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HomeMy WebLinkAbout2022-02-09 - Agenda Packet CITY OF ■ . CUCAMONGA HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA February 9, 2022 7:00 p.m. 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 January 26, 2022. D. Public Hearings D1. LOCATED AT 11298 JERSEY BLVD NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE—11298 JERSEY BLVD, LLC -A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Industrial Employment (IE) District, APN: 0229-111-60. Staff has prepared an Environmental Impact Report of environmental impacts for consideration. (Design Review DRC2019-00766). D2. PROPOSED EXTENSION OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 — GOLDEN MEADLOWLAND, LLC - A request for approval of a sixth 1-year extension of time ("EOT") for previously approved Tentative Tract Map SUBTT16072, a subdivision of 150.79 acres located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue into 358 lots in the Low (2-4 dwelling units per acre) and Very Low (up to 2 dwelling units per acre) Residential Districts of the Etiwanda North Specific Plan. APNs: 1087-081-12, -19, -20, -21, -22, -23, and -24. Pursuant to the California Environmental Quality Act (CEQA), the proposed EOT is covered by a prior Environmental Impact Report (EIR) certified by the City Council on June 16, 2004, by City Council Resolution 04-206. No further environmental review is required for the proposed EOT, which is within the scope of the previous EIR. All requirements, mitigations, and conditions of approval associated with the certified EIR and approved Tentative Tract Map SUBTT16072 remain applicable and must be complied with. (Continued from January 26, 2022, to February 9, 2022, Planning Commission Meeting.) E. Director Announcements F. Commission Announcements G. 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. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium. State your name for the record and speak into the microphone. After speaking, please complete a speaker card located on the podium. It is important to list your name, address (optional) and the agenda item letter your comments refer to. 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 Communications." Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. As an alternative to participating in the meeting, you may submit comments in writing to Elizabeth.Thornhill(cDcityofrc.us by 12:00 p.m. on the date of the meeting. Written comments will be distributed to the Commissioners and included in the record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are 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$3,279 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while meeting is in session. Copies of the Planning Commission agendas, staff reports, and minutes can be found at www.CitvofRC.us. 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. 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, February 3, 2022, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. HPC/PC Agenda— February 9, 2022 Page 2 of 2 Historic Preservation Commission and Planning Commission Agenda February 9, 2022 MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on February 9, 2022. The meeting was called to order by Chair Dopp 7:02 p.m. A. Roll Call Planning Commission present: Chair Dopp, Commissioner Morales, Commissioner Boling and Commissioner Daniels. Absent: Vice Chair Williams Staff Present: Serita Young, Assistant City Attorney; Matt Burris, AICP, LEED AP, Deputy City Manager-Community Development, Interim Planning Director; Jennifer Nakamura, Management Analyst II; Mike Smith, Principal Planner; Jason Welday, Engineering Services Director; Brian Sandona, Principal Civil Engineer; David F. Eoff IV, Senior Planner; Vincent Acuna, Associate Planner; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chair Dopp opened the public communications and hearing no one, closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of January 26, 2022. Motion by Commissioner Morales, second by Commissioner Boling approving Minutes as presented. Motion carried unanimously 4-0 vote (Absent: Vice Chair Williams) D. Public Hearings D1. LOCATED AT 11298 JERSEY BLVD NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE — 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Industrial Employment (IE) District, APN: 0229-111-60. Staff has prepared an Environmental Impact Report of environmental impacts for consideration. (Design Review DRC2019-00766). Click or tap here to enter text. Vincent Acuna, Associate Planner, presented Commissioners with a Staff Report and presentation (copy on file). Commissioner Daniels asked about electric plug-in vehicle charging stations. Will it be provided with the buildout or sometime in the future and is eleven charging stations the appropriate number for the size of the building. Vincent Acuna replied, this project was reviewed using the older code that was in place. In terms of eleven that was being proposed will be reflected in the building plans and will be constructed. Commissioner Daniels asked if there will be any solar provided with the facility. Vincent Acuna answered there is none. Does not meet compliance with accordance Ordinance 982. Commissioner Daniels asked if there was any discussion relating to screening the wrought iron fence so there is no visibility of docking areas from the driveway off Milliken Avenue. Vincent Acuna mentioned there will be some visibility of the loading area but because of the length of the driveway, it was determined it may not be an issue, but Staff can look into further and condition the project to include that screening from Milliken Avenue. Commissioner Daniels stated on the renderings at the corner elevation, it showing fake elbows supporting the roof over the main entrance. Does that same treatment carry through other entrances of buildings on the tower elements. Vincent Acuna answered yes. Applicant Chair Dopp opened public hearing. For the record, it is noted the following correspondences were received after the preparation of the agenda packet. The actual correspondence should be referred to for details: D2. PROPOSED EXTENSION OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 — GOLDEN MEADLOWLAND, LLC -A request for a sixth 1-year extension of time (EOT)for Tentative Tract Map SUBTT16072 previously approved in 2004 to subdivide 150.79 acres located along the north side of Wilson Avenue between Etiwanda Avenue and East Avenue into 358 lots in the Low (2-4 dwelling units per acre) and Very Low (up to 2 dwelling units per acre) Residential Districts of the Etiwanda North Specific Plan. APNs: 1087-081-12, 19, 20, 21, 22, 23, and 24. (Continued from January 26, 2022,to February 9,2022, Planning Commission Meeting.) David Eoff, Senior Planner, presented Commissioners with a Staff Report and presentation (copy on file). Chair Dopp opened public hearing. For the record, it is noted the following correspondences were received after the preparation of the agenda packet, expressing support in favor for the proposed extension of time. The actual correspondence should be referred to for details: HPC/PC MINUTES—January 26, 2022 Page 2of3 Draft • Edward B. Ortiz, Jeff and Danielle Cross, Don Horvatich, Liuzong Zhou and Xiang Liu, Rosemary Kirkland, Lisa Stimpson, Brian and Patricia Gebhardt, Colleen Kuhns, Olga Gutierrez,Aldo Liberto, Eric Spaeth, Chuck Abney, Michael D'Elia, Steve and Kimberly Troli, Matthew D. Francois, Kevin Walk, Clifford Daniels, Jeff Unger, Dennis Hunt, Kristi Brown, Ed Aldaz, Cynthia Cater, Art Carlos, Arika Senecal, Joseph Davis, Michael Liu, Loren Greenwell, Yan, Carlos Rodriguez, Jennifer Jiao, Eddy Vuylsteker, Emilio Olguin, Mark Hager, Debbie Terry, Caren Clifford, Alexandra Davis, Sofia Davis, Don and DiAnne Drachand, Nader Qaqiesh. Motion by Commissioner Morales; Second motion by Chair Dopp. Motion carried 4-0 vote (Absent - Vice Chair Williams) to continue the item and Staff will draft a Resolution to support the findings of the 1-year extension. E. Director Announcements - None F. Commission Announcements — None G. Adjournment Motion by Commissioner Boling, second by Commissioner Daniels to adjourn the meeting, motion carried unanimously, 4-0 vote. (Absent—Vice Chair Williams) Meeting was adjourned at 11:20 p.m. Respectfully submitted, Elizabeth Thornhill Executive Assistant, Planning Department Approved: HPC/PC MINUTES—January 26, 2022 Page 3 of 3 Draft L CITY OF RANCHO CUCAMONGA �l DAT February 9, 2022 TO: Chairman and Members of the Planning Commission FROM: Matthew R. Burris, AICP, LEED AP, Deputy City Manager/Interim Planning Director INITIATED BY: Vincent Acuna, Associate Planner SUBJECT: LOCATED AT 11298 JERSEY BLVD NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE — 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Industrial Employment (IE) District, APN: 0229- 111-60. Staff has prepared an Environmental Impact Report of environmental impacts for consideration. (Design Review DRC2019-00766). RECOMMENDATION: Staff recommends the Planning Commission take the following action: • Certify the attached Environmental Impact Report of environmental impacts and adopt the project's Mitigation Monitoring and Reporting Program; and •Approve Design Review DRC2019-00766 through the adoption of the attached Resolution of Approval with Conditions. EXECUTIVE SUMMARY: A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre site. BACKGROUND: The project site is a vacant parcel with an area of 7.39 acres (Exhibit A). The rectangular project site has dimensions of about 750 feet east to west and about 450 feet north to south. The street frontage of the site along Jersey Boulevard and Milliken Avenue is about 680 feet and 450 feet respectively. The site is generally level with a gradient from north to south. The elevation of the site is about 1,140 feet and 1,130 feet at the north and south property lines respectively, which results in a change in elevation of about 10 feet. There are no trees on the site and vegetation/ground cover is very limited. The existing Land Use, General Plan, and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Vacant Industrial Employment Industrial Employment IE District North Industrial/Warehouse Buildings Neo Industrial Neo Industrial NI District South Fire Station and Training Center Industrial Employment Industrial Employment (IE) District East Industrial/Warehouse Building Industrial Employment Industrial Employment (IE) District West Industrial/Warehouse Building Industrial Employment Industrial Employment (IE) District PROJECT ANALYSIS: A. General: The applicant proposes to construct an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. (Exhibit B). Units range in size from 38,490 to 42,368 square feet, with each unit featuring an office and restroom area of roughly 2,000 square feet. All office/restroom areas are located toward the front of the building either along Jersey Boulevard or Milliken Avenue. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses. The dock loading/storage area will be located on the north side (rear) of the building away from public view. The rear loading/unloading area will be secured by a 6-foot-high wrought iron fence along the interior north and east property line. Retaining walls with a maximum height of 4 feet and 6 inches are proposed on two areas along the site's interior north property line to make up for the grade difference between the subject property and the existing lot to the north. The combined height of all iron fencing and retaining walls is 8 feet, meeting the 8-foot maximum wall height for industrial areas. On July 16, 2021, the City Council adopted Ordinance 982 which established new development standards for industrial projects throughout the City in response to a high demand in industrial development. This project is exempt from Ordinance 982 as the project was deemed complete on January 4, 2021, prior to Ordinance 982 becoming effective on August 20, 2021. The proposed project meets all applicable development standards according to the development code prior to the adoption of Ordinance 982 for the Industrial Employment (IE) District (formerly Minimum Impact/Heavy Industrial), as shown in the table below. The project also complies with the landscaping requirements as prescribed in the Development Code. The distribution of landscaping will be generally along the street frontages, in the parking lot, and along the south and west sides of the project site. Development Standard Required Proposed Com lies? Building Height Max 70' * 45' YES ✓ Floor Area Ratio 0.4 to 0.6 0.5 YES ✓ Front Setback- Major Arterial Min. 45' 63' YES ✓ Milliken Avenue Front Setback— Collector Min. 25' 85' YES ✓ (Jersey Boulevard Rear Setback 0' 121' YES ✓ Landscape Percentage J Min. 10% 110.81% YES ✓ Landscape — Number of Trees I Min. 31 1 111 YES ✓ *Max 70 feet as long as building is set back 1 foot from front setback for every 1-foot building height exceeds 35 feet. B. Architecture: The proposed building will be of concrete tilt-up construction painted with a palette of two colors. The building will have form-lined concrete panels at various locations (Exhibit C). As the uses expected within the building are to be logistics oriented, there is limited articulation of the wall planes in order to maximize the efficiency of the interior space. However, this limited articulation does not result in an overwhelming building mass, as vertical columns of sandblasted concrete break up the building facade.Additionally, a generous application of glass panels along the building's east and south elevations facing public streets resemble the appearance of an office building (Exhibit D). Four standing seam canopies are featured above the four suite entrances along the building's south elevation, further increasing architectural interest. Page 2 of 6 C. Parking and Circulation: There are three proposed points of vehicular access located along the south (Jersey Boulevard) and northeast (Milliken Avenue) portions of the project site. Two driveways leading directly to the rear loading dock will be secured by sliding wrought iron gates. To maintain adequate ingress and egress for emergency vehicles for the public safety facility immediately south of the site, the project is conditioned to only allow right in, right out truck traffic from the westernmost driveway along Jersey Boulevard. Per Table 17.64.050-1 of the Development Code, the parking requirement is based on the proposed mix of office and warehouse floor areas in the building. The project is required to provide 91 vehicle parking spaces based on the proposed 151,453 square feet of warehouse and 8,127 square feet of office area as shown in the following table: Type of Use Floor Area Parking Number of (Square Feet) Ratio Spaces Required Proposed Building (overall) 159,580 Office 8,127 1/250 33 Warehouse 151,453 varies' 58 Total Required/Total Provided: 91/912 1 - For warehouse uses, the parking calculations are 1 space per 1,000 square feet for the first 20,000 square feet; 1 space per 2,000 square feet for the second 20,000 square feet; and 1 space per 4,000 square feet for additional floor area in excess of the first 40,000 square feet. 2-The trailer parking requirement is calculated separately from the standard parking requirement and is based on a ratio of one stall per dock door. 12 trailer parking spaces are required,and 12 are provided. D. Rail Spur: An existing north-south rail spur is located along the west property line of the project site. Per Section 17.36.040.D.7 of the Development Code, the project is required to account for potential rail service. The project proponent is not required to construct rail-related improvements on the property. However, the project is required to demonstrate how the site could have a functional/practical rail service in the event that any future owner/tenant decides that rail service is required/desired. The applicant has prepared an Alternate Site Plan (Exhibit E) that shows a proposed rail spur aligned along the west of the site and adjacent to the west side of the building, with the rail spur entering the property at the northwest corner of the site. In the event that rail service is established, a drive aisle running north to south of the project site will need to be modified for one-way traffic. No reduction in the number of parking stalls will occur. Access by passenger vehicles, trucks, and emergency vehicles would continue to comply with the applicable requirements described in the Development Code and Building/Fire Code. The architecture and floor area of the building would not be affected by the addition of the rail spur. E. Design Review Committee: The project was reviewed by the Design Review Committee (Oaxaca, Williams, and Smith) on February 2, 2021. No major or secondary issues were discussed, as reflected in the Design Review Committee Comments (Exhibit F). The Committee recommended approval of the project as proposed to the Planning Commission. F. Public Art: This project is required to provide public art as outlined in Chapter 17.124 of the Development Code. Based on the industrial square footage of the project, the total art value required per Section 17.124.020.C. is $159,580. A condition has been included pursuant to the Development Code that requires the public art requirement to be met prior to occupancy. CEQA DETERMINATION: Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No. Page 3 of 6 2021060608), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning tool for the Planning Commission and City Council to use in determining the appropriate and best land use for the project site. The intent of this EIR is to address and evaluate potentially significant impacts of the proposed project and identify feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts. A summary of all of the project-related impacts and the recommended mitigation measures is provided in the Final EIR. The following summarizes key points in the environmental review process: Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA recommends conducting a scoping meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR. The public scoping meeting is to receive public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project and environment. Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the project and circulated on June 28, 2021, to the State Clearinghouse (SCH No. 2021060608), public agencies, Native American tribes, those interested parties who had previously requested notification and all property owners within 660 feet of the subject site. The notice advertising the NOP and the public scoping meeting was also published in the Inland Valley Daily Bulletin on June 25, 2021 and made publicly available on the City's website. The Public Scoping Meeting was held virtually over Zoom on July 13, 2021. A representative from the Southwest Carpenter's Union was in attendance and discussed the importance of hiring a local workforce for the construction of the project. The public comment period to respond to the NOP closed on August 3, 2021 and a comment letter was received from the Native American Heritage Commission. Written responses to all significant environmental issues raised were prepared and made available in the Draft Environmental Impact Report (DEIR). AB 52 Compliance: Notification in accordance with AB 52 was sent on January 11, 2021 to tribal communities from a list of six tribes that have requested notification by the city. In response, the San Manuel Band of Mission Indians (SMBMI) responded with comments though they did not request consultation. Rather the SMBMI provided language which they requested be made a part of the project mitigations. Accordingly, language from SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program (MMRP). One other tribe, the Gabrieleno Band of Mission Indians — Kizh Nation, also responded to the City's notification and requested for consultation. However, no response from the tribe was received after multiple attempts to set up a consultation. Therefore, mitigation measures previously approved by the Gabrieleno Band of Mission Indians — Kizh Nation were incorporated into the MMRP. Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR was prepared and was distributed to Responsible and Trustee agencies, and individuals who requested to review the DEIR. The DEIR was distributed for a 45-day public review period on November 12, 2021 with the comment period concluding on December 27, 2021. A Notice of Availability including electronic links to the DEIR and all technical appendices was posted at the County, published in the Inland Valley Daily Bulletin, mailed to all property owners within 660 feet, interested parties requesting such notification and posted on the city's website on November 9, 2021. Further, and also on November 9, 2021, the DEIR and all technical appendices were provided to the Office of Planning and Research via the online "CEQAnet" portal for distribution to Responsible and Trustee agencies and hard copies of the DEIR and all technical appendices were provided for public review at the following locations: Page 4 of 6 • Archibald Library— 7368 Archibald Avenue, Rancho Cucamonga, CA 91730; • Paul A Biane Library— 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739; • Planning Department Public Counter at City Hall — 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Comments were received from the Cucamonga Valley Water District (CVWD) and Lozeau Drury, LLP. The CVWD letter received on November 30, 2021, requested that the DEIR reference CVWD's 2020 Urban Management Plan (UWMP) instead of the 2015 UWMP, provided notification that the applicant may be responsible for relocating a sewer main adjacent to the subject site, and contained a reminder to coordinate with the CVWD's engineering department to determine pipeline capacity. The Final Environmental Impact Report(FEIR) made all pertinent corrections with regards to the UWMP, clarified that the presence of the main sewer line adjacent to the property has already been addressed in the DEIR, and noted that coordination with CVWD's Engineering Department is already required per the City's Standard Conditions of Approval. The letter received from Lozeau Drury, LLP received on November 19, 2021, stated that the DEIR fails as an informational document and fails to impose feasible mitigation measures to reduce the project's impacts. The letter failed to provide any substantial evidence to explain or support this comment. Given the lack of substantial evidence supporting their claim, no additional analysis, modification, mitigation or recirculation of the Draft EIR is required. Technical appendices and supporting documentation can be referenced on the City`s website under the tab "CEQA Documents Available for Review" under the Current Projects & Planning Initiatives which can be accessed here: https://www.cityofrc.us/community-development/planning. Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring program has been prepared. The MMRP is a reporting program that identifies each adopted mitigation measure or project design feature that reduces the significance level of a particular impact. The MMRP indicates responsibility and timing milestones for each mitigation measure. Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The EIR concludes that upon implementation of the project and all recommended mitigation measures, impacts associated with the project would remain less than significant. No significant and unavoidable impact was identified; thus, it is determined that no Statement of Overriding Consideration is required to be adopted. CORRESPONDENCE: This item was advertised as a public hearing with a regular 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 written correspondence, phone calls, or in person inquiries have been received regarding the project notifications. FISCAL IMPACT: The applicant has submitted a Fiscal Impact Analysis prepared by Stanley R. Hoffman and Associates, dated April 5, 2021. The Fiscal Impact Analysis concluded that the City would receive an estimated one-time development impact fee revenue of $1,020,930. Additionally, the project would produce an annual recurring surplus to the General Fund in the amount of $3,492 and $5,224 to the Library Fund from property tax revenues. Page 5 of 6 COUNCIL GOAL(S) ADDRESSED: The development of the project achieves the City Council's Core Value of "Intentionally embracing and anticipating the future," and "continuous improvement." In addition to providing the City with new industrial warehouse facilities which will attract quality tenants, the project also results in parkway improvements along Jersey Boulevard and Milliken Avenue, enhancing the visual character and streetscape of these throughfares. EXHIBITS: Exhibit A-Aerial Exhibit B - Site Plan Exhibit C - Elevations Exhibit D - Renderings Exhibit E - Alternate Site Plan for Rail Service Exhibit F - Design Review Committee Comments (February 2, 2021) and Action Agenda Exhibit G - Environmental Impact Report Exhibit H - Mitigation Monitoring Program Exhibit I - Draft Resolution 22-001 of Adoption for Environmental Impact Report and Mitigation Monitoring and Reporting Program Exhibit J - Draft Resolution 22-002 of Approval for Design Review DRC2019-00766 Exhibit K - Statement of Agreement DRC2019-00766 Exhibit L - Conditions of Approval DRC2019-00766 Page 6 of 6 wn.r. AAA•:+Y ti. J �y Y 1�� .I k Dow Chemic - , PROJECT SITE Jersey Blvd Jer 61vd Jersey Blvd � Jersey Blvd Jersey Cifvd IA � ! g 1 SITE PLAN KEYED NOTES : Ol 4" CO NC. WALK W/ *4 -a 18" OL, EA. WAY PROVIDE EXP, JOINTS -s MAX, 12'-0" O,C, AND TOOL JOINTS ,8 MAX 4'-0" O.C, REFER TO CIVIL DWGS FOR ALL SLOPES O2 GONG, CURB REFER TO CIVIL DRAWINGS LANAREA 3 24 25 3 O REFDR TOP LANDSCAPE DWGS. - 13 O PAINT 4" WIDE BLUE COLOR Ln PROPERTY LINE F- I O PAINT 4" WIDE PARKING STRIPING 27 O 7 37 BIKE RACK FOR 2 BIKES 38 2 TYP. TYP. wv O TRASH ENCLOSURE 10 61 3 7 TYP. PAINTED DIRECTIONAL ARROWS TYP. ,n T O INTERNATIONAL SYMBOL 10 CONCRETE PAVING REFER TO CIVIL DRAWINGS � 9 11 11 11 11 r� 11 ro" THICK CONCRETE PAVING AT LOADING DOCK 10 TYP' 26 REFER TO CIVIL DRAWINGS T 36 36 36 TYP. 38 LOADING TYP• LOADING LOADING TYP. LCADING TYP- 12 TRUNCATED DOMES DOCK e e e QCCK DOCK e e = CK e e � @ � � e e � � 13 ELECTRICAL TRANSFORMER TYP. I4'- " 14'- " 14'- " 14'- 14'- " 14'- " TYP• 14'- " 14'- 14'- 14'- ENTRANCE ACCESSIBLE PARKING SIGN 19 19 19 16 15 ACCESSIBLE PARKING SIGN U o a 3 DOCK DOORS 3 DOCK DOORS 3 DOCK DOORS 3 DOCK DOORS [E=LE=C PROP.RIGHT-OF-WAY 16 ELECTRICAL ROOM DEDICATION Ld \\1144DO FF. t P It4m73 FF• 17 PROVIDE PERMANENT MARKING ON GROUND Q 114350 PAD 114023 PAD AS PER CGBSC SECTION 5.1062.1 TO READ 0 (.0 W "CLEAN AIR / VANPOOL / EV" _ 31 Z O J Q � 18 ul HATCHED AREA OF TOTAL 11 PARKING STALLS INDICATES m ~ THE FUTURE INSTALLATION OF ELECTRIC VEHICLE Q SUPPLY EQUIPMENT, SEE ELECTRICAL DRAWINGS FOR O v o I RACEWAY BETWEEN SERVICE PANEL AND SUBPANEL J1 Q 19 l00"x 60" AND 64"x60" CONC. LANDING AT DOUBLE DOORS 0 AND SINGLE DOORS RESPECTIVELY WITH MAXIMUM 29. SLOPE W O z D O 2 20 RAMP WITH MAXIMUM 833% SLOPE 00 C O 00 15'-0" 21 PATH OF TRAVEL 0-) 22 FIRE SPRINKLER RISER ONE AT EACH UNIT TOTAL OF 4 37 3 TYP• 23 FREE STANDING MONUMENT 4 -1UNIT "104" UNIT "103„ UNIT '110211 UNIT "101" UNDER SEPARATE PERMIT 30'-01, 38,490 SQ,FT. 39,213 SQ, FT. N 24 E 39,213 SQ. FT, 42,368 SQ, FT, XISTING 20'-0" SEWER EASMENT 25 RELOCATED EXISTING 20'-0" SEWER EASMENT REFER TO CIVIL DRAWINGS 10 TYP, 26 DRIVEWAY REFER TO CIVIL DRAWINGS 27 GONG. WHEEL STOP 155'-2" 155'-2" 155'-2" 15l'-II" 15'-O 28 OUTDOOR EMPLOYEE AREA SEE LANDSCAPE PLAN 32 29 MOTORIZED (a) SLIDING (b) SWINGING 6'-0" HIGH GATE 33 FOR ELEVATIONS, REFER TO SHEET A-12 9 FRONT YARD SETBACK FOR PARKING 4 LANDSCAPE = 25'-0" 31 31 STREET SIDE YARD SETBACK = 45'-0" 0 i OFFICE OFFICE 32 SIDE YARD SETBACK = 5'-0" 114283 FF. 1139.11 FF, 8 33 STREET SIDE YARD SETBACK DUE TO l'-O" INCREASE IN BUILDING HEIGHT = 52'-0" 114233 PAD OFFICE OFFICE TYP, 113921 PAP 34 STREET SIDE YARD SETBACK DUE TO 10'-0" INCREASE IN BUILDING HEIGHT = 55'-0" > 29'-10° 1 S 15 J 1 uP TYP, 1 � 35 LINE OF 1'-0" PARKING OVERHANG m 6 36 TRAILER SPACE PARKING x w u� 00 2 ~ 11'-0" 9�_0�� 9'_0�� 9�_0�� 9�_0�� 9 e 20 9'-0" i p IJ (n 1 - - 37 EXISTING PUBLIC FIRE HYDRANT J � Ld 9 28 ® o 0 0 0 0 21 uP '- '- '- ® 21 o 0 0 0 35 ® ° 38 LIGHT POLE SEE PHOTOMETRIC SITE PLAN o _ 9 34 3 20 0 B Z 4 3 17 18 34 38 = 20 �O NOTE. 12 4 TYP, 3 8 17 18 8 p � to TYP. TYP. TYP. rrP 10 TYP ALL PARKING SPACES SHALL BE PAINTED WITH DOUBLE STRIPE, w Q 21 TYP. 38 T PER RCMC SECTION 11.64.080(AX1) J < U Q z ri 9'-0" 9'-0" 9'-0" 9'-0" = 9'-0" 9'-0° 9'-0° 9'-0" (� 36 E�T Yf-H, 30 f 14 TYP. - 23 PROJECT SUMMARY w z a _ �� B J O W 14 E 3 35 14 e 3 35 30 I° OWNER / DEVELOPER : — 45 DRIVEWAY TYP. TYP, p Lu N 30 DRIVEWAY TYP. TYP. P W TY 11298 JERSEY BLVD., LLC o 26OPE �' oB Pe PB 1801 SOUTH MOUNTAIN AVE. Z O 26 �� DEDICATION r-oF-WAY MONROVIA, CA 9101(o w v 0 37 ZZ LLJ o a II. PROJECT ADDRESS : cjr) 0 NORTHWEST CORNER OF MILLIKEN AVE. 4 JERSEY BLVD. � BLVD. bi jERSEY RANCHO CUCAMONGA, CA 91130 U ~ III. CODE DATA: o 0 z ZONING : MINI TYPE OF CONSTRUCTION : V-B SIT P ANx OCCUPANCY - B, SI Z w 00,cam, o N2 o SHEET INDEX STORY : 1 O z Z �C VLI Q a z aa-5 A-1 SITE PLAN AND PROJECT INFORMATION IV. SITE : a��-'--�+ U) Z 0-U- E A-1.1 FIRE ACCESS PLAN APN'S : 0229-111-60-0-000 � W J LOT AREA : 321,988 50. FT, (1.39 AG) A-1.2 FENCE SITE PLAN TOTAL LANDSCAPE AREA : 35,565 50, FT. (11%) U A-1.3 PHOTOMETRIC SITE PLAN REQUIRED BREAK AREA : 4 x 500 = 2,000 SQFT, A-LB ALTERNATE SITE PLAN AND PROJECT INFORMATION PROVIDED BREAK AREA : 4023 SQ. FT. a N ao A-2 FLOOR PLAN Lu V. BUILDINGS AREA : '—' Z ~U li J p F U A-3 ROOF PLAN TOTAL WAREHOUSE AREA : 143,014 SQ. FT, N = o A-4 BUILDING ELEVATIONS z w 0 3 TOTAL MEZZANINE STORAGE AREA : 8,121 SQ, FT, O o L-1 PRELIMINARY LANDSCAPE PLAN TOTAL OFFICE AREA : 8,121 SQ. FT, L-2 PRELIMINARY LANDSCAPE NOTES AND CALL ELECTRICAL ROOM AREA : 312 50, FT. 1 OF 1 SITE UTILIZATION MAP TOTAL BUILDING AREA : 159,580 5Q, FT, (4(35% FAR) 1 OF 1 CUT & FILL EXHIBIT 1 OF 4 PRELIMINARY GRADING PLAN VI. PARKING : 2 OF 4 PRELIMINARY GRADING PLAN REQUIRED PARKING : 3 OF 4 ALTERNATE PRELIMINARY GRADING PLAN WAREHOUSE INCLUDING MEZZANINE : o 0 4 OF 4 ALTERNATE PRELIMINARY GRADING PLAN FIRST 20,000 50, FT. : 20,000 6 1/1000 = 20 STALLS N SECOND 20,000 SQ, FT. : 20,000 6 1/2000 = 10 STALLS Z 1 OF 2 WQMP SITE PLAN OVER 40,000 SQ. FT. : 111,453 -a 1/4000 = 28 STALLS a o cYi a o 2 OF 2 WQMP SITE PLAN OFFICES : 8,121 s 1/250 = 33 STALLS TOTAL REQUIRED : 91 STALLS M TOTAL PROVIDED : 91 STALLS r*l m 0 WA00)O7/47 MIT aal 4 11 — m M. "•'""NtlN"'""' nP m nP m m m P nr_ arse,n SOUTH ELEVATION , WALE P.1tli' SOP' Q:P OO w�aW.wsw.omena�aea.� ��wPwrm. J rr Mimi • t . � '�u.rorraro,.awsew.�roe.uaeiwn gas Dw�torr,D. w �o EASTELEVATIONm. WEST ELEVATION m. m. m_ �' `ra•"i•r,Wu..x�nnmu� rn $ N OCYE�P•1.'i' 9LNE:1'•10'-0' ®�Ye t1Pa�brtcxltusnv5 . N 3 . V I S U A L I Z A Tr 3 . V 11 S A L I Z A T 1 . t NORTH ELEVATION w 0 3a Q�t N a� N`MWCQG. U 8� rs®a®rtmJ � Oww�vmc. Y �mmJ �ia+a PiPgf£} 7.p Z (G w �W ! ! f f f f f f f f 9 f f f f f f f 4 9 11d eel°'! Al f d f f n/l VS vH w�ace viKw PFrx cm DavFn L�xDicsm 4 1 30 Ln�aw,mxrLoax M. M. ttP. 8 10 8 S ENLARGED PARTIAL ELEVATION use e. o g R C Exhibit C �. � l � �� i - j ���`�- �''� �` �� �� rya. •. •Tom' - ��� .i-:.11 � - _. _ � _ - � ..- _ � �� /�. � - - � .; _ ih. ,ry � •�' k�� i�yrk'".rti...a r.■■.,, .. .. .. JERSEYalimai Is,; INDUSTRIAL M COMPLEX ■ -UT WILLIAM SIMPSON NORTHWEST CORNER OF MILLIKEN AVE.AND JERSEY BLVD. !�N r RANCHO ASSOCIATES, INC. CONSULTING ORCHARD.23 FOREST.LAKE 0 F 19491 206-9955 I ' , � I , � I , � I , � I I SITE PLAN KEYED NOTES : I O1 4" CONC. WALK 1 1*4 a 18" O.C. EA, WAY 1 I PROVIDE EXP. JOINTS a MAX. 12'-0" O.C. AND TOOL JOINTS 6 MAX 4'-0" O.C. I REFER t0 CIVIL DWGS FOR ALL SLOPES O2 CONC. CURB REFER TO CIVIL DRAWINGS I O LANDSCAPE AREA 3 24 25 3 I REFER TO LANDSCAPE DWGS. O PAINT 4" WIDE BLUE COLOR PROPERTY LINE , I I -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - -- - PAINT 4" WIDE PARKING STRIPING I 6 BIKE RACK FOR 2 BIKES I 37 O TYP. TYP. ��O I ' wM I 0 TRASH ENCLOSURE I , 1 3 oI - 7 TYP. I Os PAINTED DIRECTIONAL ARROWS - I I TYP. ,� , , L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - T O INTERNATIONAL SYMBOL 8 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I ACCESSIBILITY. I i - - - - IL - - - - - - - - - - - - - - - - - - - - - - - - - - 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10 CONCRETE PAVING REFER TO CIVIL DRAWINGS 11 11 11 11 9 I 11 6 R " THICK CONCRETE PAVING AT LOADING DOCK I 10 TYP. - 26 REFER TO CIVIL DRAWINGS L D 36 36 36 36 TYP. 38 m TYP. LOADING TYP, LOADING LOADING TYP. LCADING TYP. II 12 TRUNCATED DOMES I a DOCK ELECTRICAL TRANSFORMER CK DO K = = CK I I � � � .0I I � 13� e a" � � � .0 TYP. 14'- 14'- 14'- 14'- 14_ TYP. 14'- 14'- 14'- 14'- 141- ENTRANCE ACCESSIBLE PARKING SIGN I 15 ACCESSIBLE PARKING SIGN U I I 3 DOCK DOORS 3 DOCK DOORS 3 DOCK DOORS 3 DOCK DOORS JELEC M I I PROP.RIGHT-OF-WAY I 16 ELECTRICAL ROOM 22 DEDICATION I W I TYP. 312 SQ. FT. i I 17 PROVIDE PERMANENT MARKING ON GROUND < (.0 , I AS PER CGBSC SECTION 5.1062.1 TO READ "CLEAN AIR / VANPOOL / EV" I � zo Lu 31 I J Q 0')18 HATCHED AREA OF TOTAL 11 PARKING STALLS INDICATES m ?Q I THE FUTURE INSTALLATION OF ELECTRIC VEHICLE U W i I SUPPLY EQUIPMENT, SEE ELECTRICAL DRAWINGS FOR -2 I I RACEWAY BETWEEN SERVICE PANEL AND SUBPANEL LLJ Q j1 19 lmm"x 60" AND 64"x(o0" CONC. LANDING AT DOUBLE DOORS O I AND SINGLE DOORS RESPECTIVELY WITH MAXIMUM 290 SLOPE W O Z � O 20 RAMP WITH MAXIMUM 833io SLOPE pp o 00 I J I I I 0-) I 21 PATH OF TRAVEL N Q UNIT "104" UNIT 1110311 UNIT 11102" UNIT "1 1 " W I I I 22 FIRE SPRINKLER RISER ONE AT EACH UNIT TOTAL OF 4 3%13 SQ. FT. 42,368 SQ. Ft. I 37 I 38,490 SQ. FT. 39213 SQ, FT, I 23 FREE STANDING MONUMENT 4 - 30'- e I I 3 TYP. I1� I UNDER SEPARATE PERMIT ' I UNIT "104" UNIT "103„ UNIT 102 UNIT "101 " I I I I �• 24 EXISTING 20'-0" SEWER EASMENT 1 I I 1 I 25 RELOCATED EXISTING 20'-0" SEWER EASMENT I / O REFER TO CIVIL DRAWINGS I I •� ..; Y 1 10 TYP I I I 26 DRIVEWAY REFER TO CIVIL DRAWINGS I I I ROLL UP DOOR LLI FOR RAIL ROAD I Ii 27 CONC. WHEEL STOP I - 155'-2" 155'-2" 155'-2" 15�'-11" 15'-O" OUTDOOR EMPLOYEE AREA SEE LANDSCAPE PLAN 32 I rO MOTORIZED (a) SLIDING (b) SWINGING 6'-0" HIGH GATE 29 FOR ELEVATIONS, REFER TO SHEET A-12 [V IWI- FRONT YARD SETBACK FOR PARKING 4 LANDSCAPE = 25'-0" 0 I / STREET SIDE YARD SETBACK = 45'-0" ' THIN 11111111111 32 SIDE I OFFICE � , � � OFFICE DE YARD SETBACK = 5 � / � � i ! 8 33 STREET SIDE YARD SETBACK DUE TO 1'-0" INCREASE IN BUILDING HEIGHT = 52'-0" o 15 OFFICE OFFICE I / / 34 STREET SIDE YARD SETBACK DUE TO 10'-0" INCREASE IN BUILDING HEIGHT = 55'-0" J 1s 1s I uP TYP, L� — — �/ / 35 LINE OF I'-0" PARKING OVERHANG >- UP - - - 6 - - - - - - - - - - - - - - - - - - - — — y 2� / 36 TRAILER SPACE PARKING Xbi - - - - - - - - - - - - - - - - - - - - - - - - - - — W ~ 12'-0" V-0" V-0" V-0" V Oil 9 V2O 9'-0" _ = i / / J � 1 / / % 37 EXISTING PUBLIC FIRE HYDRANT w I 28 ® o 0 0 0 0 21 uP r r •- ® o 0 0 0 ? ® / B / 38 L,E SEE PHOTOMETRIC SITE PLAN I I 20 / o I 15 3 20 2 u B Z 4 3 17 18 34 38 20 12 4 �—O / / � / Q 0) TYP. 17 18 8 - - - _ - - - - 1 - - — — — — — — — — — — — — - - — — — — - - - - - - - - TYP_ — — — — TYP. 10 TYP. / / TYP. ALL PARKING SPAGES SHALL BE PAINTED WITH wQ — — — — — — — — — — — — — — — — I 21 TYP. - - - - - - - - - - - - - - - - - - - - - - - - - t7 T / / DOUBLE STRIPE PAVEMENT MARKINGS. J QU �■ _ _ _ = 23 / Z Q 36 TYP 30 9'-m" v-m" 9'-m" 9'-011 14 LITYP PROJECT SUMMARY Y z - - -�� - - - - - - - - - - — �� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PB / ~ J� 3 3 -� / I. OWNER / DEVELOPER : _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 45' DRIVEWAY 14 E ; 34 14 9 34 3 30 DRIVEWAY — � � _ TYP. TYP, TYP. TYP. P / � 26 -- -- - -- -- - - PROPER.IY--LINE- -- PBvI -- -- -- -- -- -- -- 11298 JERSEY BLVD., LLC z U PE PB 1801 SOUTH MOUNTAIN AVE. O O - -- - - - DEDICATION / U I -OF-WAY MONROVIA, CA 9101(o w = / W �z 37 O Q / II. PROJECT ADDRESS : C/-) 0 LLJ -- -—-—-—-—-—-—- -—- -—-— —- -—-—-—- —- -—- -—-—- -—-—-—- -—- - - 11298 JERSEY BLVD. -JE-R&EY$LVD---- - -- --- -------- — — --- -------- -- -�- ---------------------- 0 RANCHO CUCAMONGA, CA 91�30 III. CODE DATA: 0 ZONING : MINI ALTERNATE SITE PLATYPE OF CONSTRUCTION : V-B N x / OCCUPANCY : B, SI �-+ U W a a u i i i i w STORY : 1 Z z �� a z 0-U E IV. SITE : w w APN's : 0229-111-60-0-000 LOT AREA : 321,955 50. FT. (139 AC) U 3 TOTAL LANDSCAPE AREA : 35,565 SQ. FT. (11%) � N Vl O O z WC4 V. BUILDINGS AREA : J N< U TOTAL WAREHOUSE AREA : 143,014 SQ. FT. N a Z 003 TOTAL MEZZANINE STORAGE AREA : 8,121 SQ. FT. O oLu M TOTAL OFFICE AREA : 8,121 SQ. FT, U N ELECTRICAL ROOM AREA : 312 SQ, FT. TOTAL BUILDING AREA - 159,580 SQ, FT, 45 I -0 I I VI. PARKING : 01 REQUIRED PARKING GATE ELEVATION WAREHOUSE INCLUDING MEZZANINE : N FIRST 20,000 SQ, FT. : 20,000 6 1/1000 = 20 STALLS N • • 5G AL E = 3/1(o = 11 _ i i SECOND 20,000 SQ, FT. : 20,000 1/2000 = 10 STALLS Z OVER 40,000 SQ. FT. : 111,453 6 1/4000 = 28 STALLS a �� o cYi a o OFFICES : 8,121 s 1/250 = 33 STALLS Lo TOTAL REQUIRED : 91 STALLS M TOTAL PROVIDED : 91 STALLS m 0 DESIGN REVIEW COMMENTS February 2, 2021 7:00 p.m. Vincent Acuna, Associate Planner DESIGN REVIEW DRC2019-00766 — 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Minimum Impact/Heavy Industrial (MI/HI) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue —APN: 0229-111-60. Staff is preparing an Initial Study/Mitigated Negative Declaration of environmental impacts for consideration. Site Characteristics and Background: The project site is a vacant parcel with an area of 321,988 square feet (7.39 acres). The rectangular project site has dimensions of about 750 feet east to west and about 450 feet north to south. The street frontage of the site along Jersey Boulevard and Milliken Avenue is about 680 feet and 450 feet, respectively. The site is generally level with a gradient from north to south. The elevation of the site is about 1,140 feet and 1,130 feet at the north and south property lines respectively, which results in a change in elevation of about 10 feet. There are no trees on the site and vegetation/ground cover is very limited. The existing Land Use, General Plan, and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Vacant Heavy Industrial Minimum Impact/Heavy Industrial MI/HI District North Industrial/Warehouse General Industrial General Industrial (GI) District Buildings South Fire Station Civic/Regional Minimum Impact/Heavy Industrial MI/HI District East Industrial/Warehouse Heavy Industrial Minimum Impact/Heavy Industrial Building MI/HI District West Industrial/Warehouse Heavy Industrial Minimum Impact/Heavy Industrial Building MI/HI District Project Overview: The applicant proposes to construct an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. Units range in size from 38,490 to 42,368 square feet, with each unit featuring an office and restroom area of roughly 2,000 square feet. All office/restroom areas will be located toward the front of the building either along Jersey Boulevard or Milliken Avenue. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses. The dock loading/storage area will be located on the north side of the building away from public view. There will be two points of vehicular access via two driveways at the southwest and northeast corners of the project site. The building, based on the anticipated warehousing/distribution use, is required to have 91 passenger vehicle parking stalls. The project provides 91 stalls, meeting the parking requirement. As there are nine dock doors, a matching number of trailer parking stalls are provided as required by the Development Code. The distribution of landscaping is generally along the street frontages towards the east and south of Exhibit F DRC COMMENTS DESIGN REVIEW DRC2019-00766 — 11298 JERSEY BLVD, LLC February 2, 2021 Page 2 the project site, and within the building's parking area. Landscape coverage is 10.81%, slightly exceeding the landscape coverage of 10% required by the Development Code. An existing north-south rail spur is located along the west property line of the project site. Per Section 17.36.040.D.6 of the Development Code, the project is required to account for potential rail service. The project proponent is not required to construct rail-related improvements on the property, however, the project is required to demonstrate how the site could have a functional/practical rail service in the event that any future owner/tenant decides that rail service is required/desired. The applicant has prepared an Alternate Site Plan (Sheet A1.B) and a Grading Plan (Grading Sheet 3 of 4)that show a proposed rail spur aligned along the west of the site and adjacent to the west side of the building, with the rail spur entering the property at the northwest corner of the site. In the event that rail service is established, a drive aisle running north to south of the project site will need to be removed. However, no reduction in the number of parking stalls will occur. Access by passenger vehicles, trucks, and emergency vehicles would continue to comply with the applicable requirements described in the Development Code and Building/Fire Code. The architecture and floor area of the building would not be affected by the addition of the rail spur. The proposed building will be of concrete tilt-up construction painted with a palette of two colors. The building will have form-lined concrete panels at various locations. As the uses expected within the building are to be logistics oriented, there is limited articulation of the wall planes in order to maximize the efficiency of the interior space. However, this limited articulation does not result in an overwhelming building mass, as vertical columns of sandblasted concrete break up the building fagade. Additionally, a generous application of glass panels along the building's east and south elevations facing public streets give the building appearance of an office building. Four standing seam canopies are featured above the four suite entrances along the building's south elevation, further increasing architectural interest. The rear loading/unloading area is secured by a 6-foot high wrought iron fence along the interior north and east property lines of the site and sliding wrought iron gates are being installed at the two driveway entrances. Retaining walls with a maximum height of 4 feet and 6 inches are proposed on two areas along the site's interior north property line to make up for grade difference. The combined height of all iron fencing and retaining walls meet the 8-foot maximum wall height for industrial areas. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding the project: None Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: None DRC COMMENTS DESIGN REVIEW DRC2019-00766 — 11298 JERSEY BLVD, LLC February 2, 2021 Page 3 Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) screened behind a 4-foot high block wall. These walls shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in-place concrete with design elements incorporated to match the building. 2. All ground-mounted equipment, including utility boxes, transformers, and back-flow devices, shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. All ground-mounted equipment shall be painted dark green except as directed otherwise by the Fire Department. 3. Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls. 4. All wrought iron fences and sliding gates shall be painted black or similarly dark color. 5. Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the building setback line and have a width equal to that of the driveway. Staff Recommendation: Staff recommends that the Committee recommend approval of the proposed project as submitted to the Planning Commission. Design Review Committee Action: Staff Planner: Vincent Acuna, Associate Planner Members Present: Staff Coordinator: Mike Smith, Principal Planner r(r 4r im Design Review Committee Meeting AGENDA February 2, 2021 MINUTES Rancho Cucamonga, CA 91730 7:00 p.m. A. Call to Order The meeting of the Design Review Committee was held on February 2, 2021. The meeting was called to order by Mike Smith, Staff Coordinator, at 7:00pm. Design Review Committee members present: Francisco Oaxaca. Diane Williams. Mike Smith. Staff Present: Sean McPherson, Senior Planner; and Vincent Acuna, Associate Planner. B. Public Communications Mike Smith opened the public communication and. after noting there were no public comments, closed public communications C. Consent Calendar C1. Consideration to adopt Regufar Meeting Minutes of January 19, 2021. Motion by Oaxaca, second by Williams Motion carried 3-0 to adopt the minutes as presented. D. Project Review Items D1. DESIGN REVIEW DRC2019-00766 — 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Minimum Impact/Heavy Industrial (MI/HI) District. located at the northwest corner of Jersey Boulevard and Milliken Avenue — APN: 0229-111-60. Staff is preparing an Initial Study/Mitigated Negative Declaration of environmental impacts for consideration. Staff presented the project to the Design Review Committee. Commissioners Williams and Oaxaca liked that the building looks like an office building and expressed support for the design. The Committee voted to advance the project to the full Planning Commission. The Committee took the following action: X Recommend approval to PC/PD. D2. DESIGN REVIEW DRC2020-00177 — KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO. — A request for site plan and architectural design for the development of two industrial warehouse buildings, parking, and landscape improvements on vacant parcels located east of Etiwanda Avenue on the north of Napa Street; APN: 0229-291-54 and -46. An Environmental Impact Report is being prepared for this project. Staff provided a powerpoint presentation providing the facts of the project relative to the Design Review Committee's review. At the end of the presentation, staff noted that there were two items for which staff sought the DRCs input(employee break area in front setback, and chain- link fence along existing rail spur). In addition, the project applicant also expressed concerns regarding the relocation of an existing Southern California Edison (SCE) easement and related infrastructure. First, the project plans illustrated an employee break area shelter structure within the front setback. Staff noted that structures are not permitted within the 25-foot front yard setback. Discussion ensued on this item, with input from the applicant and applicant's architect. Committee members Oaxaca and Williams both suggested that the applicant work with staff to relocate the structure outside of the front setback. The applicant and applicant's architect indicated that they would relocate the structure outside of the front setback. Second, staff solicited the opinion of DRC members related to the proposed construction of a chain-link fence along the existing rail spur, behind the front setback, and not visible from the public right-of-way. Both Committee members Oaxaca and Williams indicated that a chain-link fence in this location did not present a concern, provided that the fencing include slats for screening as required by the Development Code. Commissioner Oaxaca asked about the applicant's concerns related to the relocation of the SCE easement and related infrastructure. Staff members Smith and McPherson both respond stating that this was not a topic related to the Design Review Committee's purview, adding that this will be discussed with the full Planning Commission. No,other discussion was held on this item. Lastly, Commissioner Oaxaca asked staff to explain the annexation process relative to this project. Staff member Smith briefly highlighted the annexation process in general terms and concluded remarks by stating that this topic too would be discussed in detail with the full Planning Commission. The Committee took the following action: X Recommend approval to PC/PD. E. Adjournment Meeting was adjourned at 8:05pm. Respectfully submitted, 4aLbethT4hornhffIl Executive Assistant, Planning Department Approved: DRC meeting February 16, 2021 Design Review Committee Regular Meeting Minutes -- February 2, 2021 Page 2 of 2 FINAL Exhibit G—Environmental Impact Report Due to file size,this attachment can be accessed through the following link: https://www.dropbox.com/home/CEQA%20Documents%2OAvailable%20for%2OReview/Jersey%20an d%20Milliken%20Wa rehouse?preview=Appendix+G+-+Phase+Il+Investigation+(1).pdf Exhibit G FINAL Jersey Industrial Complex Project Environmental Impact Report Mitigation Monitoring and Reporting Program SCH No. 2021060608 Prepared for: riwej RANCHO CUCAMONGA City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O.Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 Exhibit H This page intentionally left blank. TABLE OF CONTENTS RANCHO CUCAMONGA TABLE OF CONTENTS Section Page SECTION1. Authority.................................................................................................................1 SECTION 2. Monitoring Schedule .............................................................................................1 SECTION 3. Support Documentation........................................................................................2 SECTION 4. Format of Mitigation Monitoring Matrix...............................................................2 LIST OF TABLES Table 1-1 Mitigation Monitoring and Reporting Program.................................................3 Jersey Industrial Complex Project Findings of Fact January 2022 i TABLE OF CONTENTS RANCHO CUCAMONGA This page intentionally left blank. Jersey Industrial Complex Project Findings of Fact January 2022 ii MMRP RANCHO CUCAMONGA MITIGATION MONITORING AND REPORTING PROGRAM SECTION 1. Authority This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to§21081.6 of the California Environmental Quality Act(CEQA) (Public Resources Code §21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and 15097, to ensure implementation of and provide for the monitoring of mitigation measures required of the Jersey Industrial Complex Project(Project), as set forth in the Final Environmental Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Rancho Cucamonga (City). The EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project. The City is the Lead Agency for the Project and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third-party monitor. However, as the Lead Agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City's existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program. SECTION 2. Monitoring Schedule Prior to construction, while detailed design plans are being prepared by City staff or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoringfreporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports. Once construction has been completed, the City will monitor the Project as specified in the mitigation measures. Jersey Industrial Complex Project Final EIR January 2022 1 MMRP RANCHO CUCAMONGA SECTION 3. Support Documentation Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Program and shall be made available to the public upon request. SECTION 4. Format of Mitigation Monitoring Matrix The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies. Jersey Industrial Complex Project Final EIR January 2022 2 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible AIR QUALITY AQ-1: Condition project to overlap architectural coating phase with the City of Rancho Prior to issuance of Plan check building phase by approximately 44 total workdays to avoid exceeding the Cucamonga building permits daily ROG standard. Prior to issuance of a building permit,the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. BIOLOGICAL RESOURCES BIO-1: Pursuant to the Migratory Bird Treaty Act(MBTA)and Fish and City of Rancho Prior to grading On-site inspection, Game Code, removal of any trees,shrubs,or any other potential nesting Cucamonga permit and/or separate submittal habitat should be conducted outside the avian nesting season.The nesting construction permit season extends from February 1 through August 31 but can vary slightly issuance;during from year to year based upon seasonal weather conditions. If ground grading,excavation disturbance and vegetation removal cannot occur outside of the nesting and construction season,a pre-construction clearance survey for nesting birds,shall be activities, upon conducted by a qualified biologist within three(3)days of the start of any completion of ground disturbing activities to ensure that no nesting birds will be disturbed monitoring during construction. activities,and prior to final engineering If an active avian nest is discovered during the pre-construction clearance inspection. survey,construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species,this buffer will be expanded to 500 feet.A biological monitor shall be present during construction activities within the buffer area.to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted,the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. Jersey Industrial Complex Project Final EIR January 2022 3 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible Upon agreement of the avoidance/minimization approach,work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report's protocols, no ground- disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season(February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s),or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey,the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the biologist that documents the negative survey results.The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found,the Project Applicant shall submit a final bird survey monitoring report prepared by the project biologist to the City,the USFWS and CDFW.The report shall include documentation of all bird surveys, monitoring activities,coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and post-construction conditions,and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Jersey Industrial Complex Project Final EIR January 2022 4 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible CULTURAL RESOURCES CUL-1: In the event that cultural resources are discovered during project City of Rancho Prior to issuance of Plan check, activities,all work in the immediate vicinity of the find (within a 60-foot Cucamonga grading separate submittal buffer)shall cease and a qualified archaeologist meeting Secretary of permit/during Interior standards shall be hired to assess the find.Work on the other grading and portions of the Project outside of the buffered area may continue during this construction assessment period.Additionally,the SMBMI Cultural Resources Department shall be contacted,as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find,so as to provide Tribal input with regards to significance and treatment. CUL-2: If significant pre-contact and/or historic-era cultural resources,as City of Rancho During grading and On-site inspection, defined by CEQA(as amended,2015),are discovered and avoidance Cucamonga construction separate submittal cannot be ensured,the archaeologist shall develop a Monitoring and Treatment Plan,the drafts of which shall be provided to SMBMI for review and comment,as detailed within TCR-1.The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. CUL-3: If human remains or funerary objects are encountered during any City of Rancho Prior to issuance of Plan check, activities associated with the Project,work in the immediate vicinity(within a Cucamonga grading separate submittal 100-foot buffer of the find)shall cease and the County Coroner shall be permit/during contacted pursuant to State Health and Safety Code§7050.5 and that code grading and enforced for the duration of the Project. If the human remains are construction determined to be prehistoric,the coroner will notify the Native American Heritage Commission,which will determine and notify a Most Likely Descendant.The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Jersey Industrial Complex Project Final EIR January 2022 5 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible TRIBAL CULTURAL RESOURCES TCR-1:The SMBMI Cultural Resources Department shall be contacted,as City of Rancho Prior to issuance of Plan check, detailed in Mitigation Measure CUL-1,of any pre-contact and/or historic-era Cucamonga grading separate submittal cultural resources discovered during project implementation and be permit/during provided information regarding the nature of the find,so as to provide Tribal grading and input with regards to significance and treatment. Should the find be deemed construction significant,as defined by CEQA(as amended,2015),a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI,and all subsequent finds shall be subject to this Plan.This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project,should SMBMI elect to place a monitor on-site. TCR-2:Any and all archaeological/cultural documents created as a part of City of Rancho During grading and Separate submittal the Project(isolate records,site records,survey reports,testing reports, Cucamonga construction etc.)shall be supplied to the applicant and Lead Agency for dissemination to SMBMI.The Lead Agency and/or applicant shall, in good faith,consult with SMBMI throughout the life of the Project. TCR-3:The Project Applicant shall be required to retain and compensate City of Rancho Prior to issuance of On-site inspection, for the services of a Tribal monitor/consultant who is both approved by the Cucamonga grading other agency Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and is permit/during permit/approval listed under the NAHC's Tribal Contact list for the area of the Project grading and location.This list is provided by the NAHC.The monitor/consultant will only construction be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing,tree removals, boring,grading,excavation,drilling,and trenching, within the Project area.The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations,soil,and any cultural materials identified. The on-site monitoring shall end when the Project site grading and Jersey Industrial Complex Project Final EIR January 2022 6 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible excavation activities are completed,or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. TCR-4: Upon discovery of any archaeological resources,cease City of Rancho During grading and On-site inspection, construction activities in the immediate vicinity of the find until the find can Cucamonga construction other agency be assessed.All archaeological resources unearthed by project permit/approval construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin,the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources.Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place(CEQA Guidelines Section15064.5[q). If a resource is determined by the qualified archaeologist to constitute a "historical resource"or"unique archaeological resource",time allotment and funding sufficient to allow for implementation of avoidance measures,or appropriate mitigation, must be available.The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f)for historical resources. TCR-5: Preservation in place(i.e.,avoidance)is the preferred manner of City of Rancho During grading and Onsite inspection, treatment. If preservation in place is not feasible,treatment may include Cucamonga construction other agency implementation of archaeological data recovery excavations to remove the permit/approval resource along with subsequent laboratory processing and analysis.Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials,such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material,they shall be offered to a local school or historical society in the area for educational purposes. Jersey Industrial Complex Project Final EIR January 2022 7 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible TCR-6: Native American human remains are defined in PRC 5097.98(d)(1) City of Rancho During grading and On-site inspection, as an inhumation or cremation,and in any state of decomposition or Cucamonga construction other agency skeletal completeness. Funerary objects,called associated grave goods in permit/approval PRC 5097.98,are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours,the Native American Heritage Commission(NAHC)and PRC 5097.98 shall be followed. Jersey Industrial Complex Project Final EIR January 2022 8 RESOLUTION NO. 22-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH No. 2021060608) PREPARED FOR THE 11298 JERSEY BLVD, LLC PROJECT WHICH PROPOSES TO CONSTRUCT A 159,580 SQUARE-FOOT INDUSTRIAL/WAREHOUSE BUILDING ON A VACANT 7.39-ACRE PARCEL WITHIN THE INDUSTRIAL EMPLOYMENT (IE) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE - APN: 0229-111-60, MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM A. Recitals. 1. 11298 Jersey Blvd, LLC filed a development application for Design Review(DRC2019- 00766) for a development project as described in the title of this Resolution (the "Project"). 2. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources and determined that an EIR must be prepared for the Project in order to analyze the Project's potential impacts on the environment. 3. Pursuant to CEQA Guidelines, Section 15082, on June 28, 2021, the City published a Notice of Preparation (NOP)of a Draft EIR for the Project, and circulated the NOP and initial study to the Office of Planning and Research, the County Clerk, responsible and trustee agencies, governmental agencies, organizations, and persons who may be interested in the application for a 30-day public review period. 4. The City received comments from the Native American Heritage Commission in response to the NOP. 5. After providing notice to the required tribes under AB 52, the City received comments from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians - Kizh Nation in accordance with the City's obligations under AB 52. 6. The City released the Draft EIR for a 45-day public review period beginning November 12, 2021 and ending on December 27, 2021. During the public review period the City received a total of 2 comment letters on the Draft EIR that required a response, and the City has prepared response to each comment. 7. The EIR concludes that with the inclusion of mitigation measures, the Project will not have a significant impact on any environmental resources. 8. The City prepared a Final EIR in accordance with CEQA, which contains the City's responses to comments, a Mitigation Monitoring and Reporting Program (MMRP) for the Project, the Draft EIR as modified by the Final EIR, and all appendices. Exhibit I PLANNING COMMISSION RESOLUTION NO. 22-01 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 2 9. On February 9, 2022, the Planning Commission conducted a duly noticed public hearing to consider the Project and concluded the hearing on that date. 10. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the information and evidence set forth in the Final EIR, together with its appendices, and all other available evidence presented to the Planning Commission during the above-referenced public hearing on February 9, 2022, including written and oral staff reports and public testimony, the Planning Commission hereby specifically finds as follows: a. Agencies and interested members of the public have been afforded due notice and an opportunity to comment on the EIR and the Project. b. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: i. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR; ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or iii. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These required findings are set forth in the attached Exhibit A and incorporated herein by this reference. C. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section 4 of Exhibit A, attached hereto and incorporated herein by reference. d. Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section 5 of Exhibit A attached hereto and incorporated herein by reference. PLANNING COMMISSION RESOLUTION NO. 22-01 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 3 e. No environmental impacts were identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures, and a statement further confirming this conclusion is provided in Section 6 of Exhibit A, attached hereto and incorporated herein by reference. f. State CEQA Guidelines Section 15091 and Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B and is hereby incorporated herein by reference. Further, the mitigation measures set forth therein are made applicable to the Project. g. Prior to taking action on the Final EIR and approving the Project, the Planning Commission specifically finds and certifies that: (1) the Final EIR was presented to the Planning Commission; (2) the Planning Commission reviewed and considered the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings; (3) the Final EIR is adequate and has been completed in full compliance with CEQA; and (4)the Final EIR reflects the Planning Commission's independent judgment and analysis. h. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the Project under CEQA. 3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the Planning Commission hereby certifies the Final EIR, adopts findings pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by reference. 4. Location of Record. The documents and other materials, including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are located in the Planning Department and are in the custody of the Planning Director, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. All such documents are incorporated herein by reference. 5. Certification. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman PLANNING COMMISSION RESOLUTION NO. 22-01 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 4 ATTEST: Matthew R. Burris, AICP, LEED, AP, Secretary I, Matthew R. Burris, AICP, LEED, AP, 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 9th day of February 2022, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: CANDIDATE FINDINGS OF FACT for Jersey Industrial Complex Project SCH No. 2021060608 Prepared for: rloot. j RANCHO CUCAMONGA City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O. Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 This page intentionally left blank. RANCHO TABLE OF CONTENTS CUCAMONGA TABLE OF CONTENTS Section Page SECTION 1. INTRODUCTION .........................................................................................................1 1.1. Purpose..................................................................................................................1 1.2. Records of Proceedings .........................................................................................3 1.3. Custodian and Location of Records.......................................................................4 1.4. CEQA Findings of Independent Judgment, Review and Analysis...........................4 SECTION 2. GENERAL CEQA FINDINGS ..........................................................................................4 SECTION 3. FINDINGS REGARDING ENVIRONMENTAL EFFECTS DETERMINED TO HAVE NO IMPACTS 3.1. Aesthetics...............................................................................................................6 3.2. Agriculture and Forestry Resources.......................................................................6 3.3. Biological Resources ..............................................................................................7 3.4. Cultural Resources.................................................................................................9 3.5. Energy....................................................................................................................9 3.6. Geology and Soils...................................................................................................9 3.7. Hazards and Hazardous Materials.......................................................................10 3.8. Hydrology and Water Quality..............................................................................12 3.9. Land Use and Planning.........................................................................................12 3.10. Mineral Resources...............................................................................................13 3.11. Noise....................................................................................................................14 3.12. Population and Housing.......................................................................................14 3.13. Public Services .....................................................................................................14 3.14. Recreation............................................................................................................15 3.15. Transportation/Traffic.........................................................................................15 3.16. Utilities and Service Systems...............................................................................16 3.17. Wildfire ................................................................................................................16 SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT(NO MITIGATION REQUIRED)...............................................................17 4.1. Aesthetics.............................................................................................................17 4.2. Air Quality............................................................................................................18 4.3. Energy..................................................................................................................19 Jersey Industrial Complex Project Findings of Fact January 2022 i RANCHO TABLE OF CONTENTS CUCAMONGA 4.4. Geology and Soils.................................................................................................19 4.5. Greenhouse Gas Emissions..................................................................................21 4.6. Hazards and Hazardous Materials.......................................................................21 4.7. Hydrology and Water Quality..............................................................................22 4.8. Noise....................................................................................................................23 4.9. Public Services .....................................................................................................24 4.10. Transportation/Traffic.........................................................................................24 4.11. Utilities and Service Systems...............................................................................25 4.12. Wildfire ................................................................................................................26 SECTION S. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED .....................................................27 5.1. Air Quality............................................................................................................27 5.2. Biological Resources ............................................................................................29 5.3. Cultural Resources...............................................................................................31 5.4. Tribal Cultural Resources.....................................................................................33 SECTION 6. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT..........................36 6.1. Alternatives Considered and Rejected ................................................................36 6.2. Alternative Sites...................................................................................................37 6.3. Alternatives Selected for Further Analysis ..........................................................37 SECTION 7. GENERAL CEQA FINDINGS ........................................................................................42 SECTION 8. FINDINGS REGARDING CIRCULATION........................................................................44 SECTION 9. LEGAL EFFECTS OF FINDINGS....................................................................................45 Jersey Industrial Complex Project Findings of Fact January 2022 ii RANCHO FINDINGS OF FACT CUCAMONGA SECTION 1. INTRODUCTION This statement of Findings of Fact (Findings) addresses the environmental effects associated with the proposed Jersey Industrial Complex Project (Project), as described in the Final Environmental Impact Report (FEIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] § 21000 et seq.), specifically PRC§§ 21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically §§ 15091 and 15093. The Draft EIR (DEIR) examined the full range of potential effects of construction and operation of the Project and identified standard mitigation practices that could be employed to reduce, minimize, or avoid those potential effects. In accordance with, and in furtherance of the mandates contained in California Public Resources Code Section 21002 and related case law, the Project design reflects the identification and implementation of feasible mitigation measures to lessen identified environmental impacts, and the FEIR presented information on the environmental effects of the Project, including effects that are mitigated to below a level of significance. 1.1. Purpose PRC § 21081, and CEQA Guidelines § 15091 require that the lead agency, in this case the City of Rancho Cucamonga (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. PRC§21081(a)affirmatively requires a lead agency make one or more of three possible findings in reference to each significant impact. In addition, PRC § 21081(b) requires an additional finding for impacts that include specific economic, legal, social, technological, and other considerations wherein the lead agency affirms that the project benefits outweigh the environmental impacts. CEQA Guidelines § 15091 states, in part, that: a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Jersey Industrial Complex Project Findings of Fact January 2022 1 RANCHO FINDINGS OF FACT CUCAMONGA 3. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In accordance with PRC § 21081, and CEQA Guidelines § 15093 (Statement of Overriding Conditions [SOC]), whenever significant effects cannot be mitigated to below a level of significance, the decision-making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." In that case, the decision-making agency may prepare and adopt an SOC, pursuant to the CEQA Guidelines. Section 15093 of the CEQA Guidelines provides: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The FEIR identified potentially significant effects that could result from the project. The City finds that the inclusion of feasible mitigation measures as part of the approval of the Project will reduce all of those effects to less-than-significant levels. As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is incorporated by reference and made a part of these Findings, meets the requirements of PRC § 21081.6, by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project. In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project. Pursuant to PRC§21082.1(c)(3), the City also finds that these Findings reflect the City's Jersey Industrial Complex Project Findings of Fact January 2022 2 RANCHO FINDINGS OF FACT CUCAMONGA independent judgment as the lead agency for the Project (see Findings Section 1.4, CEQA Findings of Independent Judgment, Review and Analysis). 1.2. Records of Proceedings For the purposes of CEQA and these Findings, the record of proceedings for the Project includes all data and materials outlined in PRC § 21167.6(e), along with other Project-relevant information contained within the City's files. Specifically, the record of proceedings for the City's decision on the Project includes the following documents, all of which are incorporated by reference and are relied on in supporting these Findings: • The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction with the Project. • All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the NOP. • The DEIR for the Project and all technical appendices, technical memoranda and documents relied upon or incorporated by reference. • All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the DEIR and the City's responses to those comments, including related referenced technical materials and DEIR errata. • The FEIR for the Project. • The MMRP for the Project. • All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City or consultants to the City with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Project. • All documents submitted to the City by other public agencies or members of the public in connection with the DEIR. • Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project. • Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings. • All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions. • Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. • Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the record of proceedings by PRC § 21167.6(e). Jersey Industrial Complex Project Findings of Fact January 2022 3 RANCHO FINDINGS OF FACT CUCAMONGA 1.3. Custodian and Location of Records The documents and other materials that, as a whole, make up the Record of Proceedings for the City's actions related to the Project are located at the City of Rancho Cucamonga, Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. The City, as the lead agency for the Project, is the custodian of the Record of Proceedings for the Project. 1.4. CEQA Findings of Independent Judgment, Review and Analysis Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the report or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide, regional, or area-wide significance (PRC § 21082.1[c]). The Findings contained in this document reflect the City's conclusions, as required pursuant to CEQA, for the Project. The City has exercised independent judgment, in accordance with PRC § 21082.1(c)(3), in the preparation of the EIR. The review, analysis and revision material prepared by the Project Applicant and its consultants, and the review, analysis, and revision of the EIR based on comments received during the public comment process. Having received, reviewed, and considered the information in the FEIR, as well as any and all other information in the record, the City hereby makes these Findings pursuant to and in accordance with PRC §§ 21081, 21081.5, and 21081.6. SECTION 2. GENERAL CEQA FINDINGS Pursuant to PRC § 21081 and CEQA Guidelines § 15091, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact: 1. Changes or alterations have been required in, or incorporated into, the project which mitigates or avoid the significant effects on the environment. [referred to in these Findings as "Finding 1"]. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. [referred to in these Findings as "Finding 2"]. 3. Specific economic, legal, social, technological, or other consideration, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (The concept of infeasibility also encompasses whether a particular alternative or mitigation measure promotes the Project's underlying goals and objectives, Jersey Industrial Complex Project Findings of Fact January 2022 4 RANCHO FINDINGS OF FACT CUCAMONGA and whether an alternative or mitigation measure is impractical or undesirable from a policy standpoint. See, California Native Plant Society v. City of Santa Cruz (2009) 177 Cal. App. 4th 957; City of Del Mar v. City of San Diego (1982) 133 Cal. App.3d 410). [referred to in these Findings as "Finding 3"]. The City has made one or more of the required written findings for each significant impact associated with the Project. Those written findings, along with a presentation of facts in support of each of the written findings, are presented below. The City certifies these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed. The mitigation measures adopted as part of the Project are feasible and mitigate the environmental impacts to the maximum extent feasible and possible as discussed in the findings made below. The FEIR includes minor clarifications to the DEIR. These changes made to the DEIR are shown in the FEIR in response to individual comments and are shown in strakethro gh and underline text. Thus, it is the finding of the City that such clarifying changes as described in the FEIR, do not present any new, significant information requiring recirculation or additional environmental review under PRC § 21092.1 and CEQA Guidelines § 15088.5. A Mitigation Monitoring and Reporting Program MRP for the Project has been adopted pursuant to the requirements of PRC § 21081.6 to ensure implementation of the adopted mitigation measures to reduce significant effects on the environment and is included in the FEIR document. The City is the custodian of the documents and other material that constitute the record of the proceedings upon which certification of the FEIR for the Project is based, as described above in Section 1.3, Custodian and Location of Records. It is the finding of the City of Rancho Cucamonga's City Council that the FEIR, as presented for review and approval, fulfills environmental review requirements for the Project, and that the document constitutes a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the independent judgment of the City. SECTION 3. FINDINGS REGARDING ENVIRONMENTAL EFFECTS DETERMINED TO HAVE NO IMPACT For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have no impact; therefore, no mitigation is required, and no significant, unavoidable adverse impacts would occur. Jersey Industrial Complex Project Findings of Fact January 2022 5 RANCHO FINDINGS OF FACT CUCAMONGA 3.1. Aesthetics Significance Threshold: Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings along a scenic highway? Basis of Conclusion: There are no state or County eligible or designated state scenic highways in the City of Rancho Cucamonga. The nearest officially designated scenic highway is State Route (SR) 2 (Angeles Crest Scenic Highway), located on the north side of the San Gabriel Mountains and approximately 12 miles from the northern City boundary. No scenic resources are located within or adjacent to the project site. Given the distance between the Project Site and the nearest officially designated state scenic highways, the proposed Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Therefore, no impacts to scenic resources would be anticipated. Supportive Evidence: Please refer to DEIR page 5-4. 3.2. Agriculture and Forestry Resources Significance Threshold: Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Basis of Conclusion: According to the California Department of Conservation's California Important Farmland Finder, the proposed Project site does not contain Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or Farmland of Local Importance. The site is classified as"Urban and Built-Up Land" by the Farmland Finder. The Project site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact to these resources would occur. Supportive Evidence: Please refer to DEIR pages 5-5 through 5-6. Significance Threshold: Would the project conflict with existing zoning for agricultural use or a Williamson Act contract? Basis of Conclusion: The Project site is zoned MI/HI and designated Heavy Industrial in the General Plan Update (2010). The Heavy Industrial designation permits heavy manufacturing, compounding, processing or fabrication, warehousing, storage, freight handling, and truck services and terminals, as well as supportive service commercial uses. This district is intended for Industrial use. Additionally, the Project site is not enrolled in a Williamson Act contract. As a Jersey Industrial Complex Project Findings of Fact January 2022 6 RANCHO FINDINGS OF FACT CUCAMONGA result, no impacts related to conflicts with agricultural zoning or a Williamson act contract would occur. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold: Would the project conflict with existing zoning for, or cause rezoning of, forest land(as defined in PRC Section 12220(g)) or timberland(as defined in PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Basis of Conclusion: Neither the Project site nor surrounding areas are zoned for forest use or timber production. The site has not been used for timber production or commercial agriculture. The Project would not conflict with any zoning designations designed to preserve timber or agricultural resources. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold. Would the project result in the loss of forest land or conversion of forest land to non-forest use? Basis of Conclusion: There is no forest land on or in the vicinity of the proposed Project site. The Project would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold. Would the project involve other changes in the existing environment that, due to their location or nature, could individually or cumulatively result in loss of Farmland to nonagricultural use or conversion of forest land to non-forest use? Basis of Conclusion: There is no farmland or forest land located within or near the proposed Project site. The Project would not involve any changes that could result in the loss or conversion of farmland or forest land to other uses. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. 3.3. Biological Resources Significance Threshold: Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, Jersey Industrial Complex Project Findings of Fact January 2022 7 RANCHO FINDINGS OF FACT CUCAMONGA or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Basis of Conclusion: The Project site does not support riparian habitat; United States Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), or Regional Water Quality Control Board (RWQCB) jurisdictional areas; wetlands; or, sensitive natural communities. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Basis of Conclusion: The Project site does not support riparian habitat; non-wetland jurisdictional resources; wetlands; or, sensitive natural communities. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Basis of Conclusion: The Project site is isolated from regional wildlife corridors and linkages, and there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the Project site to any identified wildlife corridors or linkages. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Basis of Conclusion: The Project site does not contain any trees that would qualify as Heritage Trees under the City's Municipal Code and no street trees would be removed during site preparation. Further, there are no Habitat Conservation Plans or Natural Community Conservation Plans that are applicable to the area. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-8. Jersey Industrial Complex Project Findings of Fact January 2022 8 RANCHO FINDINGS OF FACT CUCAMONGA Significance Threshold: Impact- Would the project conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or any other approved local, regional, or state habitat conservation plan? Basis of Conclusion: The Project site is not within an adopted Habitat Conservation Plan; Natural Communities Conservation Plan; or other approved local, regional, or State habitat conservation plan area. Therefore, implementation of the Project would not conflict with the provisions of an adopted plan and no impacts would occur. Supportive Evidence: Please refer to DER page 5-8. 3.4. Cultural Resources Significance Threshold: Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? Basis of Conclusion: The Project site has not been developed; thus, there are no structures or other features that may be determined a historical resource pursuant to CEQA Guidelines §15064.5. No recorded resources are located within the area of potential effect (APE). The Project site is not part of a historic district nor would historic resources be affected by the Project. No impact would occur. Supportive Evidence: Please refer to DER page 4-53. 3.5. Energy Significance Threshold: Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Basis of Conclusion: The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. No impact would occur. Supportive Evidence: Please refer to DER page 5-9. 3.6. Geology and Soils Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death from landslides? Basis of Conclusion: The Project site does not exhibit sloped conditions, adverse geologic conditions, or weak earth materials and is not at risk for seismic induced landslides. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides. No impact would occur. Jersey Industrial Complex Project Findings of Fact January 2022 9 RANCHO FINDINGS OF FACT CUCAMONGA Supportive Evidence: Please refer to DEIR page 5-9. Significance Threshold: Be located on expansive soil, as defined in Table 18-1-B of the UBC (1994), creating substantial direct or indirect risks to life or property? Basis of Conclusion: As stated in the General Plan EIR, Section 4.7, Geology/Soils, expansive soils are soils with a significant amount of clay particles that have the ability to shrink or swell with water. When these soils swell, they exert pressure on building foundations and may cause damage. Soils in the City of Rancho Cucamonga and its sphere of influence have relatively low amounts of clay and no soil expansion hazards are present No impact would occur related to expansive soils. Supportive Evidence: Please refer to DEIR page 4-64. Significance Threshold: Would the project have soils that are incapable of supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Basis of Conclusion: No septic tanks or alternative wastewater systems will be constructed as part of the proposed Project and no impacts will occur. Supportive Evidence: Please refer to DEIR page 5-9. 3.7. Hazards and Hazardous Materials Significance Threshold: Would the project be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Basis of Conclusion: Slag fill material was identified on the site that was determined to be hazardous. The site was remediated consistent with the Phase II Investigation and Remediation Plan; however, no state or local CUPA oversight occurred. As referenced in the Site Remediation Report (July 2020), a total of 12,364 tons of hazardous material was removed from the site and disposed of at the La Paz County landfill, Arizona. Based on the amount of material excavated and properly disposed of offsite, visual evidence and verification sampling of remaining soils, it was concluded that constituents within the soil remaining on-site are below the agreed upon Department of Toxic Substance Control (DTSC) regulatory cleanup levels. The Project site is not on the Cortese list, nor on databases maintained by either the DTSC or the State Water Resources Control Board (SWRCB). Further, there are no Cortese listed sites located in proximity to the Project site. The Project is not located on a site included on a list Jersey Industrial Complex Project Findings of Fact January 2022 10 RANCHO FINDINGS OF FACT CUCAMONGA compiled pursuant to Government Code Section 65962.5. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 5-10 through 5-11. Significance Threshold: Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within % mile of an existing or proposed school? Basis of Conclusion: No existing or proposed schools are located within one-quarter mile of the Project site. The nearest school to the Project site is the Rancho Cucamonga Middle School which is located at 10022 Feron Boulevard in Rancho Cucamonga approximately 2.6 miles west of the site. Cucamonga Elementary School is located at 8677 Archibald Avenue approximately 2.9 miles west of the site. Accordingly, the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Significance Threshold: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Basis of Conclusion: Ontario International Airport is located approximately 3.8 miles southwest of the Project site. The proposed Project is located within the Airport Influence Area and Airport Land Use Compatibility Zone E as shown in the Ontario Airport Land Use Compatibility Plan (ALUCP) Map 2-. There are no specific land use constraints within Zone E that would apply to the Project. The proposed Project would not result in a safety concern for people residing in proximity to Ontario International Airport. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Significance Threshold: Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Basis of Conclusion: The proposed Project would not obstruct access to the Project vicinity through road closures or other project actions that could impact evacuation routes or otherwise impair evacuation during emergencies. Access to areas surrounding the site via Milliken Avenue and Jersey Boulevard would be maintained. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Jersey Industrial Complex Project Findings of Fact January 2022 11 RANCHO FINDINGS OF FACT CUCAMONGA Significance Threshold: Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Basis of Conclusion: The Project site is not located within a designated fire hazard area or a Very High Fire Hazard Severity Zone within a Local Responsibility Area. The Project would not expose people or structures to a significant risk associated with wildland fires. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. 3.8. Hydrology and Water Quality Significance Threshold: Would the project, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Basis of Conclusion: The Project site is not within a 100-year flood zone, is not within a tsunami zone, and is not within proximity to an enclosed or partially enclosed body of water that is capable of producing seiches. Therefore, there would be no impact related to risk of release of pollutants due to inundation of the Project site from a flood, tsunami or seiche. Supportive Evidence: Please refer to DEIR page 4-101. Significance Threshold: Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Basis of Conclusion: The Project site is within the Santa Ana River Basin and the Project would not conflict with the Santa Ana Basin Plan. Additionally, the Project would be consistent with the City of Rancho Cucamonga MS4 Permit. No impact would occur. Supportive Evidence: Please refer to DEIR pages 4-101 through 4-102. 3.9. Land Use and Planning Significance Threshold: Would the project physically divide an established community? Basis of Conclusion: The Project site is surrounded by warehouse/industrial uses to the north, east and west and Fire Station#174 and training facility to the south. The proposed Project would utilize the existing road network and not result in the construction of improvements that would physically divide an existing community or otherwise impact circulation on public roads surrounding the site. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-12. Jersey Industrial Complex Project Findings of Fact January 2022 12 RANCHO FINDINGS OF FACT CUCAMONGA Significance Threshold: Would the project cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Basis of Conclusion: Implementation of the Project would not result in conflicts with any local or regional land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The Project is consistent with the Rancho Cucamonga General Plan (2010) and Zoning Code. No impact would occur. Supportive Evidence: Please refer to DEIR pages 5-12 through 5-13. 3.10. Mineral Resources Significance Threshold: Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Basis of Conclusion: The Project site is not part of an area known to have significant local sand and gravel resources. As stated in the General Plan EIR, the mineral resources are primarily sand and gravel deposits within the alluvial fans in and near Lytle Creek(San Sevaine Wash and Etiwanda Creek), San Antonio Creek, Cucamonga Creek, Deer Creek, and Day Creek. These alluvial fans generally start at the canyons at the base of the San Gabriel Mountains, north of the City. While the northern portion of these fans remain undeveloped, the creeks have been channelized in and near the City of Rancho Cucamonga and in developed areas along creeks. Implementation of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region or to the residents of the State of California. No impact would result. Supportive Evidence: Please refer to DEIR page 5-13. Significance Threshold. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Basis of Conclusion: The Project site is not located in an area of known sand and gravel deposits and is not identified in the General Plan as a locally-important mineral resource recovery site. Implementation of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region or to the residents of the State of California. No impact would result. Supportive Evidence: Please refer to DEIR page 5-13. Jersey Industrial Complex Project Findings of Fact January 2022 13 RANCHO FINDINGS OF FACT CUCAMONGA 3.11. Noise Significance Threshold: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Basis of Conclusion: The Project site is located approximately 3.8 miles northwest of Ontario International Airport. There are no private airstrips in proximity to the site. The proposed Project is located within the Airport Influence Area and Airport Land Use Compatibility Zone E as shown in the Ontario ALUCP Map 2-1. No airport noise limits are associated with Zone E. No impact would occur. Supportive Evidence: Please refer to DER page 5-14. 3.12. Population and Housing Significance Threshold: Would the project induce substantial unplanned population growth in an area, either directly(e.g., by proposing new homes and business) or indirectly(e.g., through extension of roads or other infrastructure)? Basis of Conclusion: The Project would not construct housing, nor would it extend roads or other infrastructure into previously unserved areas. Thus, the Project would not directly or indirectly induce population growth. No impact related to unplanned population growth would result from Project implementation. Supportive Evidence: Please refer to DER page 5-14. Significance Threshold. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Basis of Conclusion: Construction of the proposed Project would not require the removal of existing housing; and thus, would not result in the displacement of people or require the construction of replacement housing elsewhere. No impact would occur. Supportive Evidence: Please refer to DER page 5-14. 3.13. Public Services Significance Threshold: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically Jersey Industrial Complex Project Findings of Fact January 2022 14 RANCHO FINDINGS OF FACT CUCAMONGA altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services including other public facilities? v.) Other Public Facilities: Basis of Conclusion: The Project would not increase the population of Rancho Cucamonga or otherwise affect demand for library services. No new or expanded library services would be required. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-16. 3.14. Recreation Significance Threshold: Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Basis of Conclusion: The Project does not propose any uses that would directly generate a population that would increase the use of existing neighborhood and regional parks or other recreational facilities. The Project would not add additional residences or business that would increase demand for any park or other recreational facility in the area. No impact would occur. Supportive Evidence: Please refer to DEIR pages 5-16 through 5-17. Significance Threshold: Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Basis of Conclusion: No additional park land would be required to accommodate the Project, nor would staff contribute to an exceedance of the capacity of existing park capacity. The payment of impact fees by the Project applicant, if required, would contribute to funding available for improvements to existing park resources. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. 3.15. Transportation/Traffic Significance Threshold: Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Jersey Industrial Complex Project Findings of Fact January 2022 15 RANCHO FINDINGS OF FACT CUCAMONGA Basis of Conclusion: Road improvements would be limited to the driveways on the south and east side of the Project site and would be constructed consistent with Rancho Cucamonga Municipal Code. The Project would not increase hazards caused by a design feature or incompatible use. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. Significance Threshold: Would the project result in inadequate emergency access? Basis of Conclusion: The Project would not alter emergency access routes. The road improvements would be constructed consistent with Rancho Cucamonga Municipal Code to ensure safe truck, vendor/employee and emergency vehicle access. The Project would not impair or otherwise adversely affect emergency vehicle circulation or access to the site or other properties in the area. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. 3.16. Utilities and Service Systems Significance Threshold: Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Basis of Conclusion: Construction and operation associated with implementation the Project would be conducted in compliance with applicable statues and regulations related to solid waste. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR page 5-20. 3.17. Wildfire Significance Threshold: Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Basis of Conclusion: The Project site is not located within a very high fire hazard severity zone, and is surrounded by development, with no wildland areas in the immediate vicinity. As such, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-21. Jersey Industrial Complex Project Findings of Fact January 2022 16 RANCHO FINDINGS OF FACT CUCAMONGA Significance Threshold: Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Basis of Conclusion: The Project site and surrounding area is relatively flat and heavily urbanized. Additionally, the Project site is not located within a 100-year floodplain. If the area were to burn, fires are anticipated to be isolated and not expected to result in substantive risk from landslide or mudflows caused by run-off, post-fire slope instability or drainage changes. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-22. SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT (NO MITIGATION REQUIRED) The City agrees with the characterization in the Final EIR with respect to impacts identified as "less than significant impact" and finds that, based upon substantial evidence in the record, as discussed below, the following impacts associated with the Project are not significant or are less than significant, and do not require mitigation, as described in the Final EIR. Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3); 15091.) Note that impacts are presented below in summary form. For a full description of impacts, see the appropriate text in the EIR, which the Council hereby incorporates by reference into these Findings. 4.1. Aesthetics Significance Threshold: Would the project have a substantial adverse effect on a scenic vista? Basis of Conclusion: The Project site does not contain scenic resource and would be consistent with the overall context of the surrounding area. The Project would not have a substantial adverse effect on a scenic vista, resulting in a less than significant impact. Supportive Evidence: Please refer to DEIR pages 5-2 through 5-4. Significance Threshold. Would the project conflict with applicable zoning and other regulations governing scenic quality? Basis of Conclusion: The Project site is within an urbanized area of the City of Rancho Cucamonga. As such, the analysis for this threshold is based on the review of the potential for Jersey Industrial Complex Project Findings of Fact January 2022 17 RANCHO FINDINGS OF FACT CUCAMONGA the Project to conflict with applicable zoning and other regulations governing scenic quality. The Project would not conflict with the applicable zoning and other regulations governing scenic quality, including Rancho Cucamonga Development Code standards and General Plan polices. A less than significant impact would occur. Supportive Evidence: Please refer to DEIR pages 5-4 through 5-5. Significance Threshold. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Basis of Conclusion: The Project site is located in an urban area, which includes existing sources of light and glare. The Project would add new lighting to the site. All outdoor street lighting and on-site security lighting and landscape lighting would be designed to City of Rancho Cucamonga Municipal Code standards. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 5-5. 4.2. Air Quality Significance Threshold: Would the project conflict with or obstruct implementation of the applicable air quality plan? Basis of Conclusion: The Project area is within the South Coast Air Basin and therefore is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD has two criteria used to determine consistency with the Air Quality Management Plan (AQMP). The Project would complywith both of the AQMP's criteria. Therefore,the Project would be compliant with the applicable AQMP. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-19 through 4-20. Significance Threshold Would the project expose sensitive receptors to substantial pollutant concentrations? Basis of Conclusion: The Project would not expose sensitive receptors (e.g., residents, workers or school children) to substantial pollutant concentrations, including localized criteria pollutant emissions during construction and operation, mobile source and construction-related diesel particulate matter(DPM) emissions, or carbon monoxide (CO) "Hot Spots". Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-24 through 4-26. Significance Threshold: Would the project create objectionable odors affecting a substantial number of people? Jersey Industrial Complex Project Findings of Fact January 2022 18 RANCHO FINDINGS OF FACT CUCAMONGA Basis of Conclusion: The proposed Project would generate odors from construction (i.e., diesel exhaust, asphalt). Construction emissions would not exceed SCAQMD impact thresholds and would be short-term in duration. Thus, short-term odors are not expected to be significant. Operation of the warehouse facility would not cause odors. Impacts would be less than significant. Supportive Evidence: Please refer to DER page 4-26. 4.3. Energy Significance Threshold. Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Basis of Conclusion: The Project would adhere to the state-mandated provisions of California Energy Code Title 24. The Project would not result in wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources, during Project construction or operation. Impacts would be less than significant. Supportive Evidence: Please refer to DER pages 5-8 through 5-9. 4.4. Geology and Soils Significance Threshold. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent A/quist-Priolo Earthquake Fault Zoning Map issued by the state geologist for the area or based on other substantial evidence of a known fault or strong seismic ground shaking? Basis of Conclusion: The Project site is not in a fault hazard area; nor is the Project site within a mapped Alquist-Priolo Earthquake Fault Zone. The Project site is within a seismically active region. As such, the Project's proposed structures may be subject to moderate to large seismic events, resulting in strong seismic ground shaking. The Project would be required to comply with the California Building Code (CBC) and would be required to incorporate the recommendations from the Geotechnical Investigation, which would ensure that people and/or structures would not be exposed to potential substantial adverse effects from strong seismic ground shaking. Impacts would be less than significant. Supportive Evidence: Please refer to DER page 4-62. Jersey Industrial Complex Project Findings of Fact January 2022 19 RANCHO FINDINGS OF FACT CUCAMONGA Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death from seismic-related ground failure, including liquefaction? Basis of Conclusion: Groundwater was not encountered during site borings and groundwater within the Project area is likely of sufficient depth that liquefaction during a seismic event is unlikely. The potential for encountering groundwater and related impacts associated with liquefaction at the Project site is considered low. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-62 through 4-63. Significance Threshold: Would the project result in substantial soil erosion or the loss of topsoil? Basis of Conclusion: The Project site is flat, limiting erosion potential. Construction activities would be conducted in compliance regulations pertaining to protection of water quality. With adherence to existing regulations and requirements, there would be a less than significant impact related to erosion during construction and operation. Supportive Evidence: Please refer to DEIR pages 4-63 through 4-64. Significance Threshold: Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Basis of Conclusion: The Project would be required to incorporate the recommendations from the Geotechnical Investigation, which would ensure that these hazards would be reduced with proper site preparation. No groundwater was encountered during site borings and groundwater within the Project area is likely of sufficient depth that liquefaction during a seismic event is unlikely. Further, the site has dense subsurface soil conditions. Thus, potential impacts related to land subsidence or lateral spreading would be less than significant. Supportive Evidence: Please refer to DEIR page 4-64. Significance Threshold: Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Basis of Conclusion: The majority of the City is underlain by bedrock consisting of surficial sedimentary or metamorphic rocks that are unlikely to contain significant vertebrate fossils; however, there may be sedimentary deposits at a greater depth. The Geotechnical Report states that soils below the site to a depth of 16 feet bgs are comprised of native soil containing alluvial sand, fine to course-grained, silty, gravelly, dry to damp material. The Project would not excavate more than approximately four feet below bgs for the building footings, utilities and related Jersey Industrial Complex Project Findings of Fact January 2022 20 RANCHO FINDINGS OF FACT CUCAMONGA improvements. The surficial sediment at depths that would be encountered by project excavations are unlikely to contain vertebrate fossils. No paleontological resources were discovered during remediation activities nor are these resources known to occur in the area, particularly at depths that would be excavated by the Project. Excavation depths would be limited to that needed to grade the site and construct building foundations and subsurface utilities and improvements. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-9 through 5-10. 4.5. Greenhouse Gas Emissions Significance Threshold. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Basis of Conclusion: Construction and operation of the Project, would not exceed the South Coast Air Quality Management District (SCAQMD)/City screening threshold for greenhouse gas (GHG) emissions and would not generate a net increase in GHG emissions, either directly or indirectly, that may significantly impact the environment. GHG emissions impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-75. Significance Threshold: Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Basis of Conclusion: The Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions, including Senate Bill (SB) 32 and the California Air Resources Board (CARB) 2017 Scoping Plan, Connect SoCal, and the City of Rancho Cucamonga Sustainable Community Action Plan. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-76 through 4-81. 4.6. Hazards and Hazardous Materials Significance Threshold. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Basis of Conclusion: Construction and operation of the Project would involve handling of hazardous materials in limited quantities and typical to developed environments. Based on the site investigation and remediation work performed to date, encountering hazardous materials during construction is not anticipated. Through compliance with existing applicable regulations, Jersey Industrial Complex Project Findings of Fact January 2022 21 RANCHO FINDINGS OF FACT CUCAMONGA the Project would not pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-87 through 4-88. Significance Threshold. Would the project create a significant hazard to the public or the environment through the reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? Basis of Conclusion: The Project would comply with existing applicable regulations and would not increase the potential for accident conditions which could result in the release of hazardous materials into the environment. The accidental release of hazardous materials on-site is unlikely because of the regulations in place to avoid such an event. Impacts are anticipated to be less than significant. Supportive Evidence: Please refer to DER pages 4-88 through 4-89. 4.7. Hydrology and Water Quality Significance Threshold. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Basis of Conclusion: Proposed drainage patterns would maintain the existing drainage pattern and the Project would be designed to convey surface flows into an underground system where it would be treated prior to percolation into subsurface soils. The Project would not substantially degrade water quality or otherwise violate discharge standards. Impacts would be less than significant. Supportive Evidence: Please refer to DER page 4-98. Significance Threshold. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Basis of Conclusion: The Project site is currently pervious; and post-construction, the majority of the site would be impervious. However, all stormwater would be retained in an underground storage infiltration system and allowed to percolate into the soil. The Project would change how the site percolates water; however, overall recharge volumes within the basin would not change as a result of the Project. Thus, the Project would not directly interfere with groundwater recharge or contribute to depletion groundwater. A less than significant impact would occur. Jersey Industrial Complex Project Findings of Fact January 2022 22 RANCHO FINDINGS OF FACT CUCAMONGA Supportive Evidence: Please refer to DEIR page 4-99. Significance Threshold: Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site?; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?; iii) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? or, iv) Impede or redirect flood flows? Basis of Conclusion: With implementation of the stormwater system as designed, no off-site erosion or siltation would occur. The Project site is not located within a 100-year mapped flood zone nor is it located in proximity to drainage features that would cause or contribute to flooding conditions. Thus, the Project would not expose people or structures to flood hazard from severe storm events. The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off- site, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site, create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, or impede or redirect flood flows. Impacts would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-99 through 4-101. 4.8. Noise Significance Threshold: Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Basis of Conclusion: The Project would not result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards Jersey Industrial Complex Project Findings of Fact January 2022 23 RANCHO FINDINGS OF FACT CUCAMONGA established in the local general plan or noise ordinance, or applicable standards of other agencies. Noise levels would be below the thresholds of the Rancho Cucamonga Municipal Code for construction and operations. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-109 through 4-113. Significance Threshold: Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Basis of Conclusion: The Project would not result in the generation of excessive groundborne vibration or groundborne noise levels during construction or operation. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-113 through 4-114. 4.9. Public Services Significance Threshold: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire Protection, Police Protection, Schools and Parks: Basis of Conclusion: The Project would not involve new residential uses or an increase in the City's population, and there is an existing demand for public services at the Project site associated with the existing development on-site. The Project would be developed in adherence to existing regulations relative to fire protection and required development impact fees would be paid. The Project would not increase the population of Rancho Cucamonga or otherwise affect demand for park facilities. The Project would not remove park or recreational facilities that would require replacement elsewhere. The Project would not require the construction of new or alteration of existing public service facilities to maintain an adequate level of service to the Project area, and no physical environmental impacts would result. Impacts to public services would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-14 through 5-16. 4.10. Transportation/Traffic Significance Threshold: Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Jersey Industrial Complex Project Findings of Fact January 2022 24 RANCHO FINDINGS OF FACT CUCAMONGA Basis of Conclusion: The Project would not be required to make road improvements; however, frontage and access improvements would be required per the City of Rancho Cucamonga. This would improve overall pedestrian circulation and safety within the area. The Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-122 through 4-123. Significance Threshold Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Basis of Conclusion: The Project's VMT impact would be considered less than significant based on the City's TPA Screening VMT Area screening threshold. The Project site is located within a TPA is considered less than significant due to meeting each of the criteria for projects within TPAs. Thus, the Project would not conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-123 through 4-125. 4.11. Utilities and Service Systems Significance Threshold: Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Basis of Conclusion: The Project would create additional demand on existing facilities; however, demand would be met with existing infrastructure. No additional water or wastewater treatment facilities would be required to meet Project demand. No additional electrical or telecommunication systems would need to be constructed to meet Project demand. All waste material would be collected and disposed of in nearby landfills within permitted capacity. No additional facilities would need to be constructed to accommodate Project demand. A less than significant impact would occur. Supportive Evidence: Please refer to DEIR pages 5-17 through 5-19. Significance Threshold: Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Basis of Conclusion: Development allowed by the Project would require water supplies from the CVWD. Project demand would be within the demand projections provided in the CVWD Urban Water Management Plan. Impacts would be less than significant. Jersey Industrial Complex Project Findings of Fact January 2022 25 RANCHO FINDINGS OF FACT CUCAMONGA Supportive Evidence: Please refer to DER pages 5-19. Significance Threshold. Would the project result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Basis of Conclusion: The Inland Empire Utilities Agency (IEUA)wastewater treatment facilities have sufficient capacity to serve the Project and existing commitments. This impact would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DER pages 5-19 through 5-20. Significance Threshold. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Basis of Conclusion: The Project's construction and operational refuse would be disposed of at the Mid Valley Landfill. Construction and operational activities would comply with applicable regulations addressing solid waste management. The Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. This impact would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DER page 5-20. Significance Threshold. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Basis of Conclusion: Construction and operation associated with implementation the Project would be conducted in compliance with applicable statues and regulations related to solid waste. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DER pages 5-20 through 5-21. 4.12. Wildfire Significance Threshold. Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? Basis of Conclusion: The Project would not alter emergency access routes. Emergency vehicle access to the site would be provided via Milliken Avenue or Jersey Boulevard. The Project would Jersey Industrial Complex Project Findings of Fact January 2022 26 RANCHO FINDINGS OF FACT CUCAMONGA not adversely impact traffic operations on Milliken Avenue or Jersey Boulevard and would not impact use of either street as an evacuation route. A less than significant impact would occur Supportive Evidence: Please refer to DEIR page 5-21. Significance Threshold: Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Basis of Conclusion: The Project is surrounded by warehouse and industrial uses. prevailing wind is from the west and the Project is located in a flat area. Vegetation in the area is sparse and there are no areas of native habitat that could burn in the event a wildfire occurs. The Project site is not expected to be exposed to high-risks resulting from surrounding slopes or prevailing winds. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 5-21. SECTION 5. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED Pursuant to PRC § 21081(a) and CEQA Guidelines § 15091(a)(1), based on substantial evidence, the City finds that for each of the impacts discussed below the Project's potentially significant impacts have been avoided, offset or reduced to less than significant levels in consideration of existing regulatory plans and programs (described in the DEIR Section 4 for each applicable impact topic), and EIR mitigation measures (as listed in Mitigation Monitoring and Reporting Program [MMRP], and summarized below). 5.1. Air Quality Impact 4.1-2: Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Would the project result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Basis for Conclusion: The air quality plan applicable to the Project is the SCAQMD's Final 2016 Air Quality Management Plan (AQMP). The Project's net operational emissions would not exceed the applicable South Coast Air Quality Management District (SCAQMD) regional or local significance thresholds or (LST), and the Project's construction and operational characteristics Jersey Industrial Complex Project Findings of Fact January 2022 27 RANCHO FINDINGS OF FACT CUCAMONGA would not exceed the assumptions in the AQMP.Additionally, during operation, the Project would not result in a cumulatively-considerable net increase of any criteria pollutant for which the Project region is in nonattainment under an applicable federal or State ambient air quality standard, and impacts would therefore be less than significant. In terms of project-related construction emissions, the DEIR assumed that graded soils would be balanced on the Project site and that no soil import or export would be required. The Project would be required to comply with SCAQMD Rule 403, which identifies measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. Therefore, the following conditions, which are conditioned as part of the Project to reduce fugitive dust in compliance with SCAQMD Rule 403, were included in air quality model (CaIEEMod)for site preparation and grading phases of construction. 1. Minimization of Disturbance. Construction contractors should minimize the area disturbed by clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust. 2. Soil Treatment. Construction contractors should treat all graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways to minimize fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally safe soil stabilization materials, and/or roll compaction as appropriate. Watering shall be done as often as necessary, and at least twice daily, preferably in the late morning and after work is done for the day. The analysis provided herein assumes watering would occur by contractor two times daily as required per SCAQMD Rule 403. 3. Soil Stabilization. Construction contractors should monitor all graded and/or excavated inactive areas of the construction site at least weekly for dust stabilization. Soil stabilization methods, such as water and roll compaction, and environmentally safe dust control materials, shall be applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered until landscape growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. 4. No Grading During High Winds. Construction contractors should stop all clearing, grading, earth moving, and excavation operations during periods of high winds (20 miles per hour or greater, as measured continuously over a one-hour period). 5. Street Sweeping. Construction contractors should sweep all on-site driveways and adjacent streets and roads at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads. Jersey Industrial Complex Project Findings of Fact January 2022 28 RANCHO FINDINGS OF FACT CUCAMONGA Therefore, the Project's regional air quality impacts(including impacts related to criteria pollutants and violations of air quality standards) would be less than significant. Nonetheless, prior to mitigation the Project's construction-related emissions could exceed the SCAQMD regional thresholds for ROG. Thus, Project-related construction activities have the potential to result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the 2016 AQMP, resulting in a potentially significant impact. With the implementation of MM AQ-1, which includes additional construction-related mitigation requirements to ensure that the architectural coating phase and the building phase would overlap for approximately 44 total workdays to avoid exceeding the daily ROG standard. Mitigation Measures: Based upon the analysis presented in Section 4.1,Air Quality of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM AQ-1 Condition Project to overlap architectural coating phase with the building phase by approximately 44 total workdays to avoid exceeding the daily ROG standard. Prior to issuance of a building permit, the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-20 through 4-26. 5.2. Biological Resources Impact 4.2-1: Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Basis of Conclusion: The Project site consists of undeveloped land that has been impacted by decades of anthropogenic disturbances. No special-status species were observed on-site during the habitat assessment. The Project site and surrounding areas provide limited foraging and nesting habitat for year-round and seasonal birds and migrating songbirds. While it is unknown Jersey Industrial Complex Project Findings of Fact January 2022 29 RANCHO FINDINGS OF FACT CUCAMONGA whether nesting would occur or what species would nest on-site, if construction activities occur between February 1 through August 31 st, nesting and migratory bird species covered by the MBTA could be significantly affected by construction activities. Project construction would impact nesting and migratory bird species covered by the MBTA. Implementation of MM BIO-1, which requires pre-construction surveys, would reduce impacts to nesting and migratory birds to less than significant. Mitigation Measure: Based upon the analysis presented in Section 4.2, Biological Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM B10-1 Pursuant to the MBTA and Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season extends from February 1 through August 31 but can vary slightly from year to year based upon seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds, shall be conducted by a qualified biologist at the direction of the Project Applicant and City of Rancho Cucamonga within three (3)days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. If an active avian nest is discovered during the pre-construction clearance survey, construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species, this buffer will be expanded to 500 feet.A biological monitor shall be present during construction activities within the buffer area. to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted, the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. Upon agreement of the avoidance/ minimization approach, work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report's protocols, no ground-disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season (February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s), or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey, the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the Jersey Industrial Complex Project Findings of Fact January 2022 30 RANCHO FINDINGS OF FACT CUCAMONGA biologist that documents the negative survey results. The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found, the Project Applicant shall submit a final bird survey monitoring report prepared by the Project biologist to the City, the USFWS and CDFW. The report shall include documentation of all bird surveys, monitoring activities, coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and postconstruction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-37 through 4-39. 5.3. Cultural Resources Impact 4.3-2: Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Basis of Conclusion: The Project has the potential to encounter subsurface archaeological resources during construction resulting in a potentially significant impact to previously unrecorded subsurface cultural resources prior to mitigation. Implementation of MM CUL-1 and MM CUL-2, which identify actions to be taken during construction to protect unknown resources, would reduce this impact to a less than significant level. MM CUL-1 requires a qualified archaeologist be retained to evaluate any cultural resources that are discovered during project activities. In the event that archaeological resources are discovered and avoidance cannot be ensured, MM CUL-2 requires the qualified archaeologist to develop a Monitoring and Treatment Plan. Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM CUL-1 In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified Jersey Industrial Complex Project Findings of Fact January 2022 31 RANCHO FINDINGS OF FACT CUCAMONGA archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the San Gabriel Band of Mission Indians (SMBMI) Cultural Resources Department shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. Prior to the release of the Grading Bond, a Monitoring Report and/or Evaluation Report, which describes the results, analysis and conclusions of the cultural resource mitigation monitoring efforts shall be submitted by the qualified archaeologist, along with the Native American Monitor's notes and comments, to the City for review and approval. MM CUL-2 If significant pre-contact and/or historic-era cultural resources, as defined by CEQA(as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-53 through 4-55. Impact 4.3-3: Would the project disturb any human remains, including those interred outside of formal cemeteries? Basis of Conclusion: No human remains or cemeteries were identified as a result of the SCCIC search and pedestrian field survey. The potential for encountering human remains at the Project site is low, however, there is a potential to encounter subsurface remains during construction. resulting in a potentially significant impact prior to mitigation. MM CUL-3 identifies actions that should be taken if human remains are encountered. This measure would reduce impacts to a less than significant impact. Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM CUL-3 If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Jersey Industrial Complex Project Findings of Fact January 2022 32 RANCHO FINDINGS OF FACT CUCAMONGA §7050.5 and that code enforced for the duration of the Project. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-53 through 4-55. 5.4. Tribal Cultural Resources Impact 4.10-1: Would the project cause a substantial adverse change in the significance of a Tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: (i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) (ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American Tribe? Basis of Conclusion: The combined South Central Coastal Information Center(SCCIC), Native American Heritage Commission (NAHC) sacred land files (SLF) search, and pedestrian archaeological field survey did not identify any existing historic resources within the proposed Project area. Further, the Project site has been heavily disturbed by past soil remediation Jersey Industrial Complex Project Findings of Fact January 2022 33 RANCHO FINDINGS OF FACT CUCAMONGA activities. For this reason, the Project is not anticipated to cause a substantial adverse change in the significance of a known historic resource as defined in PRC 5020.1 (k). However, if construction ground disturbance depths range within native soils (at least 1 foot or more bgs), there would be a potential to impact previously unrecorded subsurface tribal cultural resources. Implementation of MM TCR-1 through TCR-6, agreed upon during the City's consultation with the California Native American tribes, would reduce this impact to a less than significant level. TCR-1 through TCR-6 require monitoring of ground-disturbing activities, outline the parameters for the monitoring activities, and identify actions that should be taken if tribal cultural resources or Native American human remains are encountered. These measures further ensure the proper identification and subsequent treatment of any tribal cultural resources and/or Native American human remains that may be encountered during ground-disturbing activities associated with the development of the Project. These measures would reduce impacts to a less than significant impact. Mitigation Measures: Based upon the analysis presented in Section 4.10, Tribal Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM TCR-1 The San Gabriel Band of Mission Indians (SMBMI) Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CUL-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the qualified archaeologist in coordination with SMBMI and submitted to the City of Rancho Cucamonga for review and approval. The qualified archaeologist shall be retained by the Project Applicant to implement all mitigation measures related to archaeological and historical resources. All subsequent finds shall be subject to the Monitoring and Treatment Plan. This Plan shall include tribal contact information, protocol to following should cultural resources be discovered, curation requirements and allow for a monitor to be present that represents SMBMI for the remainder of the Project's ground disturbing activities, should SMBMI elect to place a monitor on-site. MM TCR-2 Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and the City of Rancho Cucamonga for dissemination to SMBMI. The City of Rancho Cucamonga and/or applicant shall, in good faith, consult with SMBMI until all ground disturbing activities have been completed. MM TCR-3 The Project Applicant shall be required to retain, prior to the commencement of construction, and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and is listed Jersey Industrial Complex Project Findings of Fact January 2022 34 RANCHO FINDINGS OF FACT CUCAMONGA under the NAHC's Tribal Contact list for the area of the Project location. This list is provided by the NAHC. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. MM TCR-4 Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed by the qualified archaeologist and/or Native American monitor. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource", time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f)for historical resources. MM TCR-5 Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. MM TCR-6 Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or Jersey Industrial Complex Project Findings of Fact January 2022 35 RANCHO FINDINGS OF FACT CUCAMONGA she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-130 through 4-133. SECTION 6. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of the project, that could feasibly attain the basic objectives of the project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by "a rule of reason" (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines, "The range of alternatives required in an EIR is governed by a `rule of reason' that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project" (14 CCR 15126.6[f]). The Project objectives are set forth in DEIR Section 6.2. 6.1. Alternatives Considered and Rejected The CEQA Guidelines provide that this EIR should "identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency's determination" (14 CCR 15126.6[c]). The following is a discussion of the proposed project alternatives developed during the scoping and planning process and the reasons they were not selected for detailed analysis in this EIR. With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines § 15126.6(t)(1) states, "Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries . . . and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site." In determining an appropriate range of project alternatives to be evaluated in this EIR, a number of possible alternatives were initially considered and then rejected. Project alternatives were Jersey Industrial Complex Project Findings of Fact January 2022 36 RANCHO FINDINGS OF FACT CUCAMONGA rejected because they could not accomplish the basic objectives of the proposed Project; they would not have resulted in a reduction of significant adverse environmental impacts; or they were considered infeasible to construct or operate. The following alternative has been rejected from further consideration: 6.2. Alternative Sites In the case of the Project, an alternative site is not considered applicable or feasible, as the Project Applicant does not own or control other undeveloped property of similar size and zoning within the City or in the immediate area. Further, construction of a project different in scope from the proposed Project would not meet the objectives that focus on development of warehousing facilities within the City of Rancho Cucamonga. For the above reasons, the Alternative Site Alternative was found to be infeasible and therefore was rejected from further consideration. 6.3. Alternatives Selected for Further Analysis The following alternatives were addressed in the DEIR: • The No Project Alternative • The Reduced Footprint Alternative No Project Alternative Consistent with CEQA Guidelines (Section 15126.6(e)(3)(b)), the No Project Alternative is defined as the "circumstance under which the project does not proceed." Section 15126.6(e) of the CEQA Guidelines requires analysis of a No Project alternative that (1)discusses existing site conditions at the time the NOP is prepared or the EIR is commenced, and (2) analyzes what can reasonably be expected to occur in the foreseeable future based on current plans if the proposed Project were not approved. Under the No Project Alternative, the proposed Project would not be implemented and the site would remain undeveloped. Findings Regarding Environmental Impacts The Project would not result in any significant and unavoidable impacts; therefore, the No Project Alternative would not avoid or substantially lessen a significant and unavoidable impact. However, the No Project Alternative would avoid the Project's less than significant impacts. Findings Regarding Project Objectives The No Project Alternative would not meet any of the Project objectives, would not realize anyof the Project's benefits resulting from the creation of employment opportunities in the City of Rancho Cucamonga to reduce the need for members of the local workforce to commute outside the area for employment and improve the jobs to housing balance. Jersey Industrial Complex Project Findings of Fact January 2022 37 RANCHO FINDINGS OF FACT CUCAMONGA Overall Finding: The City adopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. Although the No Project Alternative would avoid the Project's less than significant environmental impacts, this alternative would not meet any of the Project's objectives. Supporting Evidence: Please see DEIR Pages 6-4 through 6-5. Reduced Footprint Alternative Under this alternative, the proposed Project would be reduced by approximately 2/3 of the overall square footage of each component. The warehouse would be reduced to 93,389 square feet in four separate units, 5,364 square feet of mezzanine storage, 5,364 square feet of office space (i.e., divided into four separate spaces, one for each storage unit)and a 203-square foot electrical room. The total building area would be 104,320 square feet. The highest point of the building would be 42 feet above ground level. These would be the architectural parapets on the building frontage. A total of 73 parking spaces would be provided. The warehouse building would be oriented east/west with vehicle access to office space fronting the building from Jersey Boulevard. Truck access to the loading docks located at the rear of the building would be provided from Milliken Avenue. The truck access driveway would be gated with security cameras and monitored to ensure no unauthorized entrance to the loading area. The Reduced Footprint Alternative would provide four warehouse storage units, each with three truck loading docks (i.e., 12 total docks). Water/sewer and other utilities(i.e., electrical, communication)would be provided via existing infrastructure located on-site or within the adjacent Milliken Avenue and Jersey Boulevard corridors. All other features of the Reduced Footprint Alternative would be similar to the proposed Project. Findings Regarding Environmental Impacts The Project would not result in any significant and unavoidable impacts; therefore, the Reduced Footprint Alternative would not avoid or substantially lessen a significant and unavoidable impact. Project-level mitigation measures are required to reduce potentially significant impacts to levels considered less than significant for the following environmental resources: biological resources (due to potential presence of Cooper's Hawk, California horned lark, burrowing owl and other nesting bird species), cultural resources (due to the potential to encounter previously unrecorded subsurface cultural resources), and tribal cultural resources (due to the potential to encounter previously unknown tribal cultural resources). These potentially significant impacts are associated with construction activities, not operation of the Project. Both the Project and the Reduced Footprint Alternative would be required to comply with applicable regulations and would also implement the same mitigation measures required for the Project. The Reduced Project Alternative would disturb the same area as the proposed Project; however, the overall building footprint would be smaller. This would reduce the number of vehicles and trucks accessing the Project site daily. However, while the degree of impact would be incrementally less than the proposed Project for some issue areas, the impact determination Jersey Industrial Complex Project Findings of Fact January 2022 38 RANCHO FINDINGS OF FACT CUCAMONGA under the proposed Project would be similar to the proposed Project for all topical areas addressed in the Draft EIR. Findings Regarding Project Objectives The discussion below addresses the ability of the Reduced Footprint Alternative to attain the Project objectives. 4. Ensure that development of the Project site is accomplished consistent with applicable goals and policies of the City of Rancho Cucamonga as set forth in the Rancho Cucamonga General Plan. The Reduced Footprint Alternative would disturb the same area as the proposed Project; however the overall building footprint would be smaller and would not develop the site at density envisioned in the Rancho Cucamonga General Plan. Therefore, while the Reduced Footprint Alternative meets the intent of this Project objective, it does not meet it to the same extent as the Project. 5. Develop a vacant and underutilized Project site. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site; however it would not maximize development of the underutilized Project site. While the Reduced Footprint Alternative meets the intent of this Project objective, it does not meet it to the same extent as the Project. 6. Contribute to the warehousing resources in the City of Rancho Cucamonga by constructing an operating a facility this designed consistent with contemporary industry standards for operational design criteria, can accommodate a wide variety of users and are economically competitive with similar industrial buildings in the local area and region. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site, thereby meeting the intent of the Project objective. However, because a smaller warehouse building would be constructed, compared to the proposed Project, the Reduced Footprint Alternative does not meet this objective to the same extent as the Project. 7. Create employment opportunities in the City of Rancho Cucamonga to reduce the need for members of the local workforce to commute outside the area for employment and improve the jobs to housing balance. The Reduced Footprint Alternative would generate more employment opportunities than what would be generated by a vacant lot; however, it would not achieve this objective to the same extent as the Project. 8. To develop a project with an architectural design and operational characteristics that complement other existing buildings in the immediate vicinity and minimize conflicts with other nearby land uses. The Reduced Footprint Alternative would not conflict with existing architecture or the operations of nearby uses and would achieve this objective. 9. To maximize industrial warehouse buildings in close proximity to an already- established industrial area, designated truck routes, and the State highway Jersey Industrial Complex Project Findings of Fact January 2022 39 RANCHO FINDINGS OF FACT CUCAMONGA system in order to avoid or shorten truck-trip lengths on other roadways, and avoid locating industrial warehouse buildings in close proximity to residential uses. The Reduced Footprint Alternative would develop a smaller warehouse facility, compared to the proposed Project and would not maximize the amount of available industrial warehouse space, and therefore, would not meet this Project objective. 10. To develop a property that has access to available infrastructure, including roads and utilities to be used as part of the Southern California supply chain and goods movement network. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site that would utilize available infrastructure used as part of the Southern California supply chain and goods movement network. The Reduced Footprint Alternative would meet the intent of this objective, but not to the same extent as the Project relative to supporting goods movement in Southern California. Overall Finding: The City adopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. Although the No Project Alternative would avoid the Project's less than significant environmental impacts, this alternative would not meet any of the Project's objectives. Supporting Evidence: Please see DEIR Pages 6-6 through 6-8. Environmentally Superior Alternative Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be designated and states that if the environmentally superior Alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Based on the summary of information presented in Section 6 of the DEIR, the environmentally superior Alternative is The No Project Alternative. Because the No Project Alternative would leave the Project site essentially unchanged and would not have the operational effects that would be associated with any of the alternatives, this Alternative has fewer environmental impacts than the proposed Project or any of the other alternatives. Section 15126.6(e)(2) of the State CEQA Guidelines states that if the "No Project" alternative is found to be environmentally superior, "the EIR shall also identify an environmentally superior alternative among the other alternatives." Aside from the No Project Alternative, Alternative 2: Reduced Footprint Alternative would have the least environmental impacts because it would develop less of the Project area, result in a reduction of vehicle trips and would incrementally reduce impacts to resource areas. CEQA requires the identification of an environmentally superior alternative. As discussed above, the No Project/No Action Alternative, in which the proposed Project is not implemented, would result in no change from current conditions. However, Section 15126.6(e)(2) of the CEQA Guidelines states that, if the No Project Alternative is the environmentally superior alternative, Jersey Industrial Complex Project Findings of Fact January 2022 40 RANCHO FINDINGS OF FACT CUCAMONGA then the EIR shall also identify an environmentally superior alternative among the other alternatives. Additional CEQA Considerations Significant and Unavoidable Environmental Impacts (DEIR Section 5.2) The potentially adverse effects of the proposed Project are discussed in Sections 4.1 through 4.10 of DEIR. Mitigation measures have been recommended that would avoid, reduce or minimize impacts. All the potential impacts associated with the proposed Project would be either less than significant or mitigated to less than significant. The proposed Project would not result in any significant unavoidable impacts. Irreversible Environmental Changes (DEIR Section 5.3) Both construction and operation of the proposed Project would lead to the consumption of limited, slowly renewable, and non-renewable resources, committing such resources to uses that future generations would be unable to reverse. The new development would require the commitment of resources that include: (1) building materials; (2)fuel and operational materials/resources; and (3) the transportation of goods and people to and from the new warehouse. Title 24 of the California Administrative Code regulates the amount of energy consumed by new development. Nevertheless, the consumption of such resources would represent a long-term commitment of those resources. The commitment of resources required for the construction and operation of the proposed Project would limit the availability of such resources for future generations or for other uses during the life of the proposed Project. However, continued use of such resources is consistent with the planned changes on the proposed Project site and within the general vicinity. Growth Inducing Impacts (DEIR Section 5.4) The proposed Project would not directly induce growth as it does not involve residential development. The proposed Project site has been designated for industrial/warehousing uses as identified in the City's adopted General Plan. In addition, the proposed Project would not remove obstacles to regional growth and related development. The Project will generate approximately 111 new jobs. Of the total, approximately 86 percent, or 95 jobs, will be filled by employees residing outside the City of Rancho Cucamonga. The remaining 16 jobs will be filled by existing city residents. The addition of 111 new jobs would represent a 0.12 percent increase in total employment. The proposed Project may result in negligible population growth; however, the area is primarily built out. Any new residents would be expected to occupy existing housing units or those in the planning stage. Any new residents would not represent unplanned population growth in the community or result in economic growth that exceeds levels anticipated in plans adopted by the City. Therefore, no significant impacts related to growth inducement would occur. Jersey Industrial Complex Project Findings of Fact January 2022 41 RANCHO FINDINGS OF FACT CUCAMONGA Although the proposed Project site is currently undeveloped, the surrounding area is fully developed with urban land uses (i.e., warehousing and light industrial). The Project would include connections to existing utilities and installation of on-site stormwater management improvements. Utilities and streets would not need to be extended to the Project site. The addition of 111 new jobs, would not induce growth associated with the construction of new house or commercial infrastructure to support the jobs. No significant impacts related to direct growth inducement would occur. SECTION 7. GENERAL CEQA FINDINGS The City hereby finds as follows: 1. The foregoing statements are true and correct; 2. The City is the "Lead Agency" for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the DEIR and FEIR for the Project; 3. The Notice of Preparation of the DEIR was circulated for public review. It requested that responsible agencies respond as to the scope and content of the environmental information germane to that agency's specific responsibilities; 4. The public review period for the DEIR was for 30 days between July 2,2021 and August 3, 2021. The DEIR and appendices were available for public review during that time. A Notice of Completion and copies of the DEIR were sent to the State Clearinghouse, and notices of availability of the DEIR were published by the City. The DEIR was available for review on the City's website. Physical copies of the environmental documents are available at the City of Rancho Cucamonga Planning Department. 5. The CEQA Documents were completed in compliance with CEQA; 6. The CEQA Documents reflect the City's independent judgment; 7. The City evaluated comments on environmental issues received from persons who reviewed the DEIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The FEIR provided adequate, good faith and reasoned responses to the comments. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information to the DEIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the FEIR. 8. The City finds that the CEQA Documents, as amended, provide objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all Jersey Industrial Complex Project Findings of Fact January 2022 42 RANCHO FINDINGS OF FACT CUCAMONGA interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period; 9. The CEQA Documents evaluated the following impacts: (1) air quality; (2) biological resources; (3)cultural resources; (4)geology and soils; (5)greenhouse gas emissions; (6) hazards and hazardous materials; (7) hydrology and water quality; (8) noise; (9) transportation; and (10) tribal cultural resources. Additionally, the CEQA Documents considered, in separate sections, any potential significant irreversible environmental changes and growth-inducing impacts of the Project, as well as effects found not to be significant and a reasonable range of project alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents; 10. The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessary to ensure that the mitigation measures are fully enforceable; 11. The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City's Community Development Director will serve as the MMRP Coordinator; 12. In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; 13. The impacts of the Project have been analyzed to the extent feasible at the time of certification of the CEQA Documents; 14. The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not commit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents. 15. Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the City of Rancho Cucamonga Planning Department, the custodian of record for such documents or other materials; 16. The responses to the comments on the DEIR, which are contained in the FEIR, clarify and amplify the analysis in the DEIR; 17. Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the FEIR; and 18. Having received, reviewed and considered all information and documents in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency. Jersey Industrial Complex Project Findings of Fact January 2022 43 RANCHO FINDINGS OF FACT CUCAMONGA SECTION 8. FINDINGS REGARDING CIRCULATION The City finds that the DEIR does not require recirculation under CEQA (PRC § 21092.1 and CEQA Guidelines § 15088.5). CEQA Guidelines § 15088.5 requires recirculation of an EIR prior to certification of the FEIR when "significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review." As described in CEQA Guidelines § 15088.5: New information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: 1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented; 2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; 3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it; 4. The DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. In addition, CEQA Guidelines § 15088.5(b) provides that "recirculation is not required where the new information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an adequate EIR." Recirculation also is not required simply because new information is added to the EIR — indeed, new information is oftentimes added given CEQA's public/agency comment and response process and CEQA's post-DEIR circulation requirement of proposed responses to comments submitted by public agencies. In short, recirculation is "intended to be an exception rather than the general rule." (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 CalAth 1112, 1132). As such, the City makes the following Findings: 1. None of the public comments submitted to the City regarding the DEIR present any significant new information that would require the DEIR to be recirculated for public review. 2. No new or modified mitigation measures are proposed that would have the potential to create new significant environmental impacts Jersey Industrial Complex Project Findings of Fact January 2022 44 RANCHO FINDINGS OF FACT CUCAMONGA 3. The DEIR adequately analyzed project alternatives and there are no feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project. 4. The DEIR was not fundamentally and basically inadequate and conclusory in nature and did not preclude meaningful public review and comment. In this legal context, the City finds that recirculation of the DEIR prior to certification is not required. In addition to providing responses to comments, the FEIR includes revisions to expand upon information presented in the DEIR; explain or enhance the evidentiary basis for the DEIR's findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the DEIR. The FEIR's revisions, clarifications and/or updates do not result in any new significant impacts or increase the severity of a previously identified significant impact. In sum, the FEIR demonstrates that the proposed Project would not result in any new significant impacts or increase the severity of a significant impact, as compared to the analysis presented in the DEIR. The changes reflected in the FEIR also do not indicate that meaningful public review of the DEIR was precluded in the first instance. Accordingly, recirculation of the EIR is not required as revisions to the EIR are not significant as defined in § 15088.5 of the CEQA Guidelines. SECTION 9. LEGAL EFFECTS OF FINDINGS To the extent that these Findings conclude that the proposed mitigation measures outlined in herein are feasible and have not been modified, superseded, or withdrawn, the City hereby commits to implementing these measures. These Findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City approves the proposed Project. The mitigation measures that are referenced herein and adopted concurrently with these Findings will be effectuated through the process of construction and implementation of the proposed Project. Jersey Industrial Complex Project Findings of Fact January 2022 45 FINAL Jersey Industrial Complex Project Environmental Impact Report Mitigation Monitoring and Reporting Program SCH No. 2021060608 Prepared for: riwej RANCHO CUCAMONGA City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O.Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 This page intentionally left blank. TABLE OF CONTENTS RANCHO CUCAMONGA TABLE OF CONTENTS Section Page SECTION1. Authority.................................................................................................................1 SECTION 2. Monitoring Schedule .............................................................................................1 SECTION 3. Support Documentation........................................................................................2 SECTION 4. Format of Mitigation Monitoring Matrix...............................................................2 LIST OF TABLES Table 1-1 Mitigation Monitoring and Reporting Program.................................................3 Jersey Industrial Complex Project Findings of Fact January 2022 i TABLE OF CONTENTS RANCHO CUCAMONGA This page intentionally left blank. Jersey Industrial Complex Project Findings of Fact January 2022 ii MMRP RANCHO CUCAMONGA MITIGATION MONITORING AND REPORTING PROGRAM SECTION 1. Authority This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to§21081.6 of the California Environmental Quality Act(CEQA) (Public Resources Code §21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and 15097, to ensure implementation of and provide for the monitoring of mitigation measures required of the Jersey Industrial Complex Project(Project), as set forth in the Final Environmental Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Rancho Cucamonga (City). The EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project. The City is the Lead Agency for the Project and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third-party monitor. However, as the Lead Agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City's existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program. SECTION 2. Monitoring Schedule Prior to construction, while detailed design plans are being prepared by City staff or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoringfreporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports. Once construction has been completed, the City will monitor the Project as specified in the mitigation measures. Jersey Industrial Complex Project Final EIR January 2022 1 MMRP RANCHO CUCAMONGA SECTION 3. Support Documentation Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Program and shall be made available to the public upon request. SECTION 4. Format of Mitigation Monitoring Matrix The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies. Jersey Industrial Complex Project Final EIR January 2022 2 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible AIR QUALITY AQ-1: Condition project to overlap architectural coating phase with the City of Rancho Prior to issuance of Plan check building phase by approximately 44 total workdays to avoid exceeding the Cucamonga building permits daily ROG standard. Prior to issuance of a building permit,the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. BIOLOGICAL RESOURCES BIO-1: Pursuant to the Migratory Bird Treaty Act(MBTA)and Fish and City of Rancho Prior to grading On-site inspection, Game Code, removal of any trees,shrubs,or any other potential nesting Cucamonga permit and/or separate submittal habitat should be conducted outside the avian nesting season.The nesting construction permit season extends from February 1 through August 31 but can vary slightly issuance;during from year to year based upon seasonal weather conditions. If ground grading,excavation disturbance and vegetation removal cannot occur outside of the nesting and construction season,a pre-construction clearance survey for nesting birds,shall be activities, upon conducted by a qualified biologist within three(3)days of the start of any completion of ground disturbing activities to ensure that no nesting birds will be disturbed monitoring during construction. activities,and prior to final engineering If an active avian nest is discovered during the pre-construction clearance inspection. survey,construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species,this buffer will be expanded to 500 feet.A biological monitor shall be present during construction activities within the buffer area.to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted,the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. Jersey Industrial Complex Project Final EIR January 2022 3 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible Upon agreement of the avoidance/minimization approach,work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report's protocols, no ground- disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season(February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s),or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey,the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the biologist that documents the negative survey results.The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found,the Project Applicant shall submit a final bird survey monitoring report prepared by the project biologist to the City,the USFWS and CDFW.The report shall include documentation of all bird surveys, monitoring activities,coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and post-construction conditions,and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Jersey Industrial Complex Project Final EIR January 2022 4 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible CULTURAL RESOURCES CUL-1: In the event that cultural resources are discovered during project City of Rancho Prior to issuance of Plan check, activities,all work in the immediate vicinity of the find (within a 60-foot Cucamonga grading separate submittal buffer)shall cease and a qualified archaeologist meeting Secretary of permit/during Interior standards shall be hired to assess the find.Work on the other grading and portions of the Project outside of the buffered area may continue during this construction assessment period.Additionally,the SMBMI Cultural Resources Department shall be contacted,as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find,so as to provide Tribal input with regards to significance and treatment. CUL-2: If significant pre-contact and/or historic-era cultural resources,as City of Rancho During grading and On-site inspection, defined by CEQA(as amended,2015),are discovered and avoidance Cucamonga construction separate submittal cannot be ensured,the archaeologist shall develop a Monitoring and Treatment Plan,the drafts of which shall be provided to SMBMI for review and comment,as detailed within TCR-1.The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. CUL-3: If human remains or funerary objects are encountered during any City of Rancho Prior to issuance of Plan check, activities associated with the Project,work in the immediate vicinity(within a Cucamonga grading separate submittal 100-foot buffer of the find)shall cease and the County Coroner shall be permit/during contacted pursuant to State Health and Safety Code§7050.5 and that code grading and enforced for the duration of the Project. If the human remains are construction determined to be prehistoric,the coroner will notify the Native American Heritage Commission,which will determine and notify a Most Likely Descendant.The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Jersey Industrial Complex Project Final EIR January 2022 5 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible TRIBAL CULTURAL RESOURCES TCR-1:The SMBMI Cultural Resources Department shall be contacted,as City of Rancho Prior to issuance of Plan check, detailed in Mitigation Measure CUL-1,of any pre-contact and/or historic-era Cucamonga grading separate submittal cultural resources discovered during project implementation and be permit/during provided information regarding the nature of the find,so as to provide Tribal grading and input with regards to significance and treatment. Should the find be deemed construction significant,as defined by CEQA(as amended,2015),a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI,and all subsequent finds shall be subject to this Plan.This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project,should SMBMI elect to place a monitor on-site. TCR-2:Any and all archaeological/cultural documents created as a part of City of Rancho During grading and Separate submittal the Project(isolate records,site records,survey reports,testing reports, Cucamonga construction etc.)shall be supplied to the applicant and Lead Agency for dissemination to SMBMI.The Lead Agency and/or applicant shall, in good faith,consult with SMBMI throughout the life of the Project. TCR-3:The Project Applicant shall be required to retain and compensate City of Rancho Prior to issuance of On-site inspection, for the services of a Tribal monitor/consultant who is both approved by the Cucamonga grading other agency Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and is permit/during permit/approval listed under the NAHC's Tribal Contact list for the area of the Project grading and location.This list is provided by the NAHC.The monitor/consultant will only construction be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing,tree removals, boring,grading,excavation,drilling,and trenching, within the Project area.The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations,soil,and any cultural materials identified. The on-site monitoring shall end when the Project site grading and Jersey Industrial Complex Project Final EIR January 2022 6 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible excavation activities are completed,or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. TCR-4: Upon discovery of any archaeological resources,cease City of Rancho During grading and On-site inspection, construction activities in the immediate vicinity of the find until the find can Cucamonga construction other agency be assessed.All archaeological resources unearthed by project permit/approval construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin,the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources.Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place(CEQA Guidelines Section15064.5[q). If a resource is determined by the qualified archaeologist to constitute a "historical resource"or"unique archaeological resource",time allotment and funding sufficient to allow for implementation of avoidance measures,or appropriate mitigation, must be available.The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f)for historical resources. TCR-5: Preservation in place(i.e.,avoidance)is the preferred manner of City of Rancho During grading and Onsite inspection, treatment. If preservation in place is not feasible,treatment may include Cucamonga construction other agency implementation of archaeological data recovery excavations to remove the permit/approval resource along with subsequent laboratory processing and analysis.Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials,such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material,they shall be offered to a local school or historical society in the area for educational purposes. Jersey Industrial Complex Project Final EIR January 2022 7 RANCHO M M RP CUCAMONGA TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM for Timing of Method of Verified Monitoring Verification Verification Date/initials Mitigation Measure Responsible TCR-6: Native American human remains are defined in PRC 5097.98(d)(1) City of Rancho During grading and On-site inspection, as an inhumation or cremation,and in any state of decomposition or Cucamonga construction other agency skeletal completeness. Funerary objects,called associated grave goods in permit/approval PRC 5097.98,are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours,the Native American Heritage Commission(NAHC)and PRC 5097.98 shall be followed. Jersey Industrial Complex Project Final EIR January 2022 8 RESOLUTION NO. 22-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2019-00766, A REQUEST TO CONSTRUCT A 159,580 SQUARE- FOOT INDUSTRIAL/WAREHOUSE BUILDING ON A VACANT 7.39- ACRE PARCEL WITHIN THE INDUSTRIAL EMPLOYMENT (IE) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-111-60 A. Recitals. 1. The applicant, 11298 JERSEY BLVD, LLC, filed an application for Design Review DRC2019-00766, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review is referred to as "the application." 2. On February 9, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on February 9, 2022, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The application applies to an approximately 7.39-acre rectangular piece of land within the Industrial Employment (IE) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue; and C. The land use, General Plan Designation, and Zoning Designation for the subject property and surrounding area is shown on the table below; and Land Use General Plan Zoning Site Vacant Neo Industrial Employment Industrial Employment (IE) District North Industrial/Warehouse Neo Industrial Employment Neo Industrial (NI) Buildings District Exhibit J PLANNING COMMISSION RESOLUTION NO. 22-02 DESIGN REVIEW DRC2019-00766— 11298 JERSEY BLVD, LLC February 9, 2022 Page 2 South Fire Station and Neo Industrial Employment Industrial Employment Training Center (IE) District East Industrial/Warehouse Neo Industrial Employment Industrial Employment Building (IE) District West Industrial/Warehouse Neo Industrial Employment Industrial Employment Building (IE) District d. The proposed project consists of the construction of a 159,580 square-foot warehouse/distribution building and ancillary on-site improvements; and e. The project complies with all pertinent development standards related to building height, site coverage, front/rear setbacks, parking; and f. The project complies with the landscaping requirements as prescribed in the Development Code; and 3. Based upon the substantial evidence presented to this Commission during the above referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan. The site is located within land designated as Neo Industrial Employment, which permits primarily light industrial and low impact uses such as incubator spaces and small warehouses that are context sensitive to the surrounding neighborhood. The project consists of a 159,580 square-foot warehouse/distribution building surrounded by existing industrial uses. All site improvements, including parking and landscaped areas, are designed to be consistent with the warehouse/distribution use and are consistent with the Industrial Employment land use as designated in the General Plan. b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. The Development Code designates the project site as an Industrial Employment (IE) District. The proposed warehouse/distribution building for the site is consistent with the land use intent of the Industrial Employment(IE) District. The zoning of the adjacent sites to the property are within the Industrial Employment (IE) District and Neo Industrial (NI) District and consist mainly of industrial buildings. The overall design of the new building is similar in scale and intensity to neighboring lots. The height of the proposed building is 45 feet and does not exceed the maximum height allowed for other industrial buildings in the Industrial Employment (IE) District. The Floor Area Ratio (FAR) of the entire site at buildout is 0.5 and will be generally consistent with other industrial properties in the area. C. The proposed use is in compliance with each of the applicable provisions of the Development Code. The building is designed for warehouse/distribution operations. The building meets all setbacks, floor area ratio, height, and landscaping requirements. The building has been designed to meet the City's architectural standards. The project meets the minimum parking, loading, and access requirements. PLANNING COMMISSION RESOLUTION NO. 22-02 DESIGN REVIEW DRC2019-00766— 11298 JERSEY BLVD, LLC February 9, 2022 Page 3 d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The site is surrounded by industrial/warehouse facilities of a similar scale and intensity. Furthermore, the proposed building is substantially surrounded by existing buildings. Operations on the site are expected to meet all Development Code standards regarding noise and odor. 4. The Project was environmentally reviewed pursuant to the California Environmental Quality Act(CEQA), the State CEQA Guidelines, and the City's Local CEQA Guidelines. The City determined that an EIR would be required for the Project, and therefore prepared an environmental impact report (EIR)that focused on the potentially significant effects of the Project. By separate Resolution No. 22-001, the Planning Commission has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 22-001 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to 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 subject to each and every condition set forth in the attached Conditions of Approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman ATTEST: Matthew R. Burris, AICP, LEED, AP, Secretary I, Matthew R. Burris, AICP, LEED, AP, 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 9th day of February 2022, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 22-02 DESIGN REVIEW DRC2019-00766— 11298 JERSEY BLVD, LLC February 9, 2022 Page 4 ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Planning Department Statement of Agreement and Acceptance of Conditions of Approval for Design Review DRC2019-00766 I, Hannibal Petrossi, as applicant for Design Review DRC2019-00766 hereby state that I am in agreement with and accept the conditions of approval for Design Review DRC2019-00766, for property located at the northwest corner of Jersey Boulevard and Milliken Avenue, APN: 0229- 111-60, Rancho Cucamonga, California, as adopted by the Planning Commission of the City of Rancho Cucamonga on February 9, 2022 and as listed below and attached. Applicant Signature Date Conditions of Approval 1. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 2. All conditions of approval attached to Resolution of Approval No. 22-002 for Design Review DRC2019-00766 and Resolution of Approval No. 22-001 for the Environmental Impact Report and Mitigation Monitoring Program. Exhibit K Conditions of Approval RANCHO CUCAMONGA Community Development Department Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 1. Building plans shall demonstrate that all walls comply with wall height requirements, as outlined in RCMC Chapter 17.48. 2. Photometric plans submitted during building plan check shall comply with the City's outdoor and site lighting standards, as outlined in RCMC Sec. 17.58.050. 3. Design Review DRC2019-00766 is for the approval of a 159,580 square-foot industrial/warehouse building, subdivided into four (4) suites. Any modifications to the square footage of the overall building, size of suites, or the number of suites shall require Planning Department review and approval. 4. Developer shall provide all prospective tenants a disclosure stating that fire and smoke are to be expected to be visible from the subject property, as the property is located across from a City fire training center. A draft copy of this disclosure shall be provided to the Planning Department for review, prior to the issuance of building permits. Standard Conditions of Approval 5. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 6. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. Exhibit L www.CityofRC.us Printed:2/1/2022 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 7. 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. 8. 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. 9. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination & Environmental Impact Report fee in the amount of $3,495.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 10. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 11. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code. Prior to the issuance of building permits (for grading or construction), the applicant shall inform the Planning Department of their choice to install public art, donate art or select the in-lieu option as outlined in 17.124.020.D. If the project developer chooses to pay the in-lieu fee, the in-lieu art fee will be invoiced on the building permit by the City and shall be paid by the applicant prior to building permit issuance. If the project developer chooses to install art, they shall submit, during the plan check process, an application for the art work that will be installed on the project site that contains information applicable to the art work in addition to any other information as may be required by the City to adequately evaluate the proposed the art work in accordance with the requirements of Chapter 17.124. If the project developer chooses to donate art, applications for art work donated to the City shall be subject to review by the Public Art Committee which shall make a recommendation whether the proposed donation is consistent with Chapter 17.124 and final acceptance by the City Council. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi-phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning Department. www.CityofRC.us Printed:2/1/2022 Page 2 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 12. 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. 13. 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. 14. A minimum of 20 percent of trees planted within industrial projects, and a minimum of 30 percent within commercial and office projects, shall be specimen size trees - 24-inch box or larger. 15. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 16. 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. 17. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of Building Permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 18. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 19. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 20. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 21. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. 22. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 23. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 24. 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. 25. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. www.CityofRC.us Printed:2/1/2022 Page 3 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 26. 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. 27. Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 28. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 29. 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. 30. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800) prior to the issuance of Building Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 31. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 32. 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. 33. 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. 34. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. Engineering Services Department Please be advised of the following Special Conditions 1. Any existing public improvements that are damaged or substandard such as sidewalks, driveways, curb & gutters, asphalt, etc, shall be removed and replaced to the current City Standards. www.CityofRC.us Printed:2/1/2022 Page 4 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 2. Developer shall limit vehicular access of the east driveway along Jersey Blvd to passenger cars only. All truck access along Jersey Blvd shall be right-in, right-out only at the west driveway along this frontage. Provide a driveway design to include an island median and all signing and striping to be reviewed during the plan check process. 3. Rail Spurs: The City has a strong interest in creating urban trails that increase connectivity between neighborhoods, workplaces, and other destinations. To that end, General Plan Policy CS-6.3 provides: "Continue to incorporate, where feasible, regional and community trails along utility corridors and drainage channels." Further, the City supports the eventual closure and abandonment of railroad spurs to avoid unnecessary crossings. A north/south railroad spur currently owned by the BNSF Railway ("BNSF") is located on portions of APNs 0229-111-15 and 0209-145-11 (the "Rail Spur"), immediately west of the subject property (APN 0229-111-60). Although the applicant does not currently own the Rail Spur, the City believes that BNSF may convey some or all of the Rail Spur to the applicant or a subsequent owner of the subject property when the Rail Spur is no longer necessary for BNSF's operations. If BNSF conveys some or all of the Rail Spur and the fee interest in the underlying real property immediately adjacent to the subject property to the applicant or a subsequent owner, then the applicant or subsequent owner shall make an irrevocable offer to dedicate such real property to the City for use as a public trail. The applicant shall record a covenant against the subject property that implements the terms of this condition. Standard Conditions of Approval 4. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 5. Corner property line cutoffs shall be dedicated per City Standards. 6. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 7. ** CD Information Required Prior to Sign-Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self-hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and /or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www.cityofrc.us, under City Hall / Engineering / Environmental Programs/ Construction & Demolition Diversion Program. www.CityofRC.us Printed:2/1/2022 Page 5 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. Add the following note to any private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans." If there is a discrepancy between the public and private plans, the street improvement plans will govern. 9. Construct the following perimeter street improvements including, but not limited to: Curb & Gutter A.C. Pvmt Side-walk Drive Appr. Street Lights etc. Notes: (a) Pavement reconstruction and overlays will be determined during plan check. 10. 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. 11. Improvement Plans and Construction: a. Street improvement plans, including street trees 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 street improvements, prior to the issuance of Building Permits. 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, and traffic signing shall be installed to the satisfaction of the City Engineer. d. 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. e. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. www.CityofRC.us Printed:2/1/2022 Page 6 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 12. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on Sheet _ (typically Sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. Construction Notes for Street Trees: 1)All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3)All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 13. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 14. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 15. 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. 16. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to issuance of Building Permits. Formation costs shall be borne by the developer. 17. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. www.CityofRC.us Printed:2/1/2022 Page 7 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 18. 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. 19. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. Fire Prevention / New Construction Unit Standard Conditions of Approval 1. Locking and latching hardware for access doors is required to be operable from the exterior of the building and is required to be single action latch/lock release on the interior of the building. 2. Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 3. Access doors are required to be distributed along the exterior of the building such that the lineal distance between adjacent access doors does not exceed 125 feet measured center to center. 4. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 5. Plans for the alarm and/or supervision (monitoring) system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 6. Plans for the egress lighting are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 7. Plans for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 8. Plans for the private, onsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 9. Plans for the public, offsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Plans are required to be submitted prior to or concurrently with the submittal of the Water District mylars. Submit all plans to the Building & Safety Department for routing to the Fire District. 10. Plans for the racks used for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 11. Plans for the sprinkler system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. www.CityofRC.us Printed:2/1/2022 Page 8 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval 12. Exterior doors and doors providing access to fire protection and life safety systems and equipment are required to have identification signage in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 13. The location, size, construction materials, or other features of this building and the associated project are such that adequate emergency responder radio coverage may not be achievable within the building that is proposed. It is highly recommended that a radio signal strength assessment is completed by San Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov Upon substantial completion and final completion of construction, the fire code official will oversee a radio signal strength test that is in accordance with the California Fire Code. If acceptable radio coverage cannot be achieved after construction is completed, equipment necessary to increase the radio signal strength or otherwise allow adequate emergency responder radio communication will be required to be installed. 14. Designated and conforming aerial apparatus access is required in accordance with Fire District Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded to the Documents section. 15. Fire apparatus access (fire lane) design, construction, and identification are required to be in accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents section. 16. Fire extinguishers are required in accordance with Section 906 of the California Fire Code. Consult with the Fire Inspector for the correct type, size, and exact installation locations. 17. Fire flow information for this project is obtained from the Cucamonga Valley Water District (CVWD). CVWD can be reached at 909-944-6000 or custserv@cvwdwater.com. 18. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 19. Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 20. Gates installed across a commercial/industrial emergency vehicle access road (fire lane) are required to be in accordance with Standard 5-4. The Standard has been uploaded to the Documents section. 21. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. www.CityofRC.us Printed:2/1/2022 Page 9 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval 22. Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 23. A fire service site plan is required in accordance with Fire District Standard 5-11. The Standard has been uploaded to the Documents section. 24. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 25. Street address and unit/suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 26. Identification of fire protection systems and components, fire alarm systems and components, and equipment and devices associated with fire and life safety systems is required to be in accordance with Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section. 27. Fire apparatus access roads (fire lanes) can be included in an engineered onsite storm water retention plan. The ponding of storm water shall not exceed a designed depth of four (4) inches in the designated fire apparatus access road(s) and the area between the fire apparatus access road(s) and the exterior walls of all normally occupied buildings. 28. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations and T-24 energy calcualtions to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards. The new structure is required to be equipped with automatic fire sprinklers. A soils report is required for new structures. Disabled access to the site and building must be provided in accordance to the State of California published thresholds at the time of plan check submittal Grading Section Please be advised of the following Special Conditions 1. 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. Standard Conditions of Approval www.CityofRC.us Printed:2/1/2022 Page 10 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 2. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 3. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the City Engineer, 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. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign(s) shall be located outside of the public right of way. 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Engineering Services for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 8. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 9. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 10. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. This project shall comply with the accessibility requirements of the current adopted California Building Code. www.CityofRC.us Printed:2/1/2022 Page 11 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 13. 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. 14. 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 CBC 1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 15. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 16. Prior to approval of the project-specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 17. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the City Engineer, or his designee for review and approval for on-site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 18. Roof water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 19. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. www.CityofRC.us Printed:2/1/2022 Page 12 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 20. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 21. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 22. 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 City Engineer, or his designee, and recorded with the County Recorder's Office. 23. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 24. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the City Engineer, or his designee, prior to issuance of the Grading Permit and/or approval of the project-specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project-specific Water Quality Management Plan. 25. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 26. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 27. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 28. A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City Engineer, or his designee, and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading permit or any building permit. 29. The Site and Drainage Plan in the final project-specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. www.CityofRC.us Printed:2/1/2022 Page 13 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 30. Prior to the issuance of a building permit or Engineering Services Department issued right of way permit, the applicant shall submit to the City Engineer, or his designee, a final project specific water quality management plan for review and approval, and shall have said document recorded with the San Bernardino County Recorder's Office. 31. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 32. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 33. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project-specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project-specific water quality management plan. 34. Prior to issuance of a grading permit the Final Project-Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section VII — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors". 35. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". www.CityofRC.us Printed:2/1/2022 Page 14 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 36. GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a. Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b. Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c. Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as '100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics), OR, by means of 5,000sgft or more of allowable space designated for parking purposes'). d. Unless adequate pre-treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. www.CityofRC.us Printed:2/1/2022 Page 15 of 16 Project#: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 37. NONRESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 5.106.10 (Grading and paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how site grading or a drainage system will manage all surface water flows to keep water from entering buildings. 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. 38. 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 City Engineer, or designee. 39. (Grd.100) Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading plan set for non-residential projects the designated parking for clean air vehicles per the current adopted California Green Building Standards Code, section 5.106.5.2. 40. (Grd.017) 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". 41. (Grd.101) Prior to issuance of a grading permit for non-residential projects the applicant shall show on the electrical plans and the permitted grading plan set the location for a future installation of an Electric Vehicle (EV) charging station/parking area per the current adopted California Green Building Standards Code, section 5.106.5.3. www.CityofRC.us Printed:2/1/2022 Page 16 of 16 CITY OF RANCHO CUCAMONGA DATE: February 9, 2022 TO: Chairman and Members of the Planning Commission FROM: Matthew R. Burris, AICP, LEED AP, Deputy City Manager/Interim Planning Director INITIATED BY: David F. Eoff IV, Senior Planner SUBJECT: PROPOSED EXTENSION OF TIME FOR TENTATIVE TRACT MAP SUBTT16072 — GOLDEN MEADLOWLAND, LLC -A request for approval of a sixth 1-year extension of time ("EOT")for previously approved Tentative Tract Map SUBTT16072, a subdivision of 150.79 acres located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue into 358 lots in the Low (2-4 dwelling units per acre) and Very Low (up to 2 dwelling units per acre) Residential Districts of the Etiwanda North Specific Plan. APNs: 1087-081-12, -19, -20, -21, -22, -23, and -24. Pursuant to the California Environmental Quality Act(CEQA),the proposed EOT is covered by a prior Environmental Impact Report (EIR) certified by the City Council on June 16, 2004, by City Council Resolution 04-206. No further environmental review is required for the proposed EOT, which is within the scope of the previous EIR. All requirements, mitigations, and conditions of approval associated with the certified EIR and approved Tentative Tract Map SUBTT16072 remain applicable and must be complied with. (Continued from January 26, 2022, to February 9, 2022, Planning Commission Meeting.) RECOMMENDATION: Staff recommends that the Planning Commission take the following action: • Deny the request for a sixth 1-year extension of time for Tentative Tract Map SUBTT16072 by adoption of the attached Resolution of Approval. EXECUTIVE SUMMARY: A request for a sixth (6th), one-year extension of time in accordance with Government Code Section 66452.6(e)of the Subdivision Map Act(Cal. Gov. Code, § 66410 et seq.)and Chapter 16.16 of the Rancho Cucamonga Municipal Code for a single-family residential subdivision project originally approved on June 16, 2004. On January 26, 2022, the Planning Commission held a regular scheduled meeting in which the request for the sixth (6th) one-year extension of time was presented to the Planning Commission for consideration. However, due to a minor technical error, which resulted in some mailing addresses being inadvertently left off the mailing list for the public notice, the project was continued to the next regular scheduled meeting on February 9, 2022, to allow the opportunity for all affected and interested residents to participate. The Planning Commission is being asked to act on the tentative tract map extension request only, in its current design. There are no alternative proposals for the project site, nor are any modifications to the tract map's approved design from 2004 proposed for consideration by the Planning Commission. PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 2 BACKGROUND: The site generally slopes from north to south at approximately 6 percent gradient and currently contains the remains of a foundation from a residential structure, remnants of low stonewalls, and irrigation flumes. The site is otherwise undeveloped and contains a variety of native vegetation including California Buckwheat White Sage, White Sage, Scalebroom Scrub, and Riversidean Alluvial Fan Sage Scrub, and a variety of non-native vegetation. The site is divided generally from southwest to northeast by the Etiwanda Avenue Fault Scarp. As discussed below, a certified EIR analyzed the project's potential environmental impacts on the area. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Vacant land Traditional Neighborhood Very Low (VL) Residential2,3 Low (L) Residential2,3 Power line corridor General Open Space and Utility Corridor(UC) North Facilities Vacant land 1 ) Traditional Neighborhood Low(L) Residentia12 approved for or 269 269 lots) Cucamonga Valley Water General Open Space and South District CVWD facility Facilities Very Low (VL) Residential' Vacant land Neighborhood Center Vacant land (SUBTT18908 2 approved for 21 lots Low (L) Residential East pp ) Traditional Neighborhood Vacant land Very Low (VL) Residential2 West Single-family residences Suburban Neighborhood Low(L) Residential2 Very Low 1 -Etiwanda Specific Plan;2—Etiwanda North Specific Plan; 3—the land use designations and zoning are divided by the Etiwanda Avenue Scarp of the Red Hill Fault Zone Tentative Tract Map SUBTT16072 was initially approved by the City Council on June 16, 2004, for an initial period of three years. The approval period for a tentative tract map begins on the date the map is approved. As discussed below, several discretionary and legislative extensions of this tentative map have also been granted over the years. On January 6, 1999, the City Council amended the City's Subdivision Ordinance to establish a 3-year initial approval period for tract and parcel maps. The amendment also allows the Planning Commission to grant time extensions in 12-month increments for up to an additional 5 years (a maximum of 8 years from the original time approval) (RCMC § 16.16.170.C.). Additionally, State legislation passed between 2008 and 2020 granted nearly 9 years of additional automatic extensions to existing subdivision maps, all of which have been applied to Tract 16072. The most recent extension applied to Tract 16072 came through Assembly Bill 1561, which took effect on January 1, 2021, and extended certain residential entitlements and subdivisions for 18 months. Assembly Bill 1561 automatically extended the expiration date for Tract 16072 to January 12, 2022. Government Code Section 66452.6(c) of the Subdivision Map Act also excludes periods of time from counting toward the expiration of the tentative map when a lawsuit challenging its approval is pending in court. On July 16, 2004, the Spirit of the Sage Council challenged the City's approval of Tentative Tract Map SUBTT16072. A settlement agreement was reached between Spirit of the Sage Council and the PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 3 applicant on August 12, 2005. The Spirit of the Sage Council in return filed a request for dismissal of the petition for writ of mandate against the City. Dismissal of the petition concluded the period of time the tentative map was pending in court, which resulted in 392 days.The stay of time for 392 days was approved by the Planning Commission on August 14, 2019 and applied to the life of the map. Collectively, the approval period for Tentative Tract Map SUBTT16072 has been extended for roughly 17 years and 6 months, not including this current request. The table below outlines the series of discretionary and legislative extensions that occurred for Tract 16072. Approving Approval/Extension Approval Approval Date Expiration Date Authority Type Period City Council Tentative Tract Map 3 Years June 16, 2004 June 16, 2007 Approval Lawsuit settled 422 days after approval n/a n/a n/a Planning Commission Time Extension 1 Year June 13, 2007 June 16, 2008 Planning Time Extension 1 Year May 28, 2008 June 16, 2009 Commission Senate Bill Automatic Extension 1 Year June 16, 2009 June 16, 2010 1185 Assembly Bill Automatic Extension 2 Years June 16, 2010 June 16, 2012 333 Assembly Bill Automatic Extension 2 Years June 16, 2012 June 16, 2014 208 Assembly Bill Automatic Extension 2 Years June 16, 2014 June 16, 2016 116 Planning Commission Time Extension 1 Year June 22, 2016 June 16, 2017 Planning Time Extension 1 Year June 14, 2017 June 16, 2018 Commission Planning Time Extension 1 Year June 13, 2018 June 16, 2019 Commission Planning Proposed Litigation Stay 392 days August 14, 2019 July 12, 2020 Commission Assembly Bill 1 Year 1561 Automatic Extension and 6 July 12, 2020 January 12, 2022 Months Planning Proposed Time 1 Year January 12, 2023 Commission Extension The applicant has received five one-year extensions from the Planning Commission, as noted in the table above. Chapter 16.16.170 of the Rancho Cucamonga Municipal Code allows extensions of tentative tract maps to be granted in 12-month increments for up to five years. While the Municipal Code provides a maximum of 5, 12-month extensions, the Subdivision Map Act authorizes the Planning Commission's consideration of extensions not exceeding a total of six years (Gov. Code, § 66452.6(e)). As such, the applicant is seeking approval of a sixth and final one-year discretionary extension of Tract 16072 pursuant to the Subdivision Map Act to extend the expiration date of January 12, 2023. PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 4 Tract 16072 includes 358 single-family lots that range from roughly 9,000 square feet to over'/2 an acre in size. The subdivision is designed to provide one point of access from a future segment of Wilson Avenue, two points of access from Etiwanda Avenue, one point of access from East Avenue, and designed with internal circulation throughout the project site consisting of various cul-de-sacs. The project and project site are currently regulated by the Etiwanda North Specific Plan. In the early 1990s, the Etiwanda North Specific Plan, which covers roughly 6,800 acres of land in the upper Etiwanda area, was adopted by City Council to help guide development of the foothill neighborhoods and ensure adequate conservation of open space. The City's previous General Plan (adopted in 2010) also identified the upper Etiwanda area as a location for low intensity rural development using land use designations of very low and low residential. Under these previous designations, development was characterized as detached, very-low density single- family homes on half-acre lots or larger at 0.10 to 2 dwelling units per acre, or detached, low density development on smaller lots at 2.0 to 4.0 units per acre. The specific plan also required several circulation improvements that were necessary for the entire project area, for a variety of reasons including emergency access, and a variety of policies to help guide circulation patterns as portions of the specific plan began to develop. Some of the noteworthy improvements include the construction of various streets such as Wilson Avenue, East Avenue north of Wilson Avenue, portions of Day Creek Boulevard, among others. The policies related to circulation were incorporated into the specific plan to ensure efficient circulation was produced while other components of the Etiwanda area were protected. When the City first began work on the Annexation Area north of Los Osos and west of Tract 16072, the traditional standards in the Etiwanda North Specific Plan were the original foundation. Approximately a year or so into the process, development trends began to shift, and the residents of the City clearly expressed their support for a different approach. Accordingly, the City took a different approach to development in the foothills with the adoption of the Etiwanda Heights Neighborhood Conservation Plan (ENHCP) in 2019. After four years of extensive public engagement, EHNCP reflects the community's current vision for how new foothill neighborhoods should be designed reflecting the City's heritage without compromising habitat and open space conservation, recreational access, and unprecedented views of the San Gabriel mountains. PROJECT ANALYSIS: Pursuant to Section 16.16.110 of the Rancho Cucamonga Municipal Code, a tentative tract map may be denied by the Planning Commission on any of the grounds provided by City ordinances or the Subdivision Map Act. Furthermore, Section 16.16.110.B of the Rancho Cucamonga Municipal Code provides findings for the denial of a tentative tract map, one or more of which must be made by the Planning Commission. Staff is recommending the Planning Commission deny the request for a 6th 1-year extension of time for Tract 16072 based on the General Plan consistency as well as the status of several outstanding conditions, as discussed below. General Plan Consistency On December 15, 2021, the City Council approved a comprehensive General Plan update and certified the companion Environmental Impact Report. The General Plan update was an extensive process that occurred over the span of two years and resulted in a community-based plan that will create places where people want to be and can thrive. The General Plan has several crosscutting ideas that are applicable to this consideration: providing connectivity and accessibility, designing for people first, and creating destinations. The Etiwanda area is currently regulated by several specific plans, including EHNCP, that are intended to provide direction for the conservation of the rural and natural open spaces, while carefully guiding future development in the foothills. The General Plan acknowledges the neighborhoods built under these previous plans and provides for their maintenance and preservation. For those large remaining sites of PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 5 Etiwanda, the General Plan acknowledges the community's vision for how future foothill neighborhoods should be designed and built to better reflect Etiwanda's traditional heritage as well as to provide future residents of those neighborhoods with greater access, greater connectivity, and enhanced public safety. Land Use Designation: Tract 16072 is one of these areas and has the General Plan designation of Traditional Neighborhood. The Traditional Neighborhood designation is intended promote traditional pedestrian-oriented neighborhood patterns using a mix of low and low-medium density residential. The development pattern is intended to conform to the natural terrain, using minimal grading in order to preserve the natural landforms of the hillside areas. Development patterns are also guided by strong access and connectivity, incorporating streets that are interconnected with a grid network and human- scaled walkable blocks. This is typically achieved by incorporating various pedestrian connections from neighborhood streets, providing bike lanes along collector streets, or by using well-designed streets that include landscape enhancements that define the public spaces. Following are requirements from the General Plan for the Traditional Neighborhood Designation: • "Lots, blocks, and streets conform to the natural terrain, minimizing grading and preserving natural landforms." Inconsistent: Tract 16072 plans for mass grading and the creation of large fill slopes along Wilson Avenue and East Avenue. • "Streets are highly interconnected with a grid network pattern and human-scale blocks." Inconsistent: Tract 16072 provides for extremely limited connection with just one connection on Wilson Avenue and one connection on East Avenue. The vast majority of the streets are dead ends (six cul-de-sacs in total), providing for the creation of three very large blocks. • "Open space is in the form of neighborhood parks for active and passive recreational use for all ages and other small open spaces such as plazas and squares at mixed-use and commercial areas." Inconsistent: Tract 16072 provides no open space beyond landscaped slopes. No open space is provided in the form of neighborhood parks. Note that Tract 16072 is a component of a larger development concept that consolidates open space within a fault hazard zone, a trailhead, and an equestrian center. Open space is also not provided in the form of neighborhood parks as a part of the larger development concept General Plan Policy Consistency: The project fails to meet relevant policies of the General Plan, and therefore is inconsistent with the General Plan. The information below discusses these inconsistencies. Applicable Policy Analysis LC-1.1 Complete Places. Ensure that a broad range of Neither Tract 16072 nor the larger Richland-Tracy-Chen recreational,commercial, educational,arts,cultural, and development provides for easily accessible amenities. civic amenities are nearby and easily accessible to Limited open space is anticipated, access is limited, and residents and workers in each neighborhood and each no civic or commercial uses are provided for available employment district. in the vicinity. LC-1.4 Connectivity and Mobility. Work to complete a Tract 16072 does not provide for a network of network of pedestrian- and bike-friendly streets and pedestrian friendly streets. Streets primarily end in cul- trails, designed in concert with adjacent land uses, de-sacs, there are only two connections outside of the Tract to the larger street network, and blocks are very long with indirect perimeters. LC-3.5 Efficient Growth. Manage growth in a manner I While a current Fiscal Impact Analysis was not prepared PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 6 that is fiscally sustainable, paced with the availability of (nor would typically be required for a map extension), infrastructure, and protects and/or enhances community since this map was approved 18 years ago, the City has value. Discourage growth and development that will found that large-lot single family development projects impact the City are typically not fiscally sustainable as such projects tend to struggle to generate sufficient revenue to offset the corresponding increase in municipal services. LC-4.2 Complete Neighborhoods. Strive to ensure that Tract 16072 is designed as a limited access suburban all new neighborhoods, and infill development within or residential subdivision. No services are in walking adjacent to existing neighborhoods, are complete and distance nor are any services proposed as part of this well-structured such that the physical layout, and land Tract. Tract 16072 is part of a larger project that use mix promote walking to services, biking and transit provides limited open space amenities generally use, and have the following characteristics. clustered within the fault hazard setback zone. Due to • Be organized into human-scale, walkable blocks, with the large-block, limited access street and block network, a high level of connectivity for pedestrians, bicycles, and pedestrian and bicycle connectivity would be indirect. vehicles. Tract 16072 is not organized in relation to an activity • Be organized in relation to one or more focal activity center. There are no goods and services within walking centers, such as a park, school, civic building, or distance of the site. Lot sizes are generally uniform with neighborhood retail, such that most homes are no limited variability, precluding diversity in housing types, further than one-quarter mile. sizes, or affordability. • Require development patterns such that 60 percent of dwelling units are within 1/2-mile walking distance to neighborhood goods and services. • Provide as wide a diversity of housing styles and types as possible, and appropriate to the existing neighborhood context. • Provide homes with entries and windows facing the street, with driveways and garages generally deem hasized in the streetsca a composition. LC-4.3 Connected Neighborhoods. Require that each Tract 16072 does not make all possible connections. It new increment of residential development make all provides just two connections to Wilson and East possible street, trail, and open space connections to Avenues, providing far fewer connections than is existing adjoining residential or commercial appropriate for good pedestrian and public safety development and provide for future connections into any access. adjoining parcels. LC-4.4 Balanced Neighborhoods. Within the density Tract 16072 lot sizes are generally uniform with limited ranges and housing types defined in this General Plan, variability, precluding diversity in housing types, sizes, promote a range of housing and price levels within each or affordability that would help accommodate diverse neighborhood to accommodate diverse ages and ages and incomes. incomes. LC-4.5 Equitable Housing Opportunities and Diversity of Tract 16072 lot sizes are generally uniform with limited Housing Types. Within the density ranges and housing variability, precluding diversity in housing types, sizes, types defined in this General Plan, promote a diversity or affordability that would help accommodate diverse of land tenure opportunities to provide a range of ages and incomes. Based on proposed lots sizes, all choices on the types of property estate available and units are expected to be for sale within a fairly limited ready access to an equitable array of opportunities at a band of higher pricing. variety of price points. For projects five acres or larger, require that diverse housing types be provided and intermixed rather than segregated by dwelling type. LC-4.6 Block Length. Require new neighborhoods to be Block lengths far exceed both the 600-foot length and designed with blocks no longer than 600 feet nor a 1800 foot perimeter requirement. No mid-block perimeter exceeding 1,800 feet. Exceptions can be connections are provided. For example, if Tract 16072 made if mid-block pedestrian and bicycle connections were to meet this standard, there would be at least one are provided, or if the neighborhood is on the edge of additional connection on Wilson Avenue and at least town and is intended to have a rural or semi-rural design two additional connections on East Avenue. character PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 7 LC-4.7 Intersection Density. Require new With only two connections to the surrounding street neighborhoods to provide high levels of intersection network and one additional proposed connection to density. Neighborhood Center and Semi-Rural future tracts, At 150 acres and under the most Neighborhoods should provide approximately 400 permissive metric of 200 intersections per square mile, intersections per square mile. Suburban Neighborhoods Tract map 16072 should have at least 46 intersections. should provide at least 200 intersections per square Tract 16072 has twelve intersections. Tract 16072 fails mile. to meet the intersection density requirements. LC-4.12 Conventional Suburban Neighborhood Design. Tract 16072 is a conventional suburban design with Discourage the construction of new residential long perimeter walls, discontinuous cul-de-sac street neighborhoods that are characterized by sound walls on patterns, long block lengths, single building and any streets, discontinuous cul-de-sac street patterns, housing types, and lack of walking or biking access to long block lengths, single building and housing types, parks, schools, goods, and services and represents an and lack of walking or biking access to parks, schools, approach that the General Plan discourages. nods, and services. LC-4.13 Neighborhood Edges. Encourage Tract 16072 would not provide for neighborhood edges neighborhood edges along street corridors to be along street corridors with active frontages. The characterized by active frontages,whether single-family neighborhood edges are characterized by long walls or multifamily residential, or by ground floor, with landscaping without any midblock access points. neighborhood-service non-residential uses. Where this is not possible due to existing development patterns or envisioned streetscape character, neighborhood edges shall be designed based on the following policies: • Strongly discourage the construction of new gated communities except in Semi-Rural Neighborhoods. • Allow the use of sound walls to buffer new neighborhoods from existing sources of noise pollution such as railroads and limited access roadways. Consider sound walls as sites for public art. • Prohibit the use of sound walls to buffer residential areas from arterial or collector streets. Instead design approaches such as building setbacks, landscaping and other techniques shall be used. • In the case where sound walls might be acceptable, require pedestrian access points to improve access from the Neighborhoods to nearby commercial, educational, and recreational amenities, activity centers and transit stops. • Discourage the use of signs to distinguish one residential project from another. Strive for neighborhoods to blend seamlessly into one another. If provided, gateways should be landmarks and urban design focal points, not advertisements for home builders. LC-6.2 Small Scale Centers. Support one or more very Neighborhood centers were always envisioned in the small-scale Centers on well-located under-developed Etiwanda area in previous General Plans and Specific parcels within walking, biking, or horseback riding Plans within or adjacent to this tract. Tract 16072 does distance of neighborhoods in Alta Loma and Etiwanda. not provide any small scale centers that would help meet this policy and increase amenities in northern Etiwanda. OS-1.1 Equitable Access to Parks. Strive to ensure that Tract 16072's current design does not provide open at least one park or other public open space is within space or parks for new homes. While the broader plan safe, comfortable walk from homes and jobs, without intends to use the existing fault zone as open space, crossing major streets except at signalized crossings. the cul-de-sac circulation and the lack of adequate Equitable access to parks should be determined based pedestrian circulation throughout the site will make it on the fundamental character of the place rural, challenging to reach the common area without the use PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 8 suburban, urban) and corresponding transportation of a car or without having to take a more circuitous infrastructure. route b walkin . OS-1.5 Design for Safety. Require the use of Crime While Tract 16072 does not provide any open space, it Prevention Through Environmental Design (CPTED) is designed to abut an open space feature. The homes design techniques such as providing clear lines of sight, proposed for this edge are not designed with CPTED appropriate lighting, and wayfinding signs to ensure that best practices. Rather, the new homes would turn their parks are safe and easy to navigate. backs to the open space and not provide eyes on the space. OS-1.6 New Development. Ensure that new residential As discussed above Tract 16072 does not provide and nonresidential developments provide adequate on- open space. The larger project does but not in a site recreational and open space amenities consistent manner laid out in the General Plan. with applicable General Plan Designations, and the needs of new development. MA-2.3 Street Design. Implement innovative street and Tract 16072 does not implement any innovative street intersection designs to maximize efficiency and safety and intersection designs as required by this policy. in the city. Use traffic calming tools to assist in implementing complete street principles. Possible tools include roundabouts, curb extensions, high visibility crosswalks, and separated bicycle infrastructure MA-2.4 Street Connectivity. Require connectivity and Tract 16072 does not provide connectivity, accessibility to a mix of land uses that meets residents' accessibility, or a land use mix that would assist daily needs within walking distance. residents with meeting their daily needs within walking distance. MA-2.10 Block Pattern. Require development projects Tract 16072 arranges streets in a discontinuous cul- to arrange streets in an interconnected block pattern, so de-sac-based block pattern that concentrates travel to that pedestrians, bicyclists, and drivers are not forced two access points and is inconsistent with this policy. onto arterial streets for inter- or intra- neighborhood travel. MA-5.1 Land Use Supporting Reduced VMT. Work to While Tract 16072 was evaluated under CEQA prior to reduce VMT through land use planning, enhanced requirements for evaluating VMT and no tract-specific transit access, localized attractions, and access to non- analysis was prepared, the City has found that automotive modes. traditional development patterns as envisioned and described by the General Plan can reduce VMT by up to 15% below VMT levels of conventional suburban designs such as Tract 16072. H-1.1 RHNA Requirement. Encourage the development Tract 16072 does not provide a meaningful range of of a wide range of housing options, types, and prices housing types, options, or affordability. that will enable the City to achieve its share of the RHNA. RC-1.6 Hillside Grading. Grading of hillsides shall be Tract 16072 relies on a mass grading approach and minimized, following natural landform to the maximum does not follow the natural landform to any great extent possible. Retaining walls shall be discouraged degree, resulting in large fill slopes on Wilson Avenue and if necessary screened from view. and East Avenue. S-3.2 Fire Protection Plans. All new development, Tract 16072 does not have a current Fire Protection redevelopment, and major remodels in the WUIFA will Plan that reflects current Fire District policies and require the preparation of Fire Protection Plans (FPPs) current best practices. Additionally, the 2014 Fire to reduce fire threat, in accordance with Fire District Protection Plan has not been analyzed or updated policies and procedures I against State policies, requirements, or best practices. As discussed above, Tract 16072 is not compliant with the Traditional Neighborhood Designation nor supporting policies. In response to community priorities, the General Plan provides specific direction to steer away from conventional suburban design specifically because such a design generally results in greater environmental and public health impacts such as increased vehicle activity and vehicle miles traveled, increased air quality emissions, increased greenhouse gas emissions, and decreased PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 9 physical activity. Connectivity is a key aspect of the General Plan overall and a key aspect of the Traditional Neighborhood designation. Not only does connectivity benefit walking, biking, and other means of access throughout the city and neighborhoods, but it also provides substantial benefits for public safety and emergency response. Strong connectivity provides resiliency and redundancy on the road network, it provides additional routes for emergency personnel, and improves access during an evacuation. This is especially important to consider in undeveloped areas, such as Tract 16072, that are potentially vulnerable to many types of natural disasters. The current design of Tract 16072 incorporates numerous cul-de-sacs and dead-end streets and provides a minimal number of external access points into the subdivision. This is contrary to the Traditional Neighborhood concept and does not lend itself well to providing robust and resilient emergency access. To further emphasize the importance of emergency access, an Evacuation Analysis was prepared as a companion document to the General Plan. The Evacuation Analysis supports the General Plan's vision of building strong connectivity and addressing many of our disconnected neighborhoods to allow multiple and varied ways in and out of the neighborhood during emergency events. The Evacuation Analysis applies to the entire city but pays particularly close attention to the areas north of SR-210 freeway. The Evacuation Analysis identifies areas north of the freeway as the area that has to travel the farthest to evacuation centers, and the area needing the longest lead time to facilitate an evacuation. Additionally, this is an area of the City that is closest to the wildland urban interface (WUI), closest to the historic wildfire perimeters in the City, has areas that are within a flood hazard area, and is just south of the Cucamonga Fault line (plus the Etiwanda Avenue Fault and portions of the Red Hill Fault). Tract 16072 is located at the convergence of these activities, adding another layer to the importance of connectivity, access, and redundancy in the road network. As currently designed, Tract 16072 is not contributing to improved access or addressing the concerns of disconnected neighborhoods. Tract 16072 is continuing a similar development pattern from that past that is contrary to the vision of the current General Plan, which aims to address these needs while also creating better street networks into the future. Additional Considerations Lack of Applicant Diligence in Processing Final Map: There are several conditions of approval, required by the Planning and Engineering Departments, remaining to be completed prior to a final map being recorded. These conditions were imposed on the original project approval from 2004 and include requirements such as: • Addressing biological resource habitat preservation —the conditions of approval require the applicant to transfer 147.7 acres of land for permanent offsite open space and habitat preservation to a City- approved conservation entity. The condition includes an option to pay an in-lieu fee, however that fee must be accepted by a city-approved conservation entity and is not paid directly to the City. • Provide fair share contributions towards traffic improvements —the condition requires the applicant to contribute its fair share towards local offsite and onsite traffic improvement. These contributions are also subject to an agreement with the City that must be in place prior to the tract map's approval. • Forming a Homeowners Association and Covenants, Conditions, and Restrictions (CC&Rs) — CC&Rs and the Articles of Incorporation of the Homeowners Association must be reviewed and approved by the Planning Department, Engineering Department, and City Attorney, and recorded concurrently with the final map. CCR's and an HOA have not been formed to date or submitted to the City for review. PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 10 • FEMA compliance for drainage and flood protection facilities —the applicant/developer is responsible for removing the current Flood Insurance Rate Map (FIRM) zone designation from the project area. The developer is required to provide the necessary drainage and flood protection facilities to meet FEMA requirements and obtain a Conditional Letter of Map Revision (CLOMR) from FEMA prior to final map recording. This has not been satisfied, nor to our knowledge has the process been initiated with FEMA. These items have remained outstanding over the 18-year life of the tentative map and must be satisfied prior to the approval and recordation of the final map. Further, despite working on those conditions of approval, particularly the biological resource habitat preservation, for over 15 years, the applicant is not materially closer to meeting the requirements than they were 14 years ago. Correspondence Received from Applicant: On January 26, 2022, the City received correspondence from the applicant regarding the recommendation to deny the proposed extension of time, which was provided to the Planning Commission at the January 26, 2022 meeting. The letter makes three general claims: (1) the City does not have discretion to deny an application for an extension of time of a tentative map; (2) the City's denial of the requested extension of time for Tentative Tract Map SUBTT16072 would violate the Housing Accountability Act; and (3)the Final Map submitted for approval on March 5, 2021, complies with the conditions of approval imposed on Tentative Tract Map SUBTT16072, the Subdivision Map Act, and the City's subdivision ordinance. With respect to the last claim, the applicant's submission of a Final Map for consideration by the City is not part of the Planning Commission's consideration of the proposed extension of time for Tentative Tract Map SUBTT16072. The Planning Commission is not the decision-making body for the Final Map. The review of the Final Map is a ministerial act delegated under the Map Act and the City's subdivision ordinance to the City Engineer and the City Council. City staff, after consultation with the City Attorney's office, also disagrees with the applicant's remaining assertions. First, the Commission's review of an application for an extension of times is a discretionary matter, not ministerial. The applicant cites to specific case law asserting that the Planning Commission may not consider changes to the City's General Plan when considering a request to extend a tentative map. However, the cases cited by the applicant do not support the applicant's position. One case addresses whether a planning commission may impose conditions of approval on a tentative map extension; not whether that legislative body had the discretion to deny the extension. Another case cited by the applicant addresses whether a local agency could act on an application for an extension of time even after the tentative map in that case had expired. Other cases cited by the applicant concern the life and use of conditional use permits and do not apply to situations where the entitlement is a tentative map and the applicant has not acquired vested rights. Regardless of the cases cited by the applicant, City staff has provided the Planning Commission with evidence that the applicant has not been diligent in finalizing the Final Map, which is one of many bases for denial of the extension of time that is recommended by staff. Additionally, the Planning Commission has itself expressed concerns about continually extending Tentative Tract Map SUBTT16072 on previous occasions when considering the five one-year discretionary extensions because the applicant had done little to advance the development on the site over many years. Lastly, as the Planning Commission is aware, the Housing Accountability Act (HAA) prohibits the City from denying or reducing the density of a "housing development project" that meets all of the City's objective standards. If the proposed extension of time falls within the scope of the HAA, City staff has presented the Planning Commission with facts supporting why the project does not meet specific objective standards, including the City's objective block network requirements and circulation requirements under the General PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 11 Plan. Given the project's failure to comply with identified objective standards and General Plan policies, the City has discretion to deny the proposed extension of time under the HAA. In the event the Planning Commission approves the Staff recommendation to deny the extension of time for Tract 16072, the tentative tract will expire unless the Commission's action is appealed to the City Council. The expiration of Tract 16072 will terminate all proceedings and the City would be prohibited under the Subdivision Map Act from processing a final map for the property without first processing a new tentative map. Upon expiration, any future subdivision will be required to be consistent with the General Plan as articulated by the Traditional Neighborhood designation as well as the policies pertaining to land use, circulation, safety, and environmental performance. In the event the Planning Commission decides to approve a 61" 1-year extension of time, the applicant will be required to complete all of the remaining conditions and record the final map prior to the map's new expiration date. Unless the Legislature enacts additional automatic extensions applicable to Tract 16072, the Planning Commission's approval of the proposed extension would be the final discretionary extension allowed for Tract 16072 under the Subdivision Map Act. Public Art: Tentative maps are exempt from providing public art as outlined in Chapter 17.124 of the Development Code. The related development review for 358 single-family residences on the project site was approved on by the City Council June 16, 2004, prior to the City Council's approval of Ordinance 912 (Creative Placemaking and Public Art) on July 19, 2017. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City certified an Environmental Impact Report on June 16, 2004, in connection with the City's approval of Tentative Tract Map SUBTT16072. 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 indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. FISCAL IMPACT: A fiscal impact analysis was not prepared for this project; however, the project proponent will be responsible for paying one-time impact fees in the event the requested extension of time is approved. These fees are intended to help fund and offset the impacts on city infrastructure such as police and public safety, transportation and drainage infrastructure, library services, animal services, parks and community and recreation services, among others, that result from impacts and the increased demand from the proposed project. Furthermore, in the event the extension of time is approved and constructed, the project site will increase in value as the parcels will be assessed an annual property tax. A percentage of this annual tax is shared with the City. However, generally speaking, the City has found that residential projects, especially large lot single family residential projects, struggle to provide enough annual revenue to the City to offset the increase in demand on city infrastructure. COUNCIL GOAL(S) ADDRESSED: The City of Rancho Cucamonga has been committed to creating a world-class community that is grounded in the concepts of excellence, opportunity, and a high quality of life. As the City works to carry out this commitment and works towards its vision of a world-class city, it is guided by a series of core values. Tract 16072, as currently designed, does not meet these core values of the City Council due to its inconsistency with the vision, goals, and policies of the General Plan. PLANNING COMMISSION STAFF REPORT DRC2022-00020 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. February 9, 2022 Page 12 CORRESPONDENCE: This item was advertised as a public hearing with a regular size 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. Written correspondence was received from the applicant on January 26, 2022, in response to the initial public hearing scheduled on January 26, 2022. However, to date, for the continued public hearing, no written comments or phone calls have been received regarding the project notifications. EXHIBITS: Exhibit A - Tentative Tract Map 16072 Exhibit B - Applicant Correspondence Exhibit C - Draft Resolution 22-04 Denial for a 6t" 1-year extension of time for Tentative Tract Map SUBTT16072 �r ��r�¢��y,� � .. "+ "�.^"r+. w�'sue..���.r.� —+r�`r�r,,,.Y�•:rp�� '. � --- �� ♦ r/ G Iff �rEmma �' lF� S �3 •. •f�Y,f COXS.U.II IXG ..- ..� .E RAN 911 }�G�.�;- �raw+�.�--'"e��ef��••saw+'�F�.e�,.���ere+wrrriGfiwi.r".. 'I � 1 . A a . ► 1 � l l A • R U TA N Matthew D.Francois Direct Dial:(650)798-5669 RUTAN &TUCKER, LLP E-mail:mfrancois@rutan.com January 26, 2022 VIA E-MAIL fElizabeth.Thornhill(a,cityofrc.usl Honorable Francisco Oaxaca, Chair and Members of the Planning Commission City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Proposed Extension of Time for Tentative Tract Map SUBTT16072; January 26, 2022 Planning Commission, Agenda Item No. D1. Dear Chair Oaxaca and Members of the Planning Commission: We write on behalf of our client, Richland, in support of the extension of the above- referenced Tentative Map (the "Extension Request") for a proposed residential development of 358 homes (the "Project"). Although the Planning Commission has approved every prior extension request as well as a litigation stay,Staff nonetheless recommends denial of the Extension Request arguing that the Project is not consistent with the General Plan update adopted on December 15, 2021 and claiming that Richland has not been diligent in satisfying the conditions of approval. As detailed below, Staff s position is not supported by the facts or the law. We respectfully ask the Planning Commission to approve the Extension Request! 1. Background The Tentative Map was approved by the City Council in 2004. Implementation of the Project was delayed by a lawsuit, the Great Recession, and the COVID-19 pandemic, as well as the lengthy and costly process of obtaining necessary regulatory approvals from resource agencies. In 2018, the City was in the midst of a new effort to master plan an area adjacent to the Etiwanda North Specific Plan area where the Project site is located. As requested, Richland worked collaboratively with the City and community stakeholders in this process. Specifically, Richland spent 24 months and over $1,024,000 in planning, engineering, studies, workshops, and presentations in developing a new concept plan for the site known as The Trails. Unfortunately, 1 At the outset,we apologize for the lateness of our letter,but Richland does not have any record of receiving any written notice of this meeting as required by state and local law. Additionally, this request is submitted in full reservation of Richland's rights that the Final Map was properly filed for approval and any subsequently-needed action can occur after filing of the map and/or that the Tentative Map is automatically extended by operation of law for three years due to Richland's expenditures on off-site improvements. (Government Code § 66452.6(a), (d).) Exhibit B Rutan & Tucker, LLP 1 455 Market Street, Suite 1870 San Francisco, CA 94105 1 650-263-7900 1 Fax 650-263-7901 2783/030725-0001 Orange County I Palo Alto I San Francisco I www.rutan.com 17421193.3a01/26/22 RUTAN RUTAN&TUCKER,LLP Honorable Francisco Oaxaca, Chair and Members of the Planning Commission January 26, 2022 Page 2 the planning vision that was ultimately embraced by City Staff was more appropriate for flat land than the Project site which has over 250 feet of vertical elevation change from top to bottom. After countless emails, calls and meetings to discuss how the existing hillside topography dictates how the site can be developed, Richland could not make headway on the issue and get to a mutual understanding with City Staff. In or around October 2020, Richland decided that it was time to pivot back to the originally approved Project, which the City had continuously supported through its granting of various extension requests. Richland spent the past 14 months and $2,653,000 preparing the Final Map and Grading and Improvement Plans and processed them through the City and outside agencies. Richland has already received approvals on several of the plan sets and has processed new regulatory permits through federal and state agencies. Richland has acquired offsite right-of-way and easements for construction of future infrastructure to service the project and complete the road gap on Wilson Avenue. Richland has successfully processed the annexation of the Project site into the City. Additionally, multiple community facilities districts have been formed for the long term maintenance and facilities financing for the Project. Since the approval of the Tentative Map,Richland has expended approximately$3,543,000 in complying with the Tentative Map conditions of approval and processing the Final Map,which includes $341,000 in payments to the City for processing. This is on top of the $22,735,000 in land acquisition costs for the Project site and conservation land and the more than$1,024,000 spent on feasibility studies and related analysis for The Trails. 2. Staffs Recommendation to Deny the Extension Request Conflicts with the Law. Staff claims that the Extension Request should be denied because the Project is not consistent with the General Plan Update approved on December 15, 2021, i.e., less than a month before the expiration of the Tentative Map. However,as a matter of law,General Plan consistency cannot be used as a basis to deny extension of an already-approved subdivision map; General Plan consistency findings are made in connection with approval of the tentative map and are thereafter legally binding on that map. Even if plan consistency were required, the Project remains fully consistent with the Etiwanda North Specific Plan and the low and very low residential zoning districts applicable to the Project site. In El Patio v. Permanent Rent Control Board (1980) 110 Cal.App.3d 915, the Second Appellate District overturned an agency's conditional approval of a map extension request on an issue not related to the timing of the map. In reaching its decision, the Court of Appeal reasoned as follows: 2783/030725-0001 17421193.3 a01/26/22 RUTAN RUTAN&TUCKER,LLP Honorable Francisco Oaxaca, Chair and Members of the Planning Commission January 26, 2022 Page 3 [Government Code] section 66452.6 expressly permits an extension only as to `time.' There is no provision which suggests that the legislative body or advisory body is to reconsider its findings under section 66474 when granting an extension of time and indeed, the requirements for notice upon approval of a tentative map . . . would make such a result unworkable." (110 Cal.App.3d at 928 [emphasis added].) (Accord Bodega Bay Concerned Citizens v. County of Sonoma(2005) 125 Cal.AppAth 1061, 1068 ["Once a tentative map is approved, the county's discretion to deny an extension of the map is limited, and involves only a determination of the length of time to be granted."].) Government Code Section 66474 lists the grounds for denial of a tentative map. Among those findings is inconsistency with the general plan. The El Patio court stated plainly and unmistakably that an agency cannot reconsider its general plan consistency findings when granting an extension of time for an already approved tentative map. Yet, Staff s recommendation for denial—largely based on the Project's alleged inconsistencies with the General Plan update—does just that. In Youngblood v. Board of Supervisors (1978) 22 Cal.3d 644,the Supreme Court held that approval of a final map in substantial compliance with a tentative map is a ministerial act. In that case, a general plan had been updated between approval of the tentative map and the final map. The board's action approving the final map was challenged on the grounds of inconsistency with the new general plan. The California Supreme Court rejected that argument, reasoning that the purpose of the Subdivision Map Act provisions requiring approval of a final map that is in substantial compliance with a tentative map is: to confirm that the date when the tentative map comes before the governing body for approval is the crucial date when that body should decide whether to permit the proposed subdivision. Once the tentative map is approved, the developer often must expend substantial sums to comply with the conditions attached to that approval. These expenditures will result in the construction of improvements consistent with the proposed subdivision, but often inconsistent with alternative uses of the land. Consequently it is only fair to the developer and to the public interest to require the governing body to render its discretionary decision whether and upon what conditions to approve the proposed subdivision when it acts on the tentative map. (22 CaDd at 655-656.) The fact that the tentative map is the crucial date for the general plan consistency determination and imposition of conditions is likewise reflected in the statute. Government Code Section 66474.2 states that in deciding whether to approve or conditionally approve a tentative 2783/030725-0001 17421193.3 a01/26/22 RUTAN RUTAN&TUCKER,LLP Honorable Francisco Oaxaca, Chair and Members of the Planning Commission January 26, 2022 Page 4 map, "the local agency shall apply only those ordinances, policies, and standards in effect at the date the local agency has determined that the application is complete . . .." Further, courts have ruled against agencies that have refused to grant permit extensions in similar circumstances. In Community Development Commission v. City of Fort Bragg(1988) 204 Cal.App.3d 1124, the Court of Appeal overturned a city's rejection of an extension request when the developer had shown a good faith intent to proceed with the use through securing financing,purchasing the property, hiring architects and engineers, and submitting building plans for plan check review. The sums expended by Richland here—over $25 million—dwarf the approximately $200,000 in expenditures referenced in the Fort Bragg case. Moreover, the denial of an extension request would be reviewed by a court under the independent judgment test and not the substantial evidence test. (Goat Hill Tavern v. City of Costa Mesa (1992) 6 Cal.AppAth 1519.) Denial of the Extension Request would also result in the denial of a housing development project. Under the Housing Accountability Act ("HAA"), the City may only lawfully deny a housing development project if it finds that "(A) The housing development project would have a specific, adverse impact upon the public health or safety . . . [and] (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact . . . other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density." (Gov. Code § 65589.50)(1).) The proposed resolution for denial of the Extension Request does not contain either of these requisite findings nor would such findings be supported by a preponderance of the evidence, as required. In California Renters Legal Advocacy & Education Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, the Court of Appeal recently ruled that an agency violated the HAA by denying a housing project based on subjective policies similar to the ones cited by Staff in its report(and the proposed resolution) here. The City approved every other extension request submitted by Richland. In the last such extension granted in August 2019, Staff cited Richland's diligence in satisfying the conditions of approval. (Staff Report for August 14, 2019 Planning Commission hearing, p. 4.) Moreover, it our understanding that the City has not denied any other map extension requests, at least in the last 30-plus years. Staff s recommendation for denial of the Extension Request thus raises issues of arbitrary and irrational action and disparate treatment. (See, e.g.,Herrington v. County of Sonoma (9th Cir. 1987) 834 F.2d 1488 [denial of subdivision violated owner's due process rights given evidence that county's general plan/subdivision inconsistency determination was irrational and arbitrary and aimed at defeating particular development project] and Del Monte Dunes,Ltd. v. City of Monterey(9th Cir. 1990)920 F.2d 1496 [allegation that city arbitrarily and unreasonably limited use and development of property and set aside open space for public use, whereas owners of comparable properties were not subject to these conditions and restrictions states viable equal protection claim].) 2783/030725-0001 17421193.3 a01/26/22 RUTAN RUTAN&TUCKER,LLP Honorable Francisco Oaxaca, Chair and Members of the Planning Commission January 26, 2022 Page 5 In short, we urge the Planning Commission to comply with the law by granting the Extension Request. 3. Staffs Recommendation to Deny the Extension Request Is Not Supported by the Facts. The Final Map was submitted for approval on March 5,2021 and has been through multiple rounds of plan check review by City Engineering Staff. Comments from Staff were delayed and/or augmented due to the retirement of Associate Engineer Matt Addington. Mr. Addington had approved the plans with final corrections before his retirement. Unfortunately his retirement resulted in the plans being sent out to a new plan checker who had new comments. In December 2021,Richland provided an Improvement Agreement and bonds for public improvements(on-site and off-site)to the City. The fifth resubmittal of the Final Map was provided to the City on January 7, 2022. On January 11, 2022—the day before the Tentative Map was set to expire—City Engineer Justin Welday sent a letter indicating corrections needed to the Final Map.2 In his letter, Mr. Welday cited five Tentative Map conditions that he claimed had not been satisfied and would need to be rectified prior to Final Map approval. In our response letter dated January 12, 2022, we explained how the Tentative Map conditions had already been satisfied through establishment of Community Facilities District 2017-01 (Engineering Division Condition No. 1) or, as payment of fees, were not required to be satisfied until prior to permit issuance (e.g.,Mitigation Measures AQ-11,AQ-13, and TT-I). (See approved Mitigation Monitoring Program; see also Government Code § 66007.) One of the conditions cited by Mr. Welday, Mitigation Measure B-1, requires Richland to transfer 147.7 acres of land to a City-approved conservation entity (the "Conservation Land") or, if such land cannot be acquired, "deposit the equivalent mitigation cost of$10,000 per developable acre"with such an entity(the "Conservation Fee"). The City has informed Richland that the only approved conservation entity is the Inland Empire Resource Conservation District ("IERCD"). Richland owns the Conservation Land and attempted to transfer it to the IERCD. IERCD will not accept the Conservation Land unless certain off-site access easements to it are secured from the Los Angeles Department of Water & Power ("LADWP"). 2 Pursuant to City Code Section 16.18.080, such a letter indicates that the Final Map can be approved subject to corrections. 2783/030725-0001 17421193.3 a01/26/22 RUTAN RUTAN&TUCKER,LLP Honorable Francisco Oaxaca, Chair and Members of the Planning Commission January 26, 2022 Page 6 Despite numerous meetings, telephone calls, and emails over the past several months, LADWP continues to insist on a License Agreement approach to solve the access needs, which is unacceptable to IERCD. Richland representatives elevated this issue through the ranks at LADWP and most recently discussed it with the General Manager, Marty Adams, and Assistant General Manager, Nancy Sutley, to urge them to grant an Easement Agreement instead of a short-term License Agreement and provided a draft of such an agreement for LADWP's consideration. Thus, despite exercising good faith efforts,Richland has thus far been unable to secure the off-site access rights requested by IERCD and thus to convey the Conservation Land to IERCD. Because off-site access to the Conservation Land could not be acquired, Richland chose to satisfy Condition B-1 through the alternative means of compliance: depositing the Conservation Fee with IERCD. In total, the Conservation Fee amounts to $1,447,000. While these funds must be used to purchase and manage mitigation lands, nothing in the condition states that the funds must be used to purchase the Conservation Land or a similar-sized amount of land or that these funds alone must be sufficient to purchase any land. Indeed, it is not uncommon for in lieu fees such as these to be combined from several projects to achieve the mitigation purpose. On January 11,2022,the City Attorney informed Craig Cristina of Richland that if IERCD accepts the Conservation Fee, this condition will be deemed satisfied. Mr. Cristina phoned and emailed IERCD Staff and their counsel about accepting payment. Mr. Cristina physically drove to IERCD's office on January 11, 2022 with a check for the Conservation Fee in hand. IERCD's offices were closed. Mr. Cristina drove to IERCD's counsel's office on January 12, 2022. When he arrived, IERCD's attorneys would not accept the check. In a January 12, 2022 email, IERCD's counsel wrote that his client would not accept the Conservation Fee because the City Manager and City Attorney have told them that the "money comes attached with obligations to purchase 147.7 acres and [management of] those acres . . .... (A true and correct copy of this email is attached hereto as Exhibit A.) Nothing in the express terms of Condition B-1—which simply requires deposit of$10,000 per acre with a City-approved entity—supports such a construction. If IERCD will not accept the Conservation Land and IERCD will also not accept the Conservation Fee (due to a City construction of Mitigation Measure B-1 that conflicts with the plain terms), it is impossible for Richland to comply with this condition and its performance could be excused as a matter of law. (See, e.g., Habitat Trust for Wildlife, Inc. v. City of Rancho Cucamonga (2009) 175 Cal.App.4th 1306, 1335 [contract requiring dedication of conservation land to plaintiff to satisfy Mitigation Measure 13I0-1 excused due to City's rejection of plaintiff as a qualified conservation entity, an implied condition to defendant's performance]; Government Code § 66462.5 [map condition requiring construction or installation of off-site improvements waived if neither agency nor subdivider has sufficient title or interest in land at time final map is filed with the agency]; and Munns v. Stenman (1957) 152 Cal.App.2d 543, 552 [to be valid, 2783/030725-0001 17421193.3 a01/26/22 RUTAN RUTAN&TUCKER,LLP Honorable Francisco Oaxaca, Chair and Members of the Planning Commission January 26, 2022 Page 7 condition must be capable of performance by the landowner and not require concerted action by others over which the owner or developer has no control].) At minimum, and in fairness to Richland and the good faith efforts it has made over several months to satisfy this condition, the Extension Request should be granted so that it can attempt to make further attempts to perform. In sum,Richland has shown diligence in complying with relevant and applicable conditions of approval. The record would not support the City's findings to the contrary. In closing,we respectfully ask the Planning Commission to approve the Extension Request. This is, in fact, the only lawful action the City can take with respect to Richland's request. Thank for your consideration of Richland's views on this important matter. Please do not hesitate to contact me or Craig Cristina at (949) 383-4124 with any questions regarding this correspondence. Very truly yours, RUTAN & TUCKER, LLP Matthew D. Francois MDF:sb cc: Craig Cristina, Senior Vice President-Land Entitlement, Richland Matthew R. Burris, Deputy City Manager/Interim Planning Director Nicholas R. Ghirelli, City Attorney David Eoff, Senior Planner 2783/030725-0001 17421193.3 a01/26/22 E x hibit A From:Ward Simmons [mailto:Ward.Simmons@bbklaw.comj Sent: Wednesday,January 12, 2022 2:01 PM To: 'Craig Cristina' <ccristina@rich landcommunities.com>; Mandy Parkes<mparkes@iercd.org> Cc: Francois, Matthew<MFrancois@rutan.com>; Jessica Toohey<jtoohey@ rich landcommunities.com> Subject: RE: Tract 16072 - Mitigation Fee Hi Craig: Sorry to cut our call short, but had incoming call from Mandy. She plans to respond to this email and may do so even before you get my email. Consistently the message Mandy has been getting from the City, including the City Manager and the City Attorney, is the money comes attached with obligations to purchase 147.7 acres and the manage those acres, which cannot be done on $1 OK per acre. This is an issues between Richland and the City, and IERCD awaits for any resolution you may reach with the City. Thanks, Ward RESOLUTION NO. 22-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING TIME EXTENSION DRC2022-00020, A REQUEST FOR A SIXTH ONE (1) YEAR EXTENSION OF TIME FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP (SUBTT16072) TO SUBDIVIDE 150.79 ACRES LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE (APNs: 1087-081-12, -19, -20, -21, -22, - 23, and -24) INTO 358 LOTS IN THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW (UP TO 2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE ETIWANDA NORTH SPECIFIC PLAN; MAKING FINDINGS IN SUPPORT THEREOF; AND MAKING FINDINGS PURSUANT TO CEQA AND DETERMINATIONS THAT NO FURTHER CEQA REVIEW IS REQUIRED A. Recitals. 1. Golden Meadowland, LLC, filed an application for a sixth one-year extension of time for Tentative Tract Map SUBTT16072, 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 June 16, 2004, the City Council adopted Resolution No. 04-206, approving Tentative Tract Map SUBTT16072 subject to specific conditions with an expiration date of June 16, 2007. 3. On June 13, 2007, the Planning Commission adopted Resolution No. 07-26 approving a 1-year extension of time subject to specific conditions with an expiration date of June 16, 2008. 4. On May 28, 2008, the Planning Commission adopted Resolution No. 08-25 approving a second 1-year extension of time subject to specific conditions with an expiration date of June 16, 2009. 5. From July 2008 to July 2013, the State Legislature enacted Senate Bill 1185, Assembly Bill 333, Assembly Bill 208 and Assembly Bill 116 automatically extending the life of Tentative Tract Map SUBTT16072 for a total of 7 years to June 16, 2016. 6. On June 22, 2016, the Planning Commission adopted Resolution No. 16-42 approving a third 1-year extension of time subject to specific conditions with an expiration date of June 16, 2017. 7. On June 14, 2017, the Planning Commission adopted Resolution No. 17-64 approving a fourth 1-year extension of time subject to specific conditions with an expiration date of June 16, 2018. 8. On June 13, 2018, the Planning Commission adopted Resolution No. 18-24 approving a fifth 1-year extension of time subject to specific conditions with an expiration of June 16, 2019. 9. On July 16, 2004, the Spirit of the Sage Council filed a petition for writ of mandate against the City of Rancho Cucamonga (San Bernardino County Superior Court Case No. RCVRS Exhibit C PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 2 081847), to which the applicant was named as a party of interest. The Spirit of the Sage Council challenged the City's approval of Tentative Tract Map SUBTT16072. A settlement agreement was reached between Spirit of the Sage Council and the applicant on August 12, 2005. The total number of days between the writ of mandate filing petition and the settlement agreement was 392 days. Per Government Code Section 66452.6(c), the three-year term of Tentative Tract Map SUBTT16072 did not include the 392-day period during which the lawsuit was pending. On August 14, 2019, the Planning Commission adopted Resolution No. 19-49, approving the 392- day stay of time pursuant to Government Code Section 66452.6(c) and extending Tentative Tract Map SUBTT16072 to July 12, 2020. 10. On January 1, 2021, Assembly Bill 1561 became effective, automatically extending the life of Tentative Tract Map SUBTT16072 for 18 months to January 12, 2022. 11. On January 26, 2022, the Planning Commission conducted a duly noticed public hearing on the application and continued said hearing to February 9, 2022. 12. On February 9, 2022, the Planning Commission conducted a duly noticed continued public hearing on the application and concluded said hearing on that date. 13. 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 February 9, 2022, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to 150.79 acres located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue; and b. The land use, General Plan designation, and Zoning designation of the project site and surrounding properties are as follows: Land Use General Plan Zoning Site Vacant land Traditional Neighborhood Very Low (VL) Residential2,3 Low (L) Residentia12,3 Power line corridor General Open Space and Utility Corridor(UC) North Facilities Vacant land 1 ) Traditional Neighborhood Low(L) Residentia12 approved for or 269 269 lots) Cucamonga Valley Water General Open Space and South District CVWD facility Facilities Very Low (VL) Residential' Vacant land Neighborhood Center PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 3 Vacant land (SUBTT18908 Low(L) Residential2 East approved for 21 lots) Traditional Neighborhood Vacant land Very Low (VL) Residential2 West Single-family residences Suburban Neighborhood Low (L) Residential2 Very Low 1 - Etiwanda Specific Plan; 2— Etiwanda North Specific Plan; 3—the land use designations and zoning are divided by the Etiwanda Avenue Scarp of the Red Hill Fault Zone C. The application proposed to extend the life of Tentative Tract Map SUBTT16072, a proposed subdivision of 358 lots for single-family residential development, with a gross density of 2.38 dwelling units per acre. 3. California Environmental Quality Act Findings. a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff has considered the potential environmental impacts of the sixth one-year extension of time for Tentative Tract Map SUBTT16072 (the "Project"). City staff has also reviewed the Final Environmental Impact Report ("FEIR") prepared for Tentative Tract Map SUBTT16072 and certified by the City Council on June 16, 2007, including the impacts and mitigation measures identified therein. Based on that review, the City of Rancho Cucamonga Planning Department has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR. All potential environmental impacts associated with Tentative Tract Map SUBTT16072 and the sixth one-year extension of time for Tentative Tract Map SUBTT16072 are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. b. The Planning Commission has independently reviewed City staff's determination, and based upon the whole record before it, and its independent review and judgment, finds that that the Project, is not subject to further environmental review pursuant to the Guidelines because: (1) The Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior FEIR; and (2) All potential environmental impacts associated with Tentative Tract Map SUBTT16072 and the sixth one-year extension of time for Tentative Tract Map SUBTT16072 are adequately addressed by the prior FEIR, and the mitigation measures contained in the prior FEIR will reduce those impacts to a level that is less than significant. C. The custodian of records for the prior FEIR, and all other materials that constitute the record of proceedings upon which the Planning Commission determination is based, is the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 4 4. Findings for Denial of Extension of Time for Tentative Tract Map SUBTT16072. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed extension of time for Tentative Tract Map SUBTT16072 should be denied because (1) there is substantial evidence in the record that the applicant has not been diligent in processing the final map for Tentative Tract Map SUBTT16072 and (2) Tentative Tract Map SUBTT16072 is no longer consistent with the City of Rancho Cucamonga General Plan and the design or improvement of the proposed Tentative Tract Map SUBTT16072 is not consistent with the applicable provisions of the City of Rancho Cucamonga General Plan for the following reasons: (1) The previously approved Tentative Tract Map SUBTT16072 is not consistent with the current land use designation of Traditional Neighborhood and fails to meet relevant policies of the current General Plan, as summarized below and in the Planning Commission staff report dated January 26, 2022: a) Land Use Designation: The Traditional Neighborhood designation is intended promote traditional pedestrian-oriented neighborhood patterns using a mix of low and low-medium density residential. The development pattern is intended to conform to the natural terrain, using minimal grading in order to preserve the natural landforms of the hillside areas. Development patterns are also guided by strong access and connectivity, incorporating streets that are interconnected with a grid network and human-scaled walkable blocks. This is typically achieved by incorporating various pedestrian connections from neighborhood streets, providing bike lanes along collector streets, or by using well-designed streets that include landscape enhancements that define the public spaces. Following are requirements from the General Plan for the Traditional Neighborhood Designation: • "Lots, blocks, and streets conform to the natural terrain, minimizing grading and preserving natural landforms." Inconsistent: Tract 16072 plans for mass grading and the creation of large fill slopes along Wilson Avenue and East Avenue. • "Streets are highly interconnected with a grid network pattern and human- scale blocks." Inconsistent: Tract 16072 provides for extremely limited connection with just one connection on Wilson Avenue and one connection on East Avenue. The vast majority of the streets are dead ends (six cul-de-sacs in total), providing for the creation of three very large blocks. • "Open space is in the form of neighborhood parks for active and passive recreational use for all ages and other small open spaces such as plazas and squares at mixed-use and commercial areas." PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 5 Inconsistent: Tract 16072 provides no open space beyond landscaped slopes. No open space is provided in the form of neighborhood parks. Note that Tract 16072 is a component of a larger development concept that consolidates open space within a fault hazard zone, a trailhead, and an equestrian center. Open space is also not provided in the form of neighborhood parks as a part of the larger development concept b) General Plan Policies. The project fails to meet relevant policies of the General Plan as discussed in the following table. Applicable Policy Analysis LC-1.1 Complete Places. Ensure Neither Tract 16072 nor the larger that a broad range of recreational, Richland-Tracy-Chen development commercial, educational, arts, provides for easily accessible cultural, and civic amenities are amenities. Limited open space is nearby and easily accessible to anticipated, access is limited, and no residents and workers in each civic or commercial uses are neighborhood and each provided for available in the vicinity. employment district. LC-1.4 Connectivity and Mobility. Tract 16072 does not provide for a Work to complete a network of network of pedestrian friendly pedestrian- and bike-friendly streets. Streets primarily end in cul- streets and trails, designed in de-sacs, there are only two concert with adjacent land uses, connections outside of the Tract to the larger street network, and blocks are very long with indirect perimeters. LC-3.5 Efficient Growth. Manage While a current Fiscal Impact growth in a manner that is fiscally Analysis was not prepared (nor sustainable, paced with the would typically be required for a map availability of infrastructure, and extension), since this map was protects and/or enhances approved 18 years ago, the City has community value. Discourage found that large-lot single family growth and development that will development projects are typically impact the City. not fiscally sustainable as such projects tend to struggle to generate sufficient revenue to offset the corresponding increase in municipal services. LC-4.2 Complete Neighborhoods. Tract 16072 is designed as a limited Strive to ensure that all new access suburban residential neighborhoods, and infill subdivision. No services are in development within or adjacent to walking distance nor are any existing neighborhoods, are services proposed as part of this complete and well-structured such Tract. Tract 16072 is part of a larger that the physical layout, and land project that provides limited open use mix promote walking to space amenities generally clustered services, biking and transit use, within the fault hazard setback zone. and have the following Due to the large-block, limited PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 6 characteristics. access street and block network, • Be organized into human-scale, pedestrian and bicycle connectivity walkable blocks, with a high level of would be indirect. Tract 16072 is not connectivity for pedestrians, organized in relation to an activity bicycles, and vehicles. center. There are no goods and • Be organized in relation to one or services within walking distance of more focal activity centers, such as the site. Lot sizes are generally a park, school, civic building, or uniform with limited variability, neighborhood retail, such that most precluding diversity in housing types, homes are no further than one- sizes, or affordability. quarter mile. • Require development patterns such that 60 percent of dwelling units are within 1/2-mile walking distance to neighborhood goods and services. • Provide as wide a diversity of housing styles and types as possible, and appropriate to the existing neighborhood context. • Provide homes with entries and windows facing the street, with driveways and garages generally deemphasized in the streetscape composition. LC-4.3 Connected Neighborhoods. Tract 16072 does not make all Require that each new increment possible connections. It provides of residential development make just two connections to Wilson and all possible street, trail, and open East Avenues, providing far fewer space connections to existing connections than is appropriate for adjoining residential or commercial good pedestrian and public safety development and provide for future access. connections into any adjoining parcels. LC-4.4 Balanced Neighborhoods. Tract 16072 lot sizes are generally Within the density ranges and uniform with limited variability, housing types defined in this precluding diversity in housing General Plan, promote a range of types, sizes, or affordability that housing and price levels within would help accommodate diverse each neighborhood to ages and incomes. accommodate diverse ages and incomes. LC-4.5 Equitable Housing Tract 16072 lot sizes are generally Opportunities and Diversity of uniform with limited variability, Housing Types. Within the density precluding diversity in housing ranges and housing types defined types, sizes, or affordability that in this General Plan, promote a would help accommodate diverse diversity of land tenure ages and incomes. Based on opportunities to provide a range of proposed lots sizes, all units are PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 7 choices on the types of property expected to be for sale within a fairly estate available and ready access limited band of higher pricing. to an equitable array of opportunities at a variety of price points. For projects five acres or larger, require that diverse housing types be provided and intermixed rather than segregated by dwelling type. LC-4.6 Block Length. Require new Block lengths far exceed both the neighborhoods to be designed with 600-foot length and 1800 foot blocks no longer than 600 feet nor perimeter requirement. No mid- a perimeter exceeding 1,800 feet. block connections are provided. For Exceptions can be made if mid- example, if Tract 16072 were to block pedestrian and bicycle meet this standard, there would be connections are provided, or if the at least one additional connection neighborhood is on the edge of on Wilson Avenue and at least two town and is intended to have a rural additional connections on East or semi-rural design character Avenue. LC-4.7 Intersection Density. With only two connections to the Require new neighborhoods to surrounding street network and one provide high levels of intersection additional proposed connection to density. Neighborhood Center and future tracts, at 150 acres and under Semi-Rural Neighborhoods should the most permissive metric of 200 provide approximately 400 intersections per square mile, Tract intersections per square mile. map 16072 should have at least 46 Suburban Neighborhoods should intersections. Tract 16072 has provide at least 200 intersections twelve intersections. Tract 16072 per square mile. fails to meet the intersection density requirements. LC-4.12 Conventional Suburban Tract 16072 is a conventional Neighborhood Design. Discourage suburban design with long perimeter the construction of new residential walls, discontinuous cul-de-sac neighborhoods that are street patterns, long block lengths, characterized by sound walls on single building and housing types, any streets, discontinuous cul-de- and lack of walking or biking access sac street patterns, long block to parks, schools, goods, and lengths, single building and services and represents an housing types, and lack of walking approach that the General Plan or biking access to parks, schools, discourages. goods, and services. LC-4.13 Neighborhood Edges. Tract 16072 would not provide for Encourage neighborhood edges neighborhood edges along street along street corridors to be corridors with active frontages. The characterized by active frontages, neighborhood edges are whether single-family or multifamily characterized by long walls with residential, or by ground floor, landscaping without any midblock neighborhood-service non- access points. residential uses. Where this is not PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 8 possible due to existing development patterns or envisioned streetscape character, neighborhood edges shall be designed based on the following policies: • Strongly discourage the construction of new gated communities except in Semi-Rural Neighborhoods. • Allow the use of sound walls to buffer new neighborhoods from existing sources of noise pollution such as railroads and limited access roadways. Consider sound walls as sites for public art. • Prohibit the use of sound walls to buffer residential areas from arterial or collector streets. Instead design approaches such as building setbacks, landscaping and other techniques shall be used. • In the case where sound walls might be acceptable, require pedestrian access points to improve access from the Neighborhoods to nearby commercial, educational, and recreational amenities, activity centers and transit stops. • Discourage the use of signs to distinguish one residential project from another. Strive for neighborhoods to blend seamlessly into one another. If provided, gateways should be landmarks and urban design focal points, not advertisements for home builders. LC-6.2 Small Scale Centers. Neighborhood centers were always Support one or more very small- envisioned in the Etiwanda area in scale Centers on well-located previous General Plans and Specific under-developed parcels within Plans within or adjacent to this tract. walking, biking, or horseback riding Tract 16072 does not provide any distance of neighborhoods in Alta small-scale centers that would help Loma and Etiwanda. meet this policy and increase amenities in northern Etiwanda. OS-1.1 Equitable Access to Parks. Tract 16072's current design does Strive to ensure that at least one not provide open space or parks for PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 9 park or other public open space is new homes. While the broader plan within safe, comfortable walk from intends to use the existing fault zone homes and jobs, without crossing as open space, the cul-de-sac major streets except at signalized circulation and the lack of adequate crossings. Equitable access to pedestrian circulation throughout the parks should be determined based site will make it challenging to reach on the fundamental character of the common area without the use of the place (rural, suburban, urban) a car or without having to take a and corresponding transportation more circuitous route by walking. infrastructure. OS-1.5 Design for Safety. Require While Tract 16072 does not provide the use of Crime Prevention any open space, it is designed to Through Environmental Design abut an open space feature. The (CPTED) design techniques such homes proposed for this edge are as providing clear lines of sight, not designed with CPTED best appropriate lighting, and practices. Rather, the new homes wayfinding signs to ensure that would turn their backs to the open parks are safe and easy to space and not provide eyes on the navigate. space. OS-1.6 New Development. Ensure As discussed above Tract 16072 that new residential and does not provide open space. The nonresidential developments larger project does but not in a provide adequate on-site manner laid out in the General Plan. recreational and open space amenities consistent with applicable General Plan Designations, and the needs of new development. MA-2.3 Street Design. Implement Tract 16072 does not implement innovative street and intersection any innovative street and designs to maximize efficiency and intersection designs as required by safety in the city. Use traffic this policy. calming tools to assist in implementing complete street principles. Possible tools include roundabouts, curb extensions, high visibility crosswalks, and separated bicycle infrastructure MA-2.4 Street Connectivity. Tract 16072 does not provide Require connectivity and connectivity, accessibility, or a land accessibility to a mix of land uses use mix that would assist residents that meets residents' daily needs with meeting their daily needs within within walking distance. walking distance. MA-2.10 Block Pattern. Require Tract 16072 arranges streets in a development projects to arrange discontinuous cul-de-sac-based streets in an interconnected block block pattern that concentrates pattern, so that pedestrians, travel to two access points and is bicyclists, and drivers are not inconsistent with this policy. forced onto arterial streets for inter- PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 10 or intra- neighborhood travel. MA-5.1 Land Use Supporting While Tract 16072 was evaluated Reduced VMT. Work to reduce under CEQA prior to requirements VMT through land use planning, for evaluating VMT and no tract- enhanced transit access, localized specific analysis was prepared, the attractions, and access to non- City has found that traditional automotive modes. development patterns as envisioned and described by the General Plan can reduce VMT by up to 15% below VMT levels of conventional suburban designs such as Tract 16072. H-1.1 RHNA Requirement. Tract 16072 does not provide a Encourage the development of a meaningful range of housing types, wide range of housing options, options, or affordability. types, and prices that will enable the City to achieve its share of the RHNA. RC-1.6 Hillside Grading. Grading Tract 16072 relies on a mass of hillsides shall be minimized, grading approach and does not following natural landform to the follow the natural landform to any maximum extent possible. great degree, resulting in large fill Retaining walls shall be slopes on Wilson Avenue and East discouraged and if necessary Avenue. screened from view. S-3.2 Fire Protection Plans.All new Tract 16072 does not have a current development, redevelopment, and Fire Protection Plan that reflects major remodels in the WUIFA will current Fire District policies and require the preparation of Fire current best practices. Additionally, Protection Plans (FPPs) to reduce the 2014 Fire Protection Plan has fire threat, in accordance with Fire not been analyzed or updated District policies and procedures against State policies, requirements, or best practices. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 4 above, the Planning Commission hereby denies DRC2022-00020, a request for a sixth 1-year extension of time for Tentative Tract Map SUBTT16072. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman PLANNING COMMISSION RESOLUTION 22-04 TIME EXTENSION DRC2022-00020 (TENTATIVE MAP SUBTT16072) GOLDEN MEADOWLAND, LLC February 9, 2022 Page 11 ATTEST: Matthew R. Burris, AICP, LEED AP, Secretary I, Matthew R. Burris,AICP, LEED AP, 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 9th day of February 2022, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: