use, General Plan and Zoning designation for this project site and surrounding properties are as follows: Land Use General Plan Zoning Low Residential (2.0-4.0 Low Residential (L) District Site Vacant Dwelling Units Per Acre) Etiwanda North Specific Plan Equestrian Overlay District Low Residential (2.0-4.0 Low Residential (L) District North Vacant Dwelling Units Per Acre) Etiwanda North Specific Plan Equestrian Overlay District Very Low Residential (Up to 2.0 Very Low Residential (VL) District South Vacant Dwelling Units Per Acre) Etiwanda Specific Plan Equestrian Overlay District Very Low Residential (Up to 2.0 Very Low Residential (VL) District East Vacant Dwelling Units Per Acre) Etiwanda Specific Plan E uestrian Overlay District Low Residential (2.0-4.0 Low Residential (L) District West Vacant Dwelling Units Per Acre) Etiwanda North Specific Plan Equestrian Overlay District 007 PLANNING COMMISSION STAFF REPORT TIME EXTENSION DRC2020-00310— RICHLAND COMMUNITIES October 28, 2020 Page 2 BACKGROUND: The subdivision will have two points of access; one along the future extension of Wilson Avenue and one along the future extension of East Avenue. The design of the proposed subdivision is consistent with the surrounding residential subdivisions within the area. The proposed 30 lots will be developed in accordance with the Low(L) Residential District, Equestrian Overlay District, and Etiwanda North Specific Plan standards. The application has a request to extend the approval period of Tentative Tract Map SUBTT18908 by one additional year. This request is the final time extension allowed pursuant to Development Code Section 16.16; extensions may be granted in twelve month increments for a period not exceeding a total of five years. Upon the initial approval of SUBTT18908 on September 28, 2016, the approval period was for a duration of 3 years and was set to expire on September 28, 2019. A breakdown of the approval history of the subject tentative tract map is as follows: Tentative Tract Map 18908 Approval History Approving Approval/Extension Approval Approval Expiration Authority Type Period Date Date Planning Initial Approval 3 Years Sept 28, 2016 Sept 28, 2019 Commission PC Reso. 16-48 Planning Time Extension Commission DRC2019-00564 1 Year Sept 25, 2019 Sept 25, 2020 PC Reso. 19-57 Planning Proposed Time Commission Extension 1 Year Oct 28, 2020 Oct 28, 2021 DRC2020-00310 ANALYSIS: Subdivision Map: Municipal Code Section 16.16.170 (Extensions)states that tentative tract maps may be extended for a time period not exceeding five (5) years. The municipal code requires that a request for a time extension be submitted not less than 60 days prior to the expiration date. The applicant submitted a letter (Exhibit A) on August 4, 2020, stating a one (1) year extension is necessary to allow time for the completion of environmental permits with the US Army Corps of Engineers and the US Fish and Wildlife Service. This application involves a 1-year time extension request, which would set the expiration date to October 28, 2021. If approved, this will be the applicants final time extension request. Public Art: This subject Tentative Tract Map Time Extension is exempt from providing public art as outlined in Chapter 17.124 of the Development Code as the project is not tied to any developments. However, public art will be required once the architectural drawings have been submitted to the Planning Department. Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on September 28, 2016 in connection with the City's approval of Tentative Tract Map SUBTT18908. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe 008 PLANNING COMMISSION STAFF REPORT TIME EXTENSION DRC2020-00310 — RICHLAND COMMUNITIES October 28, 2020 Page 3 impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicate new or more severe environmental impacts; or(iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. The applicant submitted a Biological Resource Memorandum (ESA Consulting; July 27, 2020) which reviewed whether changes have occurred on the project site that would necessitate new or different mitigation measures. The report concluded that no substantial changes have occurred on the project site that would necessitate new or modified mitigation measures. The report also concluded that the recommended mitigation measures that were detailed in the 2016 Biological Resource Assessment is consistent with the site conditions that were observed in 2020. Staff has evaluated Time Extension DRC2020-00310 and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The application is for a one (1) year time extension of a previously approved Tentative Tract Map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, nor have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The applicant has not proposed any changes to the originally approved entitlements. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2020-00310. FISCAL IMPACT: The project site currently is assessed an annual property tax. A percentage of this annual tax is shared with the City. The proposed development will increase the value of the project site and the City's annual share of the property tax will increase accordingly. The project proponent will also be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the application, the proposed map extension for 30 single-family detached homes will enhance the premier community status by adding additional housing which will increase the City's housing supply. This project is also consistent with the goals and policies of the General Plan and the objectives of the Development Code as the General Plan land use and zoning designations of the project site are Low Residential and the subdivision is for residential purposes. 009 PLANNING COMMISSION STAFF REPORT TIME EXTENSION DRC2020-00310 — RICHLAND COMMUNITIES October 28, 2020 Page 4 CORRESPONDENCE: This item was advertised as a public hearing with a regular page legal advertisement in the Inland Valley Daily Bulletin newspaper on October 13, 2020, the property was posted on October 19, 2020, and notices were mailed to all 30 property owners within a 660-foot radius of the project site on October 15, 2020. To date, no comments have been received regarding the project notifications. EXHIBITS: Exhibit A - Time Extension Request Letter dated August 4, 2020 Exhibit B - Planning Commission Staff Report dated September 25, 2019, related Conditions of Approval and Resolution of Approval. Exhibit C - Planning Commission Staff Report Dated September 28, 2016, related Conditions of Approval and Resolution of Approval. Draft Resolution of Approval No. 20-44 for Time Extension DRC2020-00310 010 -(:K) RICHLAND August 4, 2020 City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Map Time Extension Tentative Tract No. 18908 APN: 1087-081-25-0-000 To Whom It May Concern: Richland Communities is requesting a one (1) time year extension on Tentative Tract No. 18908. We are still processing the environmental permits with US Army Corps of Engineers and US Fish and Wildlife Serve. The notification of Lake or Streambed Alteration was issued by the state on November 19, 2018. (Please see attached) I have also enclosed the following documents as requested: • Environmental Assessment from Environmental Science Associates • Project roster • Property Ownership list—Three (3) sets • Radius Map • Filing Fees Should you have any questions or need any additional information please call me at 949-205- 0185. Sincerely, Jessica Toohey Richland Communities Project Coordinator cc: John H. Schafer, Richland Communities Exhibit A 3161 Michelson Drive - Suite 425 • Irvine, California 92612 • 949.261.7010 • Fax 949.261.7016 011 CITY OF • . a . STAFF REPORT DATE: September 25, 2019 TO: Chairman and Members of the Planning Commission FROM: Anne McIntosh, Planning Director INITIATED BY: Mena Abdul-Ahad. Assistant Planner SUBJECT: TIME EXTENSION DRC2019-00564— RICHLAND COMMUNITIES —A request for a one (1) year time extension for a previously approved Tentative Tract Map SUBTT18908—The subdivision of approximately 10.6 acres into 30 single- family detached lots within the Low (L) Residential District, Etiwanda North Specific Plan located at the northwest corner of East Avenue and Wilson Avenue —APN: 1087-081-25. RECOMMENDATION: Staff recommends approval of a one (1) year Time Extension DRC2019-00564 through the adoption of the attached Resolution of Approval. PROJECT AND SITE DESCRIPTION: The project site consists of approximately 10.6 acres of undeveloped land located northwest of the intersection of East Avenue and Wilson Avenue. The rectangular subject parcel has a linear dimension, from north to south, of approximately 659 feet and approximately 662 feet from east to west. The project site is covered with ornamental grasses and gravel. The subject property is within the Low (L) Residential District. The site is surrounded by vacant land in all directions. The existing Land Use, General Plan and Zoning Designation for this project site and surrounding properties are as follows: Land Use General Plan Zoning Low Residential (2.0-4.0 Dwelling ' Low Residential (L) District Site Vacant Units Per Acre) Etiwanda North Specific Plan E uestrian Overt District North Vacant Low Residential (2.0-4.0 Dwelling Low Residential (L) District Units Per Acre) Etiwanda North Specific Plan Very Low Residential (Up to 2.0 Very Low Residential (VL) District South Vacant Dwelling Units Per Acre) Etiwanda Specific Plan Equestrian Overlay District Very Low Residential (Up to 2.0 Very Low Residential (VL) District East Vacant Dwelling Units Per Acre) Etiwanda North Specific Plan Equestrian Overlay District Low Residential (2.0-4.0 Dwelling Low Residential (L) District West Vacant Etiwanda North Specific Plan Units Per Acre) Equestrian Overlay District Exhibit B 012 PLANNING COMMISSION STAFF REPORT DRC2019-00564-- RICHLAND COMMUNITIES September 25, 2019 Page 2 BACKGROUND: The subdivision will have two points of access, one along the future extension of Wilson Avenue and one along the future extension of East Avenue. The design of the proposed subdivision is consistent with the surrounding residential subdivisions within the area. The proposed 30 lots will be developed in accordance with the Low Residential District, Etiwanda North Specific Plan standards. The Application is a request to extend the approval period of Tentative Tract Map SUBTTM18908 by one additional year. Upon the initial approval of SUBTTM18908 on September 28, 2016, the approval period was for a duration of 3 years and was set to expire on September 28, 2019. A breakdown of the approval history of the subject tentative tract map is as follows: Tentative Tract ap 18908 Approving Authority Approval/Extension Approval Approval Expiration Type Period Date Date Planning Commission Initial Approval 3 Years Sept 28, 2016 Sept 28, 2019 PC Reso 16-48 Proposed Time Sept 25, 2020 Planning Commission Extension DRC2019- 1 Year Sept 25, 2019 (proposed) 00564 ANALYSIS: Subdivision Map: Municipal Code Section 16.20.100 (Extensions) states that tentative parcel maps may be extended for a time period not exceeding 2 years. The municipal code requires that a request for a time extension be submitted not less than 60 days prior to the expiration date. The applicant submitted a letter (Exhibit B) on July 29, 2019, stating a one (1) year extension is necessary to allow time for the completion of environmental permits with the US Army Corps of Engineers and the US Fish and Wildlife Service. Flexibility with the 60-day submittal period has been afforded to applicants in the past who were unaware of the submittal time limit. This application involves a 1-year time extension request, which would set the expiration date to September 25, 2020. If approved,the applicant will have the opportunity to apply for one additional time extension request. Public Art: This subject Tentative Tract Map Time Extension is exempt from providing public art as outlined in Chapter 17.124 of the Development Code as the project is not tied to any developments. However, public art will be required once the architectural drawings have been submitted to the Planning Department. Environmental Assessment: Pursuant to the California Environmental Quality Act(CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on September 28, 2016 in connection with the City's approval of Tentative Tract Map SUBTT18908. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicate new or more severe environmental impacts; or (iii) new 013 PLANNING COMMISSION STAFF REPORT DRC2019-00564-- RICHLAND COMMUNITIES September 25, 2019 Page 3 important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. The applicant submitted a Biological Resource Memorandum (ESA Consulting; April 29, 2019) which reviewed whether changes have occurred on the project site that would necessitate new or different mitigation measures. The report concluded that no substantial changes have occurred on the project site that would necessitate new or modified mitigation measures. The report also concluded that the recommended mitigation measures that were detailed in the 2002 Biological Resource Assessment is consistent with the site conditions that were observed in early 2019. Staff has evaluated Time Extension DRC2019-00564 and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The application is for a one (1) year time extension of a previously approved Tentative Tract Map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, nor have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The applicant has not proposed any changes to the originally approved entitlements. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2019-00564. FISCAL IMPACT: The project site currently is assessed an annual property tax. A percentage of this annual tax is shared with the City. The proposed development will increase the value of the project site and the City's annual share of the property tax will increase accordingly. The project proponent will also be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. COUNCIL GOAL(S)ADDRESSED: Although a specific current City Council goal does not apply to the application, the proposed map extension for 30 single-family detached homes will enhance the premier community status by adding additional housing which will increase the City's housing supply. This project is also consistent with the goals and policies of the General Plan and the objectives of the Development Code as the General Plan land use and zoning designations of the project site are Low Residential and the subdivision is for residential purposes. CORRESPONDENCE: This item was advertised as a public hearing with a regular page legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. To date, no comments have been received regarding the project notifications. 014 PLANNING COMMISSION STAFF REPORT DRC2019-00564-- RICHLAND COMMUNITIES September 25, 2019 Page 4 EXHIBITS: Exhibit A - Aerial Photo Exhibit B - Time Extension Request Letter dated August 5, 2019 (updated) Exhibit C - Planning Commission Staff Report dated September 28, 2016, related Conditions of Approval, and related Resolution of Approval. Exhibit D - Resolution 19-57 - Recommendation Approval of Time Extension DRC2019-00564 015 RESOLUTION NO. 19-57 .A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING-TIME EXTENSION DRC2019-00564, A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME, EXTENSION OF A PREVIOUSLY APPROVED TENTATIVE TRACT MAP SUBTT16908,A.SUBDIVISION OF APPROXIMATLEY 10.6 ACRES INTO 30. SINGLE-FAMILY DETACHED LOTS WITHIN THE LOW (L) RESIDENTIAL DISTRICT, THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER- OF EAST AVENUE AND WILSONE AVENUS; AND MAKING FINDINGS IN-SUPPORT THEREOF —APN: 1087-081-25. A. Recitals. 1. Richland Communities, Inc.filed an application a time extension to.extend the approval period of Tentative Tract Map SUBTT48908,, as described in the title. of this Resolution. Hereinafter in this Resolution,the subject Tentative Tract Map Time Extension request is,,referred to as"the application." 2. On September 28; 2016;.:this Commission adopted Resolution 'No. 16-48, thereby approving the application subject to speck conditions and time limits. 3. On September 25,2019,the Planning Commission.of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 4. On September 25, 2019, the Planning Commission of the City of Rancho Cucamonga approved a one (1) year time .extension for Tentative Tract Map SUBTT18908; extending the approval period to September 25, 2020'. 5. All legal prerequisites. rior 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: f 1. This Commission hereby specifically finds that all ofthe facts set forth in the Recitals, Part A,of this Resolution are true and correct. 2. Based upon substantial'evidence presented to this Commission, during the above- referenced public hearing on September 25,2019, including written and oral staff reports,together with public testimony,this.Commission hereby specifically finds,as follows: a. The application applies to a 10.6-6cre rectangular shaped parcel of land located on'the northwest corner of'East Avenue and Wilson Avenue,with a linear dimension, from north to south,_ of approximately 659 feet and a linear dimension, from east to west,of approximately 662 feet and is presently undeveloped; and b. The site is surrounded by vacant land In all directions.The zoning of the subject property and the properties to the north and west are Low(L)Residential❑i"strict'and the'Etiwanda Exhibit D 016 PLANNING COMMISSION RESOLUTION NO. 19-57 TIME EXTENSION DRC2019-00564—RICHLAND COMMUNITIES, INC. September 25, 2019 Page 2 North Specific Plan, while the zoning of the properties to the east and south are Very low (VL) Residential District and Etiwanda Specific Plan; and C. The subdivision of the project site conforms to all applicable development standards of the Development Code for the Low(L) Residential District, Etiwanda North.Specific Plan; and d. This.application is a request to extend the approval period of Tentative Tract Map SUBTT1890B for one (1) additional year. The time extension is necessary to allow time for the completion of environmental permits with the US Army Corps of Engineers and the US Fish and Wildlife Service. 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 previously approved Tentative Tract Map is consistent with the City's current General Plan, Municipal Code, ordinances, plans, codes, and policies. The proposed project is for the subdivision of 10.6 acres of land for 30 single-family detached lots development. The project site is within the Low(L) Residential District, Etiwanda North Specific Plan, which permits the development of single-family projects with a density of maximum 4 dwelling units per acre. The approved 30-unit single"familydevelopment on the project site has a density of approximately 2.83 dwelling units per acres; and b. The site is physically suitable for the type of development proposed. Currently the site is undeveloped. The project involves grading of the site to comply with City requirements and to be consistent with previously approved tract maps within the vicinity of the subject property; and C. The proposed subdivision, 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,and d. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision complies with all development standards outlined in the Development Code for single-family projects within the Low (L) Residential District, Etiwanda North Specific Plan, including density, setbacks and design; and e. The time extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions. 4. Based. upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on September 28, 2016, in connection with the City's approval of Tentative Tract:Map SUBTT18908. Pursuant to 017 PLANNING COMMISSION RESOLUTION NO, 19-57 TIME EXTENSION DRC2019-00564 — RICHLAND COMMUNITIES, INC September 25, 2019 Page 3 CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicate new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered: or(iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT18908, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. In April of 2019, a biological resource update letter was submitted as part of the request for the previous one (1) year time extension request. The April 2019 letter states that no substantial changes have occurred on the project site that would necessitate new or modified mitigation measures. The report also concluded that the recommended mitigation measures that were detailed in the 2002 Biological Resource Assessment is consistent with the site conditions that were observed in early 2019. The application is for a one (1) year time extension of a previously approved Tentative Tract Map with no proposed changes to the scope of the original approval, Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Tentative Tract Map SUBTT18908. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension.The new expiration date for Tentative Tract Map SUBTT18908 is September 25, 2020, 6. All applicable Conditions of Approval in Resolution No. 07-59 for SUBTT18908 shall apply to Time Extension DRC2019-00564. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF SEPTEMBER 2019. PLANNING C ITY OF ANCHO CUCAMONGA BY: T ny Guglie m ATTEST �. Anne Mclntos , Secretary 018 PLANNING COMMISSION RESOLUTION NO. 19-57 TIME EXTENSION'DRC2019-00564--RICHLAND COMMUNITIES, INC. September 25, 2019 Page 4 I, Anne McIntosh, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City.of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 25th day of September 2019, by the following vote-to-wit: AYES: COMMISSIONERS: DOPP, GUGLIELMO, MUNOZ, OAXACA,WIMBERLY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: r 019 OConditions of Approval RANCHO C,[CCAMONGA Community Development Department Project#: DRC2018-01013 Project Name: EDR - SINGLE FAMILY HOUSE Location: -- - 106120109-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Submit landscape plan to the Planning Department prior to issuance of building permits. Standard Conditions of Approval 2. 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. 3. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 4. 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. 5. 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. 6. 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. 7. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 8. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. Engineering Services Department Please he advised of the following Special Conditions www.CityofRC,us Printed:9/2412019 020 Project#: DRC2018-01013 Project Name: EDR -SINGLE FAMILY HOUSE Location: --- 106120109-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Development Impact Fees Due Prior to Building Permit Issuance: (Subject to Change / Periodic Increases - Refer to current fee schedule to determine current amounts) Drainage Impact Fee Transportation Impact Fee Library Impact Fee Animal Center Impact Fee Police Impact Fee Park In-Lieu I Park Impact Fee Park Improvement Impact Fee Community & Recreation Center Impact Fee 2. Have a registered civil engineer revise City Drawing # 462 for the street improvement(s) listed above prior to building permit issuance (plan check fees apply) 3. Prior to any work being performed in public right-of-way, fees shall be paid and an Engineering Construction Permit (separate from the Building Permit) shall be obtained from the Engineering Services Department in addition to any other permits required Standard Conditions of Approval 4. Construct the following perimeter street improvements including, but not limited to: Drive Approach (City Standard Dwg. No. 101) Street Trees 5. 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. 6. The developer shall be responsible for the relocation of existing utilities as necessary. www.CityofRC.us Printed:9124/2019 Page 2 of 7 021 Project#: DRC2018-01013� Project Name: EDR-SINGLE FAMILY HOUSE Location: --- 106120109-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard,Conditions of Approval 7. 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- Lagerstroemia hybrid 'Tuscarora' Common Name-Crepe Myrtle Min. Grow Space Spacing -20' O.C. 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. 8. 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. Fire Prevention I New Construction Unit Standard Conditions of Approval 1. This project is located in the in the designated Wildland-Urban Interface Fire Area. Construction is required to comply with Chapter 7A of the California Building Code. 2. This project is located in the in the designated Wildland-Urban Interface Fire Area. A landscaping plan that conforms to the requirements for the Wildland-Urban Interface Fire Area is required to be submitted to the Fire District for review and approval. The landscaping plan is required to detail the plant species that are proposed. Plants, shrubs, and trees must be appropriate for the climate zone. The Fire District's vegetation management requirements and list of Undesirable Plants and Trees have been uploaded to the Documents section. The landscape plan is required to include a note stating that any changes to. the approved landscaping plan are required to be approved by the Fire District before any changes are made. Building and Safety Services De artment www.CityofRC.us Printed:9/24/2019 Page 3 of 7 022 Project#: DRC2018-01013 Project Name: EDR-SINGLE FAMILY HOUSE Location: --- 106120109-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department PIease be advised of the following Special Conditions 1. This site is located in the fire area designated VHFHSZ, all structures must be constructed with ignition resistant or noncombustible materials in accordance with the approved Fire protection Plan and/or the most current edition of the CA Building Code including all local ordinances and standards. When the Entitlement Review is approved submit complete construction drawings including energy and structural calculations to Building and Safety for plan review in accordance with the stricter regulations of the approved Fire protection Plan (if applicable) for the development and 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. A soils report is required for new structures. Vegetation must be design and installed in accordance to the guidelines from the RCFPD for sites located in the VHFHSZ fire area. 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 City Engineering, or designee, 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. 6. if a Rough Grading and Drainage Plan/Permit are submitted to the Engineering Services Department for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 7. 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. www.C1tyofRC.us Printed:9/2412019 Page 4 of 7 023 Project#: DRC2018-01013 Project Name: EDR -SINGLE FAMILY HOUSE Location: --- 106120109-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 8. 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. 9. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.31CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and, CBC2512.1.21CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 10. The proposed private sewage disposal (septic) system shall be located in the front yard to allow a future connection to a public sewer main, 11. DESIGN ISSUE; The average high ground water level for the subject property is -feet below the surface of the ground. Therefore prior to the issuance of any building permit, the applicant shall provide as a project condition of approval a separate Private Sewage Disposal (septic) plan showing the maximum depth of any proposed seepage pits to be 10-feet above the average high ground water level (or -feet below the ground surface). www.QtyofRC.us Printed:9/24/2019 Page 5 of 7 024 Project#: DRC2018-01013 Project Name: EDR -SINGLE FAMILY HOUSE Location: --- 106120109-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Grading Section Standard Conditions of Approval 12. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance. of any building permit the applicant shall comply with Section 4.106.2 (Storm water drainage and retention during construction) of the current adopted California Green Building Standards Code: Projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, shall manage storm water drainage during construction. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site. 1. Retention basins of sufficient size shall be utilized to retain storm water on the site. 2. Where storm water is conveyed to a public drainage system, collection point, gutter or similar disposal method, water shall be filtered by use of a barrier system, wattle or other method approved by the enforcing agency (City of Rancho Cucamonga). 3. Compliance with a lawfully enacted storm water management ordinance. 13. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.3 (Grading and Paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how the site grading or drainage system will 'manage all surface water flows to keep water from entering building. Examples of methods to manage surface water include, but are not limited to, the following: 1. Swales. 2. Water collection and disposal systems. 3. French drains. 4. Water retention gardens. 5. Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. 14. Grd.0017 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". 15. f during construction more than 5,000 square feet of combined asphalt concrete and PCC parking and driveway surface (impervious) area are proposed and/or removed and replaced, a priority final project-specific Water Quality Management Plan (WQMP) will be required for this project. If less than 5,000 square feet of impervious area is proposed a non-priority Water Quality Management Plan shall be required. 16. During Grading plan check review engineer shall provide typical cross sections at all boundaries on the Conceptual Grading and Drainage Plan. All sections shall be drawn to scale. In addition, the cross section drawn must show the greatest impact to the neighboring property. Provide vertical scale. www.CRyofRC.us Printed:9/24/2019 Page 6 of 7 025 Project#: DRC2018-01013 Project Name: EDR-SINGLE FAMILY HOUSE Location: --- 106120109-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section www.cityofRC.us Printed;9/24/2019 Page 7 of 7 026 STAFFREPORT PLANNING DER RTMENT DATE: September 28, 2016 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner BY: Dominick Perez, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18908 - RICHLAND VENTURES, INC. -A proposed subdivision of approximately 10.6 acres into 30 single-family detached lots within the Low(L) Residential District in the Etiwanda North Specific Plan located at the northwest corner of East Avenue and Wilson Avenue APN: 1087-081-25. Staff has prepared a Mitigated Negative Declaration of environmental impacts and with a public hearing will consider the project and amended mitigation measures. RECOMMENDATION: Staff recommends approval of Tentative Tract Map SUBTT18908 and adoption of the revised Mitigated Negative Declaration of environmental impacts.by adoption of the attached Resolution of Approval with conditions. BACKGROUND: This item was previously scheduled for a,Planning Commission public hearing that was to be held on March 23, 2016. On March 22, 2016, the Planning Department received a letter (Exhibit H) from the California Department of Fish and Wildlife (CDFW) in response to the project's Mitigated Negative Declaration that was circulated on February 18, 2016. The letter provided comments and recommendations relating to the Biological Resources section of the Mitigated Negative Declaration. Staff requested a continuance to allow the applicant the time to adequately prepare a response to CDFW's comments/recommendations. These comments and recommendations are discussed in further detail within the Environmental Assessment section below. The applicant and the applicant's biologist have since worked with Staff and submitted a response that addresses the concerns described in the letter. PROJECT AND SITE DESCRIPTION: A. Project Density: 2.83 dwelling units per acre. B. Surroundina Land Use and Zonina: North - Vacant; Low (L) Residential District, Etiwanda North Specific Plan (ENSP) South Vacant; Very Low (VL) Residential District, Etiwanda Specific Plan (ENSP) East Vacant; Very Low (VL) Residential District, Etiwanda North Specific Plan (ENSP) West Vacant; Low (L) Residential District, Etiwanda North Specific Plan (ENSP) C. General Plan Designations: Project Site Low Residential North - Low Residential South Very Low Residential East - Very Low Residential West - Low Residential D. Site Characteristics: The project site consists of approximately 10.6 acres of undeveloped land located northwest of the intersection of East Avenue and Wilson Avenue. Both streets Exhibit C 027 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 2 currently terminate at the intersection and do not continue northward (East Avenue) and westward (Wilson Avenue). The subject parcel has a linear dimension, from north to south, of approximately 659 feet and a linear dimension, from east to west of approximately 662 feet.With the exception of a residential subdivision to the southwest, the site is surrounded by vacant land in all directions. The zoning of the subject property and the properties to the north and west is Low (L) Residential District, while the zoning of the properties to the east and south is Very Low (VL) Residential District. The project site and all surrounding properties are within the Etiwanda North Specific Plan (ENSP). ANALYSIS: A. General: The applicant, Richland Ventures, Inc., is proposing to subdivide a property of approximately 10.6 acres into 30 lots for single-family residential development; the applicant does not intend to construct the homes at this time. The lots will be developed in accordance with the development standards that apply to single-family residential development within the Low (L) Residential District, Etiwanda North Specific Plan (ENSP) including density, lot width and depth, minimum and average lot area, street width, and wall design. For example, the proposed density for the project is 2.83 dwelling units per acre. The maximum density allowed is 4 dwelling units per acre. Individual lot areas will range between 7,451 square feet to 26,051 square feet; the average lot area is 10,007 square feet. The required minimum net average lot area is 10,000 square feet. The conceptual grading plan indicates the highest pad elevation is 1,645 feet at the northwest corner of the site, and lowest pad elevation is 1,635 feet at the southwest corner of the site. There are 2:1 slopes along the northern and northwestern portion of the site within the rear yard area of Lots 1 thru 13, and at the south and east perimeters of the site along East Avenue and Wilson Avenue. The slopes along East Avenue and Wilson Avenue will be within a private landscape easement that will be maintained by a homeowners association created for this subdivision. The subdivision will have two points of access, one along the future extension of Wilson Avenue and one along the future extension of East Avenue. The design of the proposed subdivision is consistent with the surrounding residential subdivisions including the adjacent subdivision, of 358 lots on approximately 150.8 acres, located to the north and west of the subject property that was approved by the City Council on June 16, 2004(related file: Tentative Tract Map SUBTT16072). The lots within Tract 16072 are similar in size and layout to the lots of the proposed project. Per the ENSP, this site is located within the "Upper Etiwanda" neighborhood, which requires specific site design features.The Upper Etiwanda neighborhood entry monument will be installed at the northwest corner of Wilson Avenue and East Avenue in accordance with Exhibit 25(A) of the ENSP, which was included as an attachment to the Design Review Comments (Exhibit E). A stone wall 30 inches in height (maximum) with a concrete cap and low pilaster will be constructed. Also, per the ENSP, a theme wall is required along lots that abut Wilson Avenue and East Avenue. The theme wall will consist of a concrete block cap with a stucco color and finish that will match the existing walls in the surrounding area. The stone used in the monument entry and theme wall columns is Coronado stone. 028 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 3 B. Technical Review Committee: The project was reviewed by the Technical Review Committee. (TRC)on September 15, 2015. Preliminary conditions were discussed. The Committee accepted the proposal and recommended approval. The Committee's conditions of approval, including dedication and construction of the northerly extension of East Avenue and westerly extension of Wilson Avenue, have been incorporated in the Resolution of Approval. C. Design Review Committee: The project was reviewed by the Design Review Committee (DRC) on September 15, 2015. No major issues were discussed in the DRC Comments (Exhibit E). However, there were two secondary issues involving landscaping. To address these, the Committee added conditions of approval requiring a) the street trees for the project to be in accordance with the City's acceptable street tree list, and b) future development of this site to comply with the water efficient landscaping standards specified in Chapter 17.82 of the Development Code. The Committee recommended approval of the project to the Planning Commission. D. Neiahborhood Meetina: On October 26, 2015, a neighborhood meeting was conducted by the applicant at Summit Intermediate School located at 5959 East Avenue. The intent of this meeting was to invite property owners within a 660-foot radius of the project boundaries for input relating to the project. There were three attendees. During the meeting, the applicant presented the tentative tract map and conceptual grading plan for the proposed project. The attendees were generally curious about the project and, otherwise, did not identify any concerns or major issues with the application. E. Assembly Bill 52: On November 9, 2015, per AB 52, the Soboba Band of Luiserio Indians and the San Manuel Band of Mission Indians were notified of the project.The purpose of that notice was to determine if either tribe desired consultation to discuss the proposal. Staff received a series of correspondences via letters and email from both tribes. Per a letter dated December 7, 2015, the Soboba Band of Luiseno Indians indicated that the tribe does not,have any specific concerns regarding known cultural resources in the specific area that the project encompasses. They also went on to request that the approved Native American Monitors be present during any future ground disturbing proceedings, including survey and archaeological testing, associated with this project. On November 17, 2015, staff received a response email from the San Manuel Band of Mission Indians, requesting to review a Cultural Resource Assessment (CRA) for the site.After reviewing the CRA, the San Manuel Band requested to know why the issue of potential for subsurface cultural deposits was not specifically addressed. According to the CRA and Paleontological Review .conducted by FirstCarbon Solutions on September 5, 2.014, no archaeological or historical cultural resources were found, and the proposed project is expected to have no impacts on any archaeological -or historic resources. Per the Cultural Resources Assessment, the recommendations section addresses the potential for subsurface archaeological materials based on the results of the records searches (2 searches) and pedestrian survey. Based on the records searches and site surveys, FirstCarbon Solutions has determined the project to have a low potential for encountering buried.prehistoric resources as none have been previously recorded within the project nor within a mile radius. The exact text from the study discussing this matter is as follows: No historic or prehistoric resources were found during the course of the pedestrian survey. Ground visibility was approximately 75 percent, and the ground surfaces were exposed between natural vegetation cover. No resources have been.recorded within the project area. 029 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 4 FCS has assessed the effects of the proposed development on any local cultural resources. The results of the assessment indicate that the proposed project is expected to have no impacts on any archaeological or historic resources. Based on the results of the record searches and pedestrian survey, FCS considers the project area to have love sensitivity for prehistoric and historic resources, and archaeological monitoring is not recommended. Although mitigation measures are included that require an archaeologist to be retained to monitor the initial grading in areas, it is not guaranteed that monitoring of the site will continue beyond the initial grading of the site. Therefore, in an effort to reduce the direct and indirect impacts that this project could have on Native American tribal cultural resources to a "less than significant"status, a mitigation measure is included that requires the applicant to contact the San Manuel Band of Mission Indians to discuss monitoring of the project to ensure that cultural resources that may be encountered during ground disturbances are protected and preserved for study. This mitigation requires the applicant to submit the results of this:consultation to the City prior to issuance of permits for grading of the site. The Initial Study for this project was circulated on February 18, 2016. The Planning Department received comments from the San Manuel Band of Mission Indians. The comments include revisions to the Cultural Resources mitigations numbers 2, 4 and 7 in the Initial Study Parts II and III. The comments received will not remove or change the intent of the previously proposed mitigations, but will ultimately make the mitigations stronger and more specific (Exhibit G). Staff has since updated the mitigations in the Cultural Resources section of the Resolution to reflect the comments received. F. Environmental Assessment: Pursuant to the California Environmental Quality Act("CEQW)and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and waste materials, hydrology and water quality, land use and planning and noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared and was circulated on February 18, 2016. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration at a Planning Commission hearing that was scheduled for March 23, 2016. Due to a letter(Exhibit H) received on March 22, 2016 from the California Department of Fish and Wildlife (CDFW), the Planning Department requested a continuance to allow the applicant the time to prepare a response to the concerns described in the letter. The applicant and M. J. Klinefelter, the applicant's biologist, have since worked with Staff and submitted a response(Exhibit 1)that addresses CDFW's concerns,which include(a)the project's potential to impact sensitive species and natural communities, (b) the adequacy and specificity of the proposed mitigation measures, and(c)the analysis of the project's cumulative contribution to impacts to biological resources within the region of the Etiwanda alluvial fan. Below is the list summarizing each of CDFW's concerns, followed by the response from the applicant's biologist (text added to, and deleted from, the Mitigated Negative Declaration are shown with an underline or a strikethrough, respectively). 030 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 5 1. San Bernardino Kangaroo Rat and Coastal California Gnatcatcher CDFW Concern: The ISIMND identified two Federally Endangered species with the potential to occur on-site: the San Bernardino kangaroo rat and coastal California gnatcatcher.Although focused surveys for both species failed to find any individuals on the project site in 2014, CDFW indicated concern regarding the time lag between the survey dates and the likely start of construction, as they believe this is long enough to allow the potential for one or both species to naturally disperse on to the project site from surrounding habitat. Biologist's Response: "Protocol surveys were conducted by qualified permitted biologists for both San Bernardino kangaroo rat and coastal California gnatcatcher with both species found to be absent from the Site. These surveys are further supported by numerous surveys previously conducted over the past 14 years on the adjacent Tentative Tract 16072 and 14749;in all instances these species were not detected on the properties. Results of the surveys were submitted to. the U.S. Fish and Wildlife Service in accordance with the qualified biologist's permit requirements. The survey results support the findings and conclusions in the Initial Study and Mitigated Negative Declaration.' 2. Los Angeles and San Diego Pocket Mouse CDFW Concern: The CDFW does not concur that .trapping and relocating individual LAPM prior to the issuance of a grading permit would prevent significant project impacts to Los Angeles pocket mouse(LAPM), a California Species of Special Concern (SSC). Since the regional population of LAPM is primarily threatened by habitat loss and fragmentation, CDFW recommends the City mitigate project impacts to LAPM by identifying and preserving habitat that (a) is either already occupied by a viable population of LAPM or connected/adjacent to occupied habitat and accessible to the adjacent population, and (b)would not otherwise be preserved. Bioloaist's Response: "The revised Biological Resources Mitigation Measure 2 (see Habitat Conservation section below) would preserve in perpetuity 27.4 acres of habitat directly adjacent to the 175-acre conservation area for Tentative Tract 16072 that is occupied by LAPM. The following revisions to Biological Resources.Mitigation Measure 4 are recommended.," To offset the loss of Los Angeles Pocket Mouse on the property from development, the Project applicant will preserve 27.4 acres of habitat that is adjacent to:occupied LA-PM habitat as identified in Biological Resource Mitigation Measure 2. to rnr»oye and rnlnnnte /pto nearby citable habitats) as .r9nny LAPM M :r..d: i d..als a if This revised measure would accommodate DFW's preference and recommendation to forgo trapping and translocation of LAPM on the Site and would still provide mitigation to offset the project's impacts to the LAPM, such that the project would have a Jess than significant impact on the species, by preserving three times more 031 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 6 conservation open space than would be impacted by the project and to do so in an area which will serve to further buffer habitat occupied by the L4PM in the region which is designated for tong-term biological conservation. This revised mitigation measure would be expected to reduce-the project's impacts on the LAPM to at least the same degree as the measure articulated in the original MND previously circulated. 3. Listed and Sensitive Plant Species CDFW Concern: CDFW disagrees with the previously proposed Mitigation Measure 3, which proposes to reduce the potential for project impacts to these species by requiring focused ,plant surveys to be conducted over the project site prior to issuance of a grading permit, and then developing mitigation plans for ail sensitive plant species discovered. Instead, CDFW recommends a rare plant survey be prepared that indicates a) the population sizes.of any sensitive plant species present on-site, b) a thorough and detailed analysis of the project's impacts to sensitive and special status plant species, including, if applicable, potential indirect impacts to off- site populations, and c) a detailed description of the mitigation plan(s) that addresses the project's reasonably foreseeable direct, indirect, and cumulative impacts to sensitive and special-status plant species. Biologist's Response: "Botanist Fred Roberts conducted sensitive plant surveys on the site on March 18 and May 4, 2016. Mr. Roberts is a botanical consultant with more than 25 years of field experience surveying rare plants in southern California, and he previously worked as a botanist for the U.S. Fish and Wildlife Service. During his surveys of the site, he encountered a single sensitive plant species, Plummer's mariposa lily (Calochortus plummerae), a CRPR 4 plant. This species is not listed as "threatened" or "endangered"by either CDFW or USFWS. This species was recently downgraded by the California Native Plant Society from CRPR 18.2 to CRPR 4.2, indicating that the distribution of this species is more widespread than previously thought. Impacts to Plummer's mariposa lily would not be considered significant especially in light of the project's relatively small size and the existence of the species in conservation open space within the region." "Mr: Roberts did not observe any other sensitive species on the site. There were no new seedlings or young plants observed on the site that could be confused with Later blooming sensitive species so Mr. Roberts concluded that further surveys were not necessary to ensure that the Site has been sufficiently surveyed for the 2016 year for the potential presence of sensitive plant species. Mr. Roberts is preparing a more detailed written summary, discussing the findings of his surveys and will include a complete species list-of plants observed. Based on the results of Mr. Roberts'surveys and the analysis in the Biological Resources Assessment, the project would have a less than significant impact on any plant species identified as a candidate, sensitive, or special status species and no further mitigation is required. Furthermore, CEQA does not require - nor does it favor - the speculative approach to current site conditions suggested by the Department. Sufficient surveying for sensitive plant species have been conducted to properly characterize existing Site conditions in this regard." 032 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 7 4. Nesting Bird and Migratory Bird Treaty Act CDFW Concern:The CDFW noted the requirement to comply with all applicable laws related to nesting birds and birds of prey, including the Migratory Bird Treaty Act (MBTA) of 1918', as well as sections 3503, 3503.5, and 3513 of the Fish and Game Code (FGC). These requirements ultimately state that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by FGC or any regulation made pursuant thereto. Mitigation Measure 7 requires a breeding bird survey to be conducted ten (1.0) days prior to ground-clearing activities.The CDFW recommends revising Mitigation Measure 7 to require.the surveys to be conducted no more than three(3)days,prior to vegetation clearing or ground disturbance activities, as instances of nesting could be missed if surveys are conducted sooner. Biologist's Response: "Comment noted regarding compliance with all applicable laws related to nesting -birds and birds of prey. The applicant intends to comply with all applicable laws. Guidance and past recommendations from the Department regarding breeding and nesting bird surveys vary widely. We acknowledge the Department's current recommendation;however, we believe that the Mitigation Measure 7 meets the intent of compliance with the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503 and 3513." 5. Habitat Conservation CDFW Concern: Mitigation Measure 2 requires purchase and conservation of 9.13 acres of white sage scrub habitat to compensate for the removal of the same amount and type of habitat. CDFW does not concur that a the proposed mitigation,: as it is described in the ISIMND, is sufficient to reduce the project's impacts to a level that is less than significant„because it would result in an overall net loss of 9.13 acres of white sage-scrub without providing any compensatory gain in habitat function. Instead, CDFW recommends that mitigation for habitat loss incorporate some level of enhancement, restoration, rehabilitation,. and/or creation within the mitigation area, and that the size of the mitigation area be increased to account for the net loss in acreage, the time lag, and the uncertainty of success. Biolo is 's 'Response: "The proposed Mitigation Measure 2 is consistent with the Environmental Impact Report for the Etiwanda North Specific Plan (ENSP). The cumulative habitat losses in,the ENSP area were considered in the EIR and additionally in the most recent update of the City of Rancho Cucamonga General Plan. However, in order to address CDFW s concern that Biological Resources Mitigation Measure 2 does not contain sufficient detail regarding the location and status of the habitat to be preserved, the Project applicant is proposing to conserve 27.4 acres (3:1 ratio) of habitat directly to the.north of the approximately 175-acre conservation area proposed for Tentative Tract 16072. The 27.4 acres consists of relatively undisturbed native habitat within the Day Creek watershed directly adjacent to Day Creek and is within the proposed conservation area identified within Chapter 6, Resource Conservation section of the Rancho Cucamonga General Plan. Habitat within the 27.4 acres includes mixed sage scrub, sycamore alder riparian woodland, and chaparral. The 27.4 acres is contiguous to and expands the size of the 175-acre conservation area intended to be preserved in perpetuity to offset biological impacts to Tentative Tract 16072 and increases the size and contributes to the functioning of the overall dedicated_ conservation lands within the Etiwanda Fan area providing 033 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 8 protection of wildlife corridors and sensitive watersheds. The following revisions to Biological Resources Mitigation Measure 2 are recommended." Mitigation for the removal of white sage scrub on-site is required - preservation in perpetuity of 9.13 aeFes GA4443S 27.4 acres of habitat within APN 1087-051-02 in the Day Creek area of the Etiwanda Fan along the northern boundary of the 175-acre conservation area for Tentative Tract 16072 (a 3:1 mitigation ratio) eF payment of in hieu feee. V,this mitigation measure is implemented, adverse effects to WSS habitat would be less than significant. Prior to issuance of a grading permit, the applicant shall provide documentation to the Planning Department oen&m ng the m tigati n land is c eGuFed that the property has been deeded to an approved conservation entity and a conservation easement or declaration of restricted covenants has been placed over the property cor tha in ri -i i fees havebeen nnirl 6. Lake and Streambed Alteration Program CDFW Concern: CDFW does not concur with Mitigation Measure 9, which requires the applicant to consult with the Army Corps and USFWS and obtain, if necessary, a Streambed Alteration Agreement, as well as any other appropriate permits from other regulatory agencies. This is due to the fact that the formulation of mitigation measures would be deferred to a future time. In order to ensure that the City can be reasonably certain that the mitigation measures will be sufficient to reduce the severity of the impacts to a level that is less than significant, CDFW recommends including a mitigation measure requiring the applicant to meet a specific minimum standard of mitigation for impacts to streambed resources. Biologist's Response: 'Biological Resources Mitigation Measure 9 specifically addresses impacts to jurisdictional waters including streams subject to FGC Section 1602 regulation. The proposed project will permanently impact 0.216-acre of streambed. The applicant is proposing to preserve in perpetuity 27,4 acres of undisturbed habitat including approximately 1 acre of riparian habitat (4.6:1 mitigation ratio) that is directly adjacent to existing and proposed conservation areas. In order to address CDFWs concern that it may not be able to prepare a Streambed Agreement due to workload and staffing constraints, the following revisions to Biological Resources Mitigation Measure 9 are recommended." Prior to approval by the City of any grading and/or construction permits, the Project applicant shall consult with the Corps to obtain a Jurisdictional Determination and, if necessary, acquire required permit authorizations from the regulatory agencies. These authorizations will include, but are not limited to, the following: • CWA Section 404 Permit from the Corps (Nationwide Permit 29 for Residential Developments may be applicable) • CWA Section 401 Water Quality Certification from RWQCB, and • California Fish and Game Code Section 1602 Streambed Alteration Agreement from CDFW" In addition to obtaining authorizations from regulatory agencies, the Project will preserve in_gerpetuity approximately 1 acre of riparian habitat within the 27.4 acres of habitat identified in Biological Resource Mitigation Measure 2. 034 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUB7718908- RICHLAND VENTURES, INC. September 28, 2016 Page 9 Additionally, a FESA Section 7 Consultation between the Corps and USFWS will be required. Copies of any correspondence and/or permit authorizations received shall be submitted to the City for review and record." 7. Cumulative Impacts to the Etiwanda Alluvial Fan CDFW Concern: The proposed site is located on an undeveloped portion of the Etiwanda Alluvial Fan, a feature of high ecological significance to the region which has been severely impacted by development. Due to the importance of the Alluvial Fan and the extent to which it has already been developed, CDFW has concerns about the project's contributions to the cumulative loss of Alluvial Fan habitat. CDFW has.requested a thorough and detailed analysis be prepared that discusses the cumulative impacts to the quantity, quality, and continuity of alluvial fan habitat; the species that depend on the: alluvial fan habitat; and the continued viability of local populations of sensitive and. special-status species within the region. The analysis should consider the impacts as a whole from this project in conjunction with other, similar projects, as well as this project's individual contribution to the cumulative effects. Biologist's ResAonse: "The Site is located on a portion of the historic alluvial fan known as the Etiwanda Fan that extends along the San Gabriel Mountain front from Deer and Day Canyons east to San Sevaine Canyon. A variety of habitats exist in the area generally considered to be part of the Etiwanda Fan. Both CNPS and CDFW have adopted the Second Edition of "A Manual of California Vegetation," (the "Manual') which provides a standardized, systematic classification and description of vegetation in the State. Based on the Manual, CDFW published the currently accepted "List of Vegetation Alliances and Associations" (the "List) that are accepted for vegetation classification and mapping. Using the Manual and the List, there is,a broad mosaic of habitat associations across the. Etiwanda Fan. The Department's comment does not refer to a specific habitat type from the currently accepted List or Manual and it is unclear if the term 'Alluvial Fan habitat" refers to a particular type of habitat or the general region where the project is located. Tentative Tract 16072 was approved by'the City of Rancho Cucamonga in 2004. After extensive review by the USFWS and U.S. Army Corps of Engineers (Corps), both agencies issued approvals for the project in the form of the.USFWS Biological Opinion (FWS-SB-08B0267-08FO270)and Corps Individual Permit(File No. SPL-2005-00655- SJN). The CDFW reviewed the notification of lake or streambed alteration (No. 1600- 2011-0020-R6) and on November 1, 2011 the Department issued a letter stating that an agreement was not required because the Department did not respond within the required time period for an agreement to be necessary. Although construction of Tentative Tract 16072 has not begun, it has been reviewed and approved by regulatory agencies including CDFW. Tract 16072 includes residential development directly adjacent to the west and north boundary of the project site as well as the construction of Wilson Avenue and East Avenue along the southern and eastern boundaries of the project site. Because of these approvals and the fact that Tentative Tract 16072 will essentially surround the project site with development and roads, the Biological Resource Assessment took this into consideration when evaluating the cumulative impacts and identified the Project being surrounded by existing and approved development that will isolate the onsite sage scrub habitat. 035 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 10 Significant conservation efforts have taken place within the geographic area of the Etiwanda Fan from Deer Creek to San Sevaine Creek and include the following conservation areas: North Etiwanda Preserve. In 1998, the County of San Bernardino created a 763-acre conservation area in response to impacts to AFSS from the Foothill Freeway(SR-210) project. The Preserve and surrounding lands also contain significant amounts of other rare and threatened habitats that include Sycamore Alluvial Woodland, California Walnut Woodland, and Fresh Water Marsh. North Etiwanda Preserve Expansion Area. In 2009 an additional 440 acres of land was set aside for conservation purposes adjacent to the North Etiwanda Preserve and within the San Sevaine Creek area. Along with the original 763 acres preserve, these lands are managed with the intent of permanently protecting the alluvial scrub and other native communities and species that occupy the North Etiwanda Preserve. U.S. Forest Service Conservation Area. This 880-acre conservation area is located adjacent to the western edge of the North Etiwanda Preserve and includes land purchased by the Metropolitan Water District along Day Canyon and Day Creek as mitigation for the MWD's Inland Feeder Project. The land has been transferred to the U.S. Forest Service and is a part of the San Bernardino National Forest. The majority of this conservation area extends beyond the City's Sphere of Influence, into unincorporated territory. San Sevaine Preserve. This 137-acre conservation area was established by San Bernardino- County as mitigation for floodwater diversion structures and debris basins. Day Creek Preserve. A 200-acre conservation area was set aside through a conservation easement to the San Bernardino County Flood Control District as mitigation for impacts from sand and gravel operations. Tract 1.6072 Mitigation Area. This mitigation area consists of 335 acres that will be conserved as habitat mitigation for Tentative Tract 16072. This area is within the Day Creek watershed and contains various habitats that include alluvial fan sage scrub, white sage scrub, chaparral, and riparian habitat. Rancho Etiwanda/Henderson Creek Mitigation Area. This 308-acre property is surrounded by the North Etiwanda Preserve and San Bernardino National Forest. The Site was part of the mitigation requirements for the Rancho Etiwanda Estates Project and the Henderson Creek Project. The 308 acres Site is protected by a conservation easement. The above conservation areas total more than 3000 acres and are managed primarily for species and habitat values. The proposed project will remove approximately 9.13 acres of white sage scrub habitat. The proposed mitigation would provide protection in perpetuity for an additional 27.4 acres of relatively undisturbed habitat in the Etiwanda Fan area adjacent to existing conservation areas identified above. The proposed project is consistent with previously approved plans (ENSP and RC General Plan) reviewed and adopted by the City of Rancho Cucamonga and it will provide mitigation that will contribute to the expansion of conservation lands within the Etiwanda Fan geographic area. Based on this information and given the relatively small size of the project site, the contribution to cumulative loss of habitat would be 036 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 11 less than cumulatively considerable and the project's impact to cumulative loss of habitat would be less than significant." According to CEQA section 15073.5(c), recirculation of a Mitigated Negative Declaration is not required under the following circumstances: (1) Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1; (2) New project revisions are added in response to written or verbal comments on the project's effects identified in the proposed negative declaration which are not new avoidable significant effects; (3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; and (4) New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. There were a total of three mitigation measures that were modified (Mitigation Measures 2, 4 and 9) that made the mitigation equally or more effective. This includes strengthening the required mitigation land from 1:1 to 3:1 and specifically defining the location of the land to be preserved in perpetuity as being habitat within the Day Creek area of the Etiwanda Fan along the northern boundary of the 175-acre conservation area for Tentative Tract 16072. The modification also adds approximately 1 acre of riparian habitat within the 27.4 acres of habitat discussed above. No new project revisions were added in response to the concerns. The design of the proposed subdivision remains the same as prior to receiving the comments that were submitted by CDFW. No new measures were added in response to the concerns. As previously stated, only existing measures were replaced with equal or more effective measures. Lastly, the only new information that was added to the negative declaration was for clarification purposes. This includes explanation of the appropriateness of measures for impacts to wildlife, clarification of the site's lack of threatened or endangered sensitive plant species, as well as discussion about the cumulative impacts to Alluvial Fan habitat. Therefore, recirculation of the Mitigated Negative Declaration is not required. CEQA section 15074.1 requires that prior to deleting and substituting a mitigation measure, the lead agency shall hold a public hearing on the matter, and adopt a written finding that the new measure is equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effects on the environment. Consistent with this section, City staff determined that the new measures presented and discussed in this report relating to Cultural and Biological Resources are equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. A Mitigation Monitoring Program was also prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was re-advertised as a public hearing in the Inland Valley Daily Bulletin newspaper,the property was re-posted, and a second set of notices were mailed to all property owners within a 660-foot radius of the project site. No correspondence has been received in response to these notices. 037 PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 12 Respectfully submitted, City Planner CB:DPIIs Attachments: Exhibit A -Aerial Photo Exhibit B - Site Utilization Plan Exhibit C - Conceptual Grading Plan Exhibit D -Tentative Tract Map Exhibit E - Design Review Committee Action Agenda & Comments Exhibit F - Initial Study (Parts 1, 11 & 111) Exhibit G -Text changes for Cultural Resources Mitigations Exhibit H - CDFW Letter(March 22, 2016) Exhibit I - M.J. Klinefelter Response Letter(June 10, 2016) Exhibit J - March 23, 2016 Planning Commission Staff Report (without exhibits) Draft Resolution of Approval for Tentative Tract Map SUBTT18908 038 RESOLUTION NO. 16-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING TENTATIVE TRACT MAP SUBTT18908, A SUBDIVISION OF APPROXIMATELY 10.6 ACRES INTO 30 SINGLE-FAMILY DETACHED LOTS WITHIN THE LOW (L) RESIDENTIAL DISTRICT IN THE ETIWANDA NORTH SPECIFIC PLAN LOCATED AT THE NORTHWEST CORNER OF EAST AVENUE AND WILSON AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1087-081-25. A. Recitals. 1. Richland Ventures, Inc. filed an application for the approval of Tentative Tract Map SUBTT18908 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 23rd day of March, 2016, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. At the request of Staff,the review of the application was continued to a date unspecific. 3. On the 28th day of September, 2016, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on September 28,2016, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at the northwest corner of East Avenue and Wilson Avenue with a linear dimension, from north to south, of approximately 659 feet and a linear dimension, from east to west of approximately 662 feet and is presently undeveloped; and b. With the exception of a residential subdivision to the southwest, the site is surrounded by vacant land in all directions. The zoning of the subject property and the properties to the north and west is Low(L) Residential District, while the zoning of the properties to the east and south is Very Low(VL)Residential District. The project site and all surrounding properties arewithin the Etiwanda North Specific Plan (ENSP); and 039 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 2 C. The applicant, Richland Ventures, Inc., proposes to subdivide a property of approximately 10.6 acres into 30 single-family detached lots.The proposed densityforthe project is 2.83 dwelling units per acre. The maximum density allowed within the Low (L) Residential District, ENSP, is 4 dwelling units per acre. The average lot area for the project is 10,007 square feet and the minimum net average forthe Low(L)Residential District in the ENSP is 10,000 square feet.The site layout is consistent with the ENSP development standards such as lot width and depth, minimum and average lot area, street width, and wall design; and d. The conceptual grading plan indicates the highest pad elevation is 1,645 feet atthe northwest corner of the site, and lowest pad elevation is 1,635 feet at the southwest corner of the site.There are 2:1 slope along the northern and northwestern portion of the site within the rear yard area of lots 1 thru 13, and at the south and east perimeters of the site along East Avenue and Wilson Avenue. The slopes along East Avenue and Wilson Avenue will be within a private landscape easement that will be maintained by a homeowner's association created for this subdivision; and e. The subdivision will have two points of access, one along the future extension of Wilson Avenue and one along the future extension of East Avenue. The Engineering Department has included conditions thatrequire dedication and construction of perimeter streets,including East Avenue and Wilson Avenue; and f. The design of the proposed subdivision is consistent with the surrounding residential subdivisions including the adjacent subdivision, of 358lots on approximately 150.8 acres, located to the north and west of the subject property that was approved by the City Council on June 16, 2004 (related file: Tentative Tract Map SUBTT16072). The lots within Tract 16072 are similar in size and layout to the lots of the proposed project;and g. Perthe ENSP,this site is located within the"Upper Etiwanda" neighborhood,which requires specific site design features. The Upper Etiwanda neighborhood entry monument will be installed at the northwest corner of Wilson Avenue and East Avenue in accordance with Exhibit 25(A)of the ENSP,which was included as an attachment to the Design Review Comments (Exhibit E of the staff report). A stone wall 30 inches in height (maximum) with a concrete cap and low pilasterwill be constructed. Also, perthe ENSP, a theme wall is required along lots that abut Wilson Avenue and East Avenue. The theme wall will consist of a concrete block cap with a stucco color and finish that will match the existing walls in the surrounding area. The stone used in the monument entry and theme wall columns is Coronado stone. h. The project was reviewed by the Design Review Committee (DRC)on September 15, 2015. No major issues were discussed in the DRC Comments. However, there were two secondary issues involving landscaping. As a result, conditions are included in the attached Conditions of Approval that require street trees to be provided that are indicated on the City's acceptable street tree list, and that require future development of this site to comply with the water efficient landscaping standards specified in the Development Code Chapter 17.82.The Committee recommended approval of the project to the Planning Commission; and i. The project was reviewed by the Technical Review Committee (TRC) on September 15,2015.Preliminary conditions were discussed.The Committee accepted the proposal and recommended approval; and 040 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 3 j. On October 26, 2016, a neighborhood meeting was conducted by the applicant at the nearby Summit Intermediate School. The intent of this meeting was to invite property owners within a 660-foot radius of the project boundaries for input relating to the project. There was a total of three attendees, in addition to the applicant, project Engineer, and Planning Department staff. During the meeting, the applicant presented the tentative tract map and conceptual grading plan for the proposed project. No concerns or major issues were brought up. k. On November 9, 2015, per AB 52, the Soboba Band of Luiseno Indians and the San Manuel Band of Mission Indians were notified of the project. The purpose of that notice was to determine if either tribe desired consultation to discuss the proposal. Staff received a series of correspondences via letters and email from both Tribes. Per a letter dated December 7, 2015, the Soboba Band of Luiseno Indians indicated that the tribe does not have any specific concerns regarding known cultural resources in the specific area that the project encompasses. They also went on to request that the approved Native American Monitors be present during anyfuture ground disturbing proceedings, including survey and archaeological testing,associated with this project.On November 17,2015, staff received a response email from the San Manuel Band of Mission Indians, requesting to review a Cultural Resource Assessment (CRA) for the site.After reviewing the CRA, the San Manuel Band requested to know why the issue of potential for subsurface cultural deposits was not specifically addressed. According to the CRA and Paleontological Review conducted by FirstCarbon Solutions on September 5,2014,no archaeological or historical cultural resourceswere found, and the proposed project is expected to have no impacts on any archaeological or historic resources. Per the Cultural Resources Assessment, the recommendations section addresses the potential for subsurface archaeological materials based on the results of the records search (2 records were searched) and pedestrian survey. Based on the records search and site surveys, FirstCarbon Solutions has determined the project to have a low potential for encountering buried prehistoric resources as none have been previously recorded within the project nor within a mile radius. The exact text from the study discussing this matter is as follows: No historic or prehistoric resources were found during the course of the pedestrian survey. Ground visibility was approximately 75 percent, and the ground surfaces were exposed between natural vegetation cover. No resources have been recorded within the project area. FCS has assessed the effects of the proposed development on any local cultural resources. The results of the assessment indicate that the proposed project is expected to have no impacts on any archaeological or historic resources. Based on the results of the record searches and pedestrian survey, FCS considers the project area to have low sensitivity for prehistoric and historic resources, and archaeological monitoring is not recommended. Although mitigation measures are included that require an archaeologist to be retained to monitor the initial grading in areas, it is not guaranteed that monitoring of the site will continue beyond the initial grading of the site. Therefore, in an effort to reduce the direct and indirect impacts that this project could have on Native American tribal cultural resources to a"less than significant" status, a mitigation measure is included that requires the applicant to contact the San Manuel Band of Mission Indians to discuss monitoring of the project to ensure that cultural resources that may be encountered during ground disturbances are protected and preserved for study. This mitigation requires the applicant to submit the results of this consultation to the City priorto issuance of permits for grading of the site. The Initial Study for this project was circulated on February 18, 2016. The Planning Department received comments from the San Manuel Band of Mission Indians.The comments include revisions to the Cultural Resources mitigations numbers 2, 4 and 7 in the Initial Study Parts ll and III. The 041 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 4 comments received will not remove or change the intent of the previously proposed mitigations but will ultimately make the mitigations stronger and more specific. Staff has since updated the mitigations inthe Cultural Resources section of the Initial Study Parts 11 and III and the Resolution to reflect the comments received; and I. The Planning Department previously prepared a Mitigated Negative Declaration that was circulated on February 18, 2016. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration at a Planning Commission hearing that was scheduled for March 23, 2016. On March 22, 2016, the Planning Department received a letter from the California Department of Fish and Wildlife (CDFW), specifically involving the San Bernardino Kangaroo Rat and Coastal California Gnatcatcher, Los Angeles and San Diego Pocket Mouse, Listed and Sensitive Plant Species, Nesting Bird and Migratory Bird Treaty Act, Habitat Conservation, Lake and Streambed Alteration Program, and Cumulative impacts to the Etiwanda Alluvial Fan. Staff requested a continuance to allow the applicant the time to adequately prepare a response to CDFW's commentsfrecommendations.The applicant and the applicant's biologist have since worked with Staff and submitted a response that addresses the concerns described in the letter. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the tentative tract is consistent with the General Plan,Development Code,and Etiwanda North Specific Plan.The proposal involves a subdivision forresidential development within the Low(L)Residential Zoning District of the ENSP and the Low Residential General Plan land use designation. The maximum density within this zone and General Plan land use designation is 4 dwelling units peracre.The proposed subdivision involves a density of2.83 dwelling units peracre; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and Etiwanda North Specific Plan. The project involves a request to subdivide a 10.6 acre site into 30 lots for future residential development. The minimum lot size is 10,007 square feet and the minimum net average for the Low(L) Residential District in the ENSP is 10,000 square feet.The project site layout is also consistent with the ENSP development standards such as lot width and depth, street width, and wall design;and C. The site is physically suitable for the type of development proposed. Currently the site is undeveloped. The project involves grading of the site to comply with the City requirements and to be consistent with previously approved tract maps within the vicinity of the subject property; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife ortheir habitat.An initial studywas prepared for the project that includes mitigation measures to reduce any potential impacts to humans orwildlife to less than significant; and e. The tentative tract is not likely to cause serious public health problems. The proposed project involves a residential subdivision. The included mitigation measures, along with the future single-family residential use, will not cause serious public health problems;and 042 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 5 f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. The project incorporates two points of access, one along Wilson Avenue and one along the future extension of East Avenue. East Avenue is currently not improved north of Wilson Avenue, along the east side of the project site. The Engineering Department has included conditions that require dedication-and construction of perimeter streets,including EastAvenue and Wilson Avenue. 4. Based upon the facts and information contained in the proposed. Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. e. Based on comments received from the San Manuel Band of Mission Indians, mitigation measures relating to Cultural Resources were modified. Consistent with CEQA section 15074.1, City staff determined that the new measures are equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. 043 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 6 f. According to CEQA section 15073.5(c), recirculation of a Mitigated Negative Declaration is not required under the following circumstances:(1)Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1; (2) New project revisions are added in response to written or verbal comments on the project's effects identified in the proposed negative declaration which are not new avoidable significant effects; (3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA,which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; and (4) New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. There were a total of three mitigation measures that were modified (Mitigation Measures 2,4 and 9) that made the mitigation equally or more effective. This includes strengthening the required mitigation land from 1:1 to 3:1 and specifically defining the location of the land to be preserved in perpetuity as being habitat within the Day Creek area of the Etiwanda Fan along the northern boundary of the 175-acre conservation area for Tentative Tract 16072.The modification also adds approximately 1 acre of riparian habitat within the 27.4 acres of habitat discussed above. No new project revisions were added in response to the concerns. The design of the proposed subdivision remains the same as prior to receiving the comments that were submitted by CDFW. No new measures were added in response to the concerns. As previously stated, only existing measures were replaced with equal or more effective measures. Lastly, the only new information that was added to the negative declaration was for clarification purposes. This includes explanation of the appropriateness of measures for impacts to wildlife, clarification of the site's lack of threatened or endangered sensitive plant species, as well as discussion about the cumulative impacts to Alluvial Fan habitat. Therefore, recirculation of the Mitigated Negative Declaration is notrequired. CEQA section 15074.1 requires that prior to deleting and substituting a mitigation measure,the lead agency shall hold a public hearing on the matter, and adopt a written finding that the new measure is equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effects on the environment. Consistent with this section,City staff determined that the new measures presented and discussed in this report relating to Biological Resources are equivalent or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. A Mitigation Monitoring Program was also prepared to ensure implementation of, and compliance with, the mitigation measures for the project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subjectto each and every condition setforth in the attached Conditions of Approval and the Mitigation Measures listed below. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected 044 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 7 equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 4) The construction contractor shall ensure that construction-gradingplansinclude a statement that work crews will shut off equipment when not in use. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6) 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. 7) 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. 8) 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. 9) 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. 045 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 8 10) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 11) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 12) All residential and commercial structures shall be required to incorporate high- efficiency/low-polluting heating,air conditioning,appliances,and water heaters. 13) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 14) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule445,Wood Burning Devices.Rule 445 was adopted in March 2008 to reduce emissions of PM2.s and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9,2009. Biological Resources 1} If vegetation removal, soil disturbance, or any other construction related activity is to occur during the avian nesting season (February 1 through August 31), a preconstruction nesting survey shall be conducted and submitted to the Planning Department for review and acceptance prior to initiation of construction. If nests are discovered, they should be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist and consistent with CDFW protocols. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and left the nest, then construction in the area could resume. A biologist should be present on-site to monitor vegetation removal activities to ensure that any nests not detected during the initial survey are not disturbed. If initial ground disturbing activities or site clearing is proposed to occur outside of the nesting season (September 1 through January 31), then a pre-construction survey would not be required and construction could commence unimpeded. 2) Mitigation for the removal of white sage scrub on-site is required-preservation in perpetuity of 27.4 acres of habitat within APN 1087-051-02 in the Day Creek area of the Etiwanda Fan along the northern boundary of the 175-acre conservation area for Tentative Tract 16072 (a 3:1 mitigation ratio). If this mitigation measure is implemented, adverse effects to WSS habitat would be less than significant. Prior to issuance of a grading permit, the applicant shall provide documentation to the Planning Department that the property has been deeded to an approved conservation entity and a conservation easement or declaration of restricted covenants has been placed over the property. 3) Since there is habitat atthe Site suitable to support special status plant species, including one endangered species and several CRPR 1 Band 2 plants,focused surveys shall be conducted prior to issuance of a grading permit, during the appropriate blooming periods forthe subject species, in order to document the 046 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 9 presence or absence of those species at the Project Site. The survey shall be conducted by a qualified biologist using methodology based on the most current CDFW and CNPS rare plant survey protocols. The biologist shall identify all occurrences of sensitive species and shall consult with CDFW and USFWS, as appropriate depending on species status, to develop and execute a mitigation plan to relocate plants,gather seeds from the plants, and distribute to a suitable conserved habitat area. 4) To offset the loss of Los Angeles Pocket Mouse on the property from development, the Project applicant will preserve 27.4 acres of habitat that is adjacent to occupied LAPM habitat as identified in Biological Resource Mitigation Measure 2. 5) The following measures are required to minimize indirect impacts to vegetation in the vicinity of the project site: • Dust control measures designed to minimize effects to vegetation in the vicinity should be implemented. • Native plants should be used to the greatest extent feasible in landscaped areas. Many invasive non-native horticultural species can spread readily into natural areas and the local watershed. Landscaping should not include invasive plants identified bythe California Invasive Plant Council(Cal-[PC). 6) No SBKR were detected on-site. The loss of SBKR critical habitat is not expected to compromise the long-term survival of the species; therefore, no mitigation measures for impacts to SBKR critical habitat are proposed. However, since there are impacts proposed to on-site WOUS regulated under the jurisdiction of the Corps, it is expected that the Corps will be required to consult with USFWS under Section 7 of the FESA. 7) Ten days prior to ground clearing activities, a breeding bird survey that is in conformance with the Migratory Bird Act shall be required to determine whether nesting is occurring. Prior to issuance of a grading permit, this survey shall be submitted to the City for review and acceptance. 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 5,000 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. 8) Prior to issuance of a grading permit, the applicant shall 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 047 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 10 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 bythe 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 owlsfrom 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. 9) Prior to approval by the City of any grading and/or construction permits, the Project applicant shall consult with the Corps 'to obtain a Jurisdictional Determination and,if necessary,acquire required permit authorizations from the regulatory agencies. These authorizations will include, but are not limited to,the 'following: • CWA Section 404 Permit from the Corps (Nationwide Permit 29 for Residential Developments may be applicable) • CWA Section 401 Water Quality Certification from RWQCB,.and. • California Fish and Game Code Section 1602 Streambed Alteration Agreement from CDFW. In,addition to obtaining authorizations from regulatory agencies,the.Projectwill preserve in perpetuity approximately 1 acre of riparian habitat within the 27.4 acres of habitat identified in Biological Resource Mitigation Measure 2. 1- - - - ----, 048 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908- RICHLAND VENTURES, INC. September 28, 2016 Page 11 Additionally, a FESA Section 7 Consultation between the Corps and USFWS will be required. Copies of any correspondence and/or permit authorizations received shall be submitted to the City for review and record. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 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. 2) ARPA(Registry of Professional Archaeologists)-certified archaeologist shall be retained, at the expense of the future project developers, to monitor the initial grading in areas, sensitive for cultural resources, such as the mouths of the canyons and along the natural drainages. The frequency and duration of the monitoring shall be based on the professional judgment of the on-site archaeologist based on the materials being excavated. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 3) In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop in that area of the site until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of future developers. 4) All archaeological resources recovered during the project shall be donated to a local institution that has the proper facilities for curation, display, and use by 049 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP'SUBTT18908--RICHLAND VENTURES, ING. September 28, 201 a Page 11 Additionally, a FESA Section 7 Consultation.between the.Corps and USPWS will.be required. Copies of any correspondence and/or permit authorizations received shall be submitted to the City for review and record. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them:for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact!interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value, • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeologica[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. 2) A RPA(Registry of Professional Archaeologists)-certified archaeologist shall be retained, at the expense of the future project developers, to monitor the initial grading in areas, sensitive for cultural.resources, such as the mouths of the canyons and along the natural drainages. The frequency and duration of the monitoring shall be based on the professional judgment of the on-site archaeologist based on the materials being excavated. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 3) In the event that significant archaeological remains are uncovered during excavation and/or grading, all work shall stop its that area of the site until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responslbllity of future developers. 4) All archaeological resources recovered during the project shall be donated to a local institution that has the proper facilities for curation, display, and use by 050 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE;TRACT MAP SUBTT18908—RICHLAND VENTURES, INC. September 28, 2016 Page 12 qualified scholars and all tribal cultural resources that may be recovered during project development be returned to the San Manuel Band of Mission Indians. Costs for curation shall be covered by the project applicant. 5) The approved archaeological mitigation measures shall be affixed to all copies of the project grading plans. 6) If any paleontological resources (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay,to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded,divert earth- disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. 7) Prior to issuance of any grading permit,the applicant/permitee shall contact the San Manuel Band of Mission Indians Cultural Resources Department to coordinate tribal participation in the archaeological monitoring of the project. Tribal participants shall coordinate with the Project Archaeologist to ensure that tribal cultural resources that may be encountered during ground disturbances are identified, assessed, and either protected in place or mitigated accordingly. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent(approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMio emissions from the site during such episodes. 051 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908—RICHLAND VENTURES, INC. September 28, 2016 Page 13 4) Chemical soil-stabilizers(approved by SCAQMD and RWQCB)shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with 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. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials, 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of; • Increased insulation. • Limit air leakage through the structure. • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances. • Landscape and develop site utilizing shade, prevailing winds and landscaping. ® Install efficient lighting and lighting control systems. • Install light colored "cool" roofs and cool pavements. • Install solar or light emitting diodes (LED's) for outdoor lighting. 052 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908—RICHLAND VENTURES, INC. September 28, 2016 Page 14 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 and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas.Educate employees about reducing waste and about recycling. Hazards and Waste Materials 1) The project shall comply with Chapter 7A of the California Building Code(CBC), which includes building standards for the Wildland-Urban Interface Fire Area. The standards call for the use of ignition-resistant materials and design to inhibit the intrusion of flame or burning embers projected by a vegetation fire and help reduce losses resulting from repeated cycles of interface fire disasters. 2) The project shall comply with the Fire Protection Plan dated January 5, 2015. The plan includes specific vegetation management zones,required landscaping requirements, and construction standards. The Fire Protection Plan has been approved by the RCFPD on April 13, 2015. Hydrology and Wafer Qualify 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP)specifically identifying Best Management Practices(BMPs)that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum; a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California,and b)An inspection and maintenance program shall be included to 053 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908— RICHLAND VENTURES, INC. September 28, 2016 Page 15 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 orderto prevent discharge of debris or sediment from the site. 5) P'rlor 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 underthe NPDES General Construction Permit. 6) Education of property Owners,Tenants and Occupants on Stormwater BMPs- Educational Materials will be available to homeowners thru HOA. HOA will periodically provide homeowners with environmental awareness education materials which may include use of household chemicals,discharges of wastes via hosing or other direct discharge to gutters, catch basins and storm drains. See attached Education Materials in section 6.4 of the WQMP report. 7) Activity Restrictions - Once an HOA is formed, certain restrictions may be enacted thru the formation of conditions, covenants and restrictions(CCRs)to protect surface water runoff. 8) Landscape Management BMPs-See attached CASQA SD-1 2 in section 6.4 of the WQMP Report. 9) BMP Maintenance—Maintenance of BMPs implemented at the project shall be performed at the frequency prescribed in this WQMP. Records of inspections and maintenance shall be maintained by the HOA and documented with the WQMP, and shall be available for review upon request. 10) Local Water Quality Ordinances-Available to the home upon request at the City of Ranch Cucamonga. 11) Litter/Debris Control Program-Litter collection and removal shall be conducted on a bi-weekly basis by the HOA. •12) Catch Basin Inspection Program-Catch basins will be inspected by the HOA and cleaned as necessary on an annual basis. Catch basin labeling shall be checked for legibility, replaced as necessary. 054 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUSTT18908--RICHLAND VENTURES, INC. September 28, 2016 Page 16 13) Vacuum Sweeping of Private Streets and Parking Lots - The City of Rancho Cucamonga shall sweep all streets and drive aisles on a weekly basis. 14) Provide storm drain system stenciling and signage(CASQA New Development BMP Handbook SD-13)-See CASQA Detail SD-13 in Section 6.4 of WQMP. 15) Use efficient irrigation systems&landscape design,water conservation,smart controllers, and source control (Statewide Model Landscape Ordinance; CASQA New Development BMP Handbook SD-12)-See CASQA Detail SD-12 in Section 6.4 of WQMP. 16) Finish grade of landscaped areas at a minimum of 1-2 inches below top of curb,sidewalk,or pavement-Landscaped areas are proposed to promote self- retaining areas to aid in surface runoff water quality. 17) Protect slopes and channels and provide energy dissipation (CASQA New Development BMP Handbook SD-10) - See CASQA Detail SD-10 in Section 6.4 of WQMP. 18) 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. 19) 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. 20) The developer shall. implement the BMPs identified in the Water Quality Management Plan prepared by MDS Consulting on August 22,2014 to reduce construction pollutants from entering the storm drain system to the maximum extent practical. Noise 1) The recommended height of the noise barriers is 6 feet. Noise control barrier may be constructed by a block wall and will be required at plan check by the Planning Department. A noise barrier must present a solid face from top to bottom. Preventable openings or decorative cutouts should not be made.All gaps(except forweep holes) should be filled with grout or caulking to avoid flanking. 055 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908—RICHLAND VENTURES, INC. September 28, 2016 Page 17 2) The project site will require a 'windows closed" condition. To ensure proper acoustical noise isolation the following are required at plan check and verified with the Building and Safety Department: • Upgraded windows and sliding glass doors for facades that face analyzed roadways. First row units directly facing East and Wilson Avenue: 1st floor: All windows and sliding glass doors directly facing East Avenue and Wilson Avenue will require a minimum STC rating of 25 or higher, 2nd floor:All windows and sliding glass doors directly facing East Avenue and Wilson Avenue will require a minimum STC rating of 28 or higher. • Attic facade vents or roof vents that directly face the subject roadway, if applicable, should include an acoustical baffle to prevent vehicle noise intrusion. Exhibit D and E (of Initial Study Part 11) illustrates an example of an attic facade vent and roof vent acoustical baffles. The Contractor may install similar measures to provide noise reduction. • For proper acoustical performance,all exterior windows,doors,and sliding glass doors must have a positive sea] and leaks/cracks must be kept to a minimum. • Minimize cracks or leaks,any partition with a gap or hole will allow noise to flank and penetrate the partition. 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 17.66.050, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at othertimes may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards,then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes 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. 056 PLANNING COMMISSION RESOLUTION NO. 16-48 TENTATIVE TRACT MAP SUBTT18908—RICHLAND VENTURES, INC. September 28, 2616 Page 18 7) 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. 8) Stationary construction noise sources such as generators or pumps should be located as far away from sensitive land uses, as feasible. 9) Construction staging areas should be located as far from noise sensitive land uses as feasible. 10) During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices. 11) Idling equipment shall be turned off when not in use. 12) Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 201 S. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: CA Candyc urge t, Secretary 1, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced,passed,and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 28th day of September 2016, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS ABSTAIN: COMMISSIONERS: NONE 057 Conditions of Approval Community Development Department Project#: SUBTT18908 CEQA2014-00019 Project Name NWC of East and Wilson Avenue Evocation: 5650 EAST AVE - 108708125-0000 Project Type Tentative Tract Map CEQA Revie.ti ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. The 'Upper Etiwanda" neighborhood entry monument shall be installed at the northwest corner of Wilson Avenue and East Avenue in accordance with Exhibit 25(A) 30" max cut stone wail with a concrete cap and low pilaster Material and color shall match with what is existing at the intersection of Etiwanda Avenue and Wilson Avenue. 2 The street trees along East Avenue need to be changed from Sophora japonica Regent (Chinese Scholar Tree) to Magnolia grandiflora 'D D. Blanchard. The Sophora is not on the list of the City's acceptable street tree species. 3 Approval is for the subdivision of approximately 10 6 acres Into 30 single family detached lots within the Low (I_) Residential District in the Etiwanda North Specific Plan located at the northwest comer of East Avenue and Wilson Avenue, APN 1087-081-25 4 This project is within subarea 2 2 of the Upper Etiwanda planning area per the Etiwanda North Specific Plan. a. The neighborhood theme wall shall be featured along the north side of Wilson Avenue and west side of East Avenue b. A neighborhood entry monument shall be installed at the northwest corner of Wilson Avenue and East Avenue C The private landscape easement shall be consistent with "Upper Etiwanda Neighborhood entry' exhibits 25 A & B (page lii-78 & 79) 5 Future house product for the subdivision shall adhere to the architectural requirements and guidelines of the Etiwanda North Specific Plan. 6 Future house product shall require approval of a Design Review by the Planning Commission. 7 If a Home Owners Association is created for the maintenance of an equestrian facility. then the tract (SUBTT18908) shall be required to annex into the HOA prior to recordation of the final map if a Community Facilities District is created for the maintenance of an equestrian facility, then the tract (SUBTT18908) shall be required to annex into the Community Facilities District prior to recordation of the final map. Standard Conditions of Approval 8. This tentative tract map shall expire, unless extended by the Planning Commission, unless a complete final map is flied with the Engineering Services Department within 3 years from the date of the approval Therefore, the tentative tract map will expire on March 24, 2019. www_GtyofRC us Printed 9121/2016 058 Project#: SUBTT18908 CEQA2014-OD019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 9. 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. 10. Copies of the signed Planning Commission Resolution of Approval, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to ali parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 11.The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,260.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 12.All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 13. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced,whichever comes first. 14.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. 15. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 16. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 17.The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of Building Permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. - - Printed;9/2112016 wWW.cityofRc.us Page 2 0l 17 059 Project M SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE - 108708126-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 18. The Covenants, Conditions, and Restrictions (CC&Rs) shall not prohibit the keeping ,the equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners'associations for amendments to the CC&Rs. 19.The site shall be developed and maintained in accordance with the approved plans which include the tentative tract map and conceptual grading plan and details on file In the Planning Department, the conditions contained herein, the Development Code regulations and the Etiwanda Specific Plan. 20.Access gates to the rear yards shall be constructed from a material more durable than wood gates. Acceptable materials include, but are not limited to,wrought iron and PVC. 21. For residential development, return walls and corner side walls shall be decorative masonry. 22. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The 5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to issuance of Building Permits. The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 23. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, -the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all 'contiguous property owners at least 30 days prior to the removal of any existing walls/fences along the project perimeter. 24. Slope fencing along side ,property lines shall comply with the view fencing detail (Exhibit 25 C) provided in the Etiwanda North Specific Plan to maintain an open feeling and enhance views. 25. A detailed landscape and irrigation plan, including slope. planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the Issuance of Building Permits for the development or prior final map approval In the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 26. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows, one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4 Printed:9121l2016 www.CityofRc.us Page 3 of 17 060 Project* SUSTT18008 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Planning Department Standard Conditions of Approval 27.All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but.less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required' by .this section shall include a permanent irrigation system to be Installed by the developer prior to occupancy. 28. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 29. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 30. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 31. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the. Planning Director in the amount of $744 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 32. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17,82, Engineering Services Der3artment Please be advised of the following Special Conditions Printed:8121I2016 WWW.cityolRC.us Page 4 of 17 061 Project M SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Engineering Services Department Please be advised of the following Special Conditions 1. Wilson Avenue improvements, shall be installed in accordance with Etiwanda North Specific Plan "Special Divided Secondary Arterial" standards as follows: a. Construct north half of the street along the project frontage, including curb and gutter, asphalt pavement, curvilinear sidewalk, 95001umen HPSV-equivalent streetlights, street trees and R26(s) "No Stopping"signs. b. On the south side, construct a paved 2-lane road for two way traffic from East Avenue to Etiwanda Avenue consistent with the design criteria used for Wilson Avenue east of East Avenue. Provide off site transitions to the satisfaction of the Traffic Engineer. c. The developer shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee for ultimate permanent improvements, Including the middle 38 feet of pavement, in conformance with City policy. The developer may request a reimbursement agreement to recover the cost of other permanent off-site improvements from future development of the adjacent property. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. d. The City will share a portion of collected contributions in lieu of construction paid by the developer of Tract 16113. e. A contribution In lieu of construction shall be paid for half of the future median including landscaping. f, Interim roundabout at intersection with East Avenue to be in accordance with FHWA guidelines and CAMUTCD standards. If analysis reveals that the level of service for a roundabout is unacceptable, a traffic signal shall be installed. g. Provide a traffic signing and striping plan. h. When Tract 16072 completes Wilson Avenue, there will be no median breaks except at the entry to Tract 16072 midway between Etiwanda and East Avenues. Printed:9121/2016 www•C4yotRC.us Page 5 0[17 062 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 6650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Enaineerina'Services Department Please be advised of the following special conditions 2. East Avenue improvements shall be installed in accordance with Et€wanda North Specific Plan "Collector"standards as follows: a. Construct west half of the street along the project frontage plus 18 feet of pavement east of the centerline,for a total width of 40 feet, along with a 2-foot wide graded shoulder. b. Frontage improvements will include curb and gutter; asphalt pavement, property line adjacent sidewalk, 5800 Lumen HPSV-equivalent LED- street€ights, street trees and R26(s) "No Stopping" signs. Install an asphalt berm along the east side of East Avenue. c. The developer may request a reimbursement agreement to recover the cost of permanent off-site improvements east of the centerline from future development of the adjacent property. If the developer fails to submit for said reimbursement. agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. d. South of Wilson Avenue, East. Avenue should be constructed 38 feet wide to northerly boundary of Tract 16113. The developer shall receive credit against, and reimbursement costs in excess of the Transportation Development Fee for these improvements, in conformance with City Policy. e. Dedication shall be made, a total of 33 feet on'East Avenue (measured from street centerline). f. Provide a signing and striping plan. g.Offsite easements for improvements on east of East Avenue, including catch basins, shall be obtained prior to approval of final map or issuance of building permits, whichever comes first. 3. Interior street frontage improvements to be in accordance with City "Local" standards as required and including: a. Provide curb and gutter, property line adjacent sidewalk and street trees. b. Proposed drive approaches to be in accordance with City Driveway Policy. c. Provide 5800 Lumen HPSV-equivalent LED streetlights, as required. d. Provide traffic signing and striping, as required. e. Access to Wilson Avenue ,shall be in accordance with City "Collector" pavement widths and can taper down to City"Local' pavement widths. 4. A Homeowners Association (HOA) shall be created for the maintenance of the proposed landscaped areas on East* and Wilson Avenues. Development shall also join appropriate public maintenance district(s), prior to map,recordation. Printed:412112016 www.cAyofRc;us Page 6 of 17 063 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Encilneerinct Services Devartment Please be advised of the following special Conditions 5. Install local storm drains to convey development drainage•to the existing Master Plan Storm Drain in Wilson Avenue, Extend the local the local storm drain as far on-site as needed to contain Q100 within rights-of-way and provide a 10-foot dry lane in Q10. The cost of local storm drains shall be borne by this development with no fee credit. 6. The project applicant shall demonstrate they have received written approval from Metropolitan Water District for any proposed activities within Metropolitan fee property prior to proceeding with the proposed improvements to Wilson Avenue or proceeding with any other activity that may infringe upon or impact rights-of-way. Coordination with Metropolitan and submittal of design plans should be in accordance with the "Guidelines for Developments in the Area of Facilities, Fee Properties and/or easements of the Metropolitan Water District of Southern California". 7. Dedicate 51 feet of right-of-way for Wilson Avenue, measured from the ultimate centerline. 8. Rights-of-way shall be obtained from Metropolitan Water District (MWD) for improvements south of the Wilson Avenue centerline, as well as a permit. 9. Provide design of roundabout for East/Wilson intersection in ultimate condition that is in accordance with FHWA guidelines and CAMUTCD standards. 10. If this tract is constructed prior to Tract 16072 installs their north property line channel, this developer shall demonstrate they are protected from off-site flows along north and west perimeter walls. 11. Equestrian Impact Fees in the amount of $1,000.00, per the Etiwanda North Specific Plan, shall be paid upon issuance of a Single Family Residential building permit. Standard Conditions of Approval 12. Comer property line cutoffs shall be dedicated per City Standards. 13. 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. 14. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to Building Permit issuance if no map is involved. Printed;=1=16 vwrw.C1tyofRC.Us Page 7 of 17 064 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE,- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Enaineering_Services Department Standard Conditions of Approval 15. 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, 16.A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the Engineering Services Department' for review and approval prior to final map approval or issuance of Building Permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District:: Wilson Avenue median and south side parkway on Wilson Avenue 17. Public landscape areas are required to incorporate substantial areas (40 percent) of mortared cobble or other acceptable non-irrigated surfaces. 18.Ail required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. 19. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 51 total feet on Wilson Avenue 33 total feet on East Avenue 20.Ail existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 21. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval„ as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. Printed;9121/2018 www.cltyofRc.us Page 8 of 17 065 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Qenartment Standard Conditions of Approval 22. Construct the following perimeter street improvements including, but not limited to: Wilson Avenue Curb & Gutter A,C. Pavement Sidewalk Street Lights Street Trees Median island Notes: (a) Median island.includes landscaping and irrigation on meter. 23. Construct the following perimeter street improvements including, but not limited to: East Avenue Curb & Gutter A.C. Pavement Sidewalk Street Lights Street Trees 24. Construct the following perimeter street improvements including, but not limited to: Interior streets Curb & Gutter A.C. Pavement Sidewalk Drive Approach Street Lights Street Trees Printed:9I2iitm WWw.CityofRC.us Page 9 of 17 066 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE - 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 25. 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. 26. 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. Printed:9MI12016 %vnrvCi1yoIRC.vs Rage 10 of 17 067 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE - 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: En ineerin Services Department Standard Conditions of Approval 27, 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. Wilson Avenue Botanical Name-Lagerstroemia hybrid "Tuscarora" Common Name-Pink-Red Crape Myrtle Min. Grow Space-2' Spacing-35'O,C. Size - 15 gallon Construction Notes for Street Trees. 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department, 4) Street trees are to be planted per public improvement plans only. www.CityofRC.us Printed:•921P1Q16 Page 11 of 17 068 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE - 108708125-0000 Project Type. Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Engineering Services Department Standard Conditions of Approval 28. 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, East Avenue Botanical Name- Magnolia grandiflora"D,D.. Blanchard" Common Name- NCN Min. Grow Space-6' Spacing-55' Size- 15 gallon Construction Notes for Street Trees: 1)All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement, of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. ww►d.Cityo1RC.us Printed:912112016 Page 12 of 17 069 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of Bast and Wilson Avenue Location: 5650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLO WING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 29. 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 staring'. "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. Interior Streets Bast and West Botanical Name-Prunus blireiana Common Name - NCN Min. Grow Space- 3' Spacing-40'O.C. Size- 15 gallon oty. Construction Notes for Street Trees: 1)All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department, 4) Street trees are to be planted per public improvement plans only. www.CityofRC.us Printed:9121rZ1}16 Page 13 of 77 070 Project#f: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Engineering Services Department Standard Conditions of Approval 30. 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. Interior Streets North &SOuth Botanical Name- Podocarpus macrophyllus Common Name-Yew Pine Min. Grow Space-3' Spacing -40' O.C. Size- 15 gallon Construction Notes for Street Trees: 1)All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicitles or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4)Street trees are to be planted per public improvement plans only. 31. 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. 32. The.developer shall be responsible for the relocation of existing utilities as necessary. 33. 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. 34. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 35. Permits shall be obtained from the following agencies for work within their right of way: Metropolitan Water District Grading Section Standard Conditions of Approval Printed:9121/2016 www.CityofRC.u5 Page 14 of 17 071 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650 EAST AVE-108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.- Grading Section Standard Conditions of Approval 1. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan, 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 7. if a Rough Grading and Drainage plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 10. It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct wall on property line or provide a details) showing the perimeter wall(s) to be constructed offset from the property line. 11. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 12. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing 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 precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". Printed;9121/2016 www.Citya Rc.us Page 15 of,17 072 Project#: SUBTT18908 CEQA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 5650'EAST AVE-108708125-0000 Project Type: Tentative Tract Map CEQA Review .ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Appmval 15. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project own erlrepresentative, 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; 11) 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 Solis :Engineer of Record; iv) The rough grading certificates and. the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 16. Prior to the issuance of the Certificate of Occupancy the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) best management practices (BMP) devices. 17.The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 18. The Preliminary Water Quality Management Plan (WQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 19. 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. 20. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number(WDID). 21. If the depths of the infiltration pits is 10-feet or greater below grade: the applicant shall provide a copy of 'EPA Form 7620-16 (inventory of Injection. Wells) with the Facility ID 'Number assigned to the Building and Safety Services Department Official prior to issuance of the Grading Permit. 22.1f the depths of the infiltration pits is 10-feet or greater below grade the land owner shall provide an inspection report by a qualified person/company on a biennial basis for the underground infiltration pits to the City of Rancho Cucamonga ' Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 23. Prior to Issuance of a wall permit, on engineered combination garden/retaining walls along the property boundary the structural calculations for the wall shall assume a level toelheel at the adjacent off-site property (i.e. a manufactured slope is not present). Printed:9I2112016 www.CityofRC.us page 16 of 17 073 Project#: SUBTT18908 CEQAA2014-00019 Project Name: NWC of East and Wilson Avenue Location: 6650 EAST AVE- 108708125-0000 Project Type: Tentative Tract Map CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Gracilng Section Standard Conditions of Approval 24. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 25, Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent 26. This tract requires a connection to a publc sewer system. Prior to the issuance of a grading permit, the applicant shall provide evidence from Cucamonga Valley Water Distruct that the proposed public sewer plans have been deemed 90% complete by Cucamonga Valley Water District, 27. This project has been conditioned by the Engineering Services Department for certain off-site improvements, such as Wilson Avenue, which are not shown on the Preliminary Water Quality Management Plan, deemed "Preliminary Only", by the City of Rancho Cucamonga on January 20, 2015. Prior to the issuance of any grading permit the applicant shall provide to the Building Official, or his designee, a final project specific water quality management plan for all proposed impervious areas associated with the proposed project. Prior to the issuance of grading permits the final water quality management plan shall be approved by the City and recorded with the County Recorder's office. The proposed storm water quality treatment devices shall have an approved funding mechanism(s) in place, i.e, a community facilities district, prior to the recordation of the project-specific water quality management plan. www.CityafRC.us Printed:erZtlZO4B Page 17 of 17 074 RESOLUTION NO. 20-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TIME EXTENSION DRC2020-00310, A REQUEST TO ALLOW FOR A ONE (1) YEAR TIME EXTENSION OF A PREVIOUSLY APPROVED TENTATIVE TRACT MAP SUBTT18908, A SUBDIVISION OF APPROXIMATLEY 10.6 ACRES INTO 30 SINGLE-FAMILY DETACHED LOTS WITHIN THE LOW (L) RESIDENTIAL DISTRICT, THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHWEST CORNER OF EAST AVENUE AND WILSONE AVENUS; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1087-081-25. A. Recitals. 1. Richland Communities, Inc.filed an application a time extension to extend the approval period of Tentative Tract Map SUBTT18908, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On September 28, 2016, this Commission adopted Resolution No. 16-48, thereby approving the application subject to specific conditions and time limits. 3. On October 28, 2020, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing for the application and concluded said hearing on that date. 4. On October 28, 2020, the Planning Commission of the City of Rancho Cucamonga approved a final one (1)year time extension for Tentative Tract Map SUBTT18908, extending the approval period to October 28, 2021. 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 substantial evidence presented to this Commission during the above- referenced public hearing on October 28, 2020, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 10.6-acre rectangular-shaped parcel of land located on the northwest corner of East Avenue and Wilson Avenue with a linear dimension, from north to south, of approximately 659 feet and a linear dimension, from east to west of approximately 662 feet and is presently undeveloped; and b. The site is surrounded by vacant land in all directions. The zoning of the subject property and the properties to the north and west are Low(L) Residential District and the Etiwanda 075 PLANNING COMMISSION RESOLUTION NO. 20-44 TIME EXTENSION DRC2020-00310 — RICHLAND COMMUNITIES, INC. October 28, 2020 Page 2 North Specific Plan, while the zoning of the properties to the east and south are Very low (VL) Residential District and Etiwanda Specific Plan; and C. The subdivision of the project site conforms to all applicable development standards of the Development Code for the Low (L) Residential District, Etiwanda North Specific Plan; and d. This application is a request to extend the approval period of Tentative Tract Map SUBTT18908 for one (1) additional year. The time extension is necessary to allow time for the completion of environmental permits with the US Army Corps of Engineers and the US Fish and Wildlife Service. 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 previously approved Tentative Tract Map is consistent with the City's current General Plan, Municipal Code, ordinances, plans, codes, and policies. The proposed project is for the subdivision of 10.6 acres of land for 30 single-family detached lots development. The project site is within the Low (L) Residential District, Etiwanda North Specific Plan, which permits the development of single-family projects with a density of maximum 4 dwelling units per acre. The approved 30-unit single-family development on the project site has a density of approximately 2.83 dwelling units per acres; and b. The site is physically suitable for the type of development proposed. Currently the site is undeveloped. The project involves grading of the site to comply with City requirements and to be consistent with previously approved tract maps within the vicinity of the subject property; and C. The proposed subdivision, 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; and d. The proposed subdivision complies with each of the applicable provisions of the Development Code. The proposed subdivision complies with all development standards outlined in the Development Code for single-family projects within the Low (L) Residential District, Etiwanda North Specific Plan, including density, setbacks and design; and e. The time extension is within the time limits established by State law and local ordinance. State law allows for one (1) year time extensions. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on September 28, 2016, in connection with the City's approval of Tentative Tract Map SUBTT18908. Pursuant to 076 PLANNING COMMISSION RESOLUTION NO. 20-44 TIME EXTENSION DRC2020-00310 — RICHLAND COMMUNITIES, INC. October 28, 2020 Page 3 CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicate new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or(iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with Tentative Tract Map SUBTT18908, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. In July of 2020, a biological resource update letter was submitted as part of the request for the previous one (1) year time extension request. The July 2020 letter states that no substantial changes have occurred on the project site that would necessitate new or modified mitigation measures. The report also concluded that the recommended mitigation measures that were detailed in the 2002 Biological Resource Assessment is consistent with the site conditions that were observed in 2020. The application is for a one (1) year time extension of a previously approved Tentative Tract Map with no proposed changes to the scope of the original approval. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Tentative Tract Map SUBTT18908. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension. The new expiration date for Tentative Tract Map SUBTT18908 is October 28, 2020. 6. All applicable Conditions of Approval in Resolution No.16-48 for SUBTT18908 shall apply to Time Extension DRC2020-00310. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF OCTOBER 2020. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Tony Guglielmo, Chairman ATTEST: Anne McIntosh, AICP, Secretary 077 PLANNING COMMISSION RESOLUTION NO. 20-44 TIME EXTENSION DRC2020-00310 — RICHLAND COMMUNITIES, INC. October 28, 2020 Page 4 I, Anne McIntosh, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of October 2020, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: 078