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HomeMy WebLinkAbout1999/02/03 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS l st and 3rd Wednesdays - 7:00 p.m. February 3,1999 (~,~ ~c Center Council Chambers 10500 Civic (".enter Drive Rancho Cucamonga, C^ 91730 City Councilmembers William J. Alexander, Mayor Diane Williams, Mro'or Pro Tem Paul Biane, Councihnember James V. Curalalo.. Councilmember Bob Dutton, Cou,cilmember Jack Lain, City Manager James L. Markman, C'ity Attorney Debra J. Adams, City Clerk City Office 477-2700 City Council Agenda February 3, 1999 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. A, CALL TO ORDER Pledge of Allegiance. Roll Call: Alexander .... Biane Curatalo ..... Dutton ...... and Wilhams ____ B. ANNOUNCEMENTS/PRESENTATIONS Recognition of the Rancho Cucamonga V.I.P. Club for their twenty years of service to the senior citizens of our community. C. COMMUNICATIONS FROM THE PUBLIC_ This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receiw; testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Minutes: ,January 6, 1999 (Dutton absent) January 14, 1999 (special meeting) January 19, 1999 (adjourned meeting) Approval of summary vacation of a shared access easement on the south side of Arrow Route west of White Oak Avenue. RESOLUTION NO. 99-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A SHARED ACCESS EASEMENT AT 10955 ARROW ROUTE - APN: 209-144-95 City Council Agenda February 3, 1999 2 Approval to purchase one (1) DARE vehicle from Exclusively Auto of Ontario, California, as the lowest responsible bidder in the amount of $19,556.63, to be funded from Account No. 1-41-445t - 7045. Approval of Map, Improvement Agreements, improvement Securities and Ordering the annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract 15814, located at the southwest corner of Highland and Rochester Avenues, submitted by Fieldstone Communities, Inc. RESOLUTION NO. 99-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAt_ TRACT MAP 15814, IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES RESOLUTION NO. 99-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 15814 Approval to accept the Rochester Storm Drai~l and Street Improvements atthe SCRRA Railroad Crossing and Eighth Street, Contract No. 97-056, as complete, release the bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $249,816.50. RESOLUTION NO. 99-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ROCHESTER AVENUE STORM DRAIN AND STREET IMPROVEMENTS AT THE SCRRA RAILROAD CROSSING AND EIGHTH STREET, CONTRACT NO. 97-056, AND AUTHORIZING ']-HE FILING OF A NOTICE OF COMPLETION FOR THE WORK 6 9 13 14 City Council Agenda February 3, 1999 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No items submitted. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDERATION OF ADOPTION OF LOCAL CEQA GUIDELINES - A request by the City of Rancho Cucamonga to adopt updated local environmental guidelines for the review of all development projects within the City of Rancho Cucamonga. Continued from January 20, 1999. RESOLUTION 99-024 A RESOLUTION OF: THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY AS AMENDED TO DATE AND SUPERSEDING CITY COUNCIL RESOLUTION NO. 81-195, AND MAKING FINDINGS IN SUPPORT THEREOF 15 16 HISTORIC POINT OF INTEREST DESIGNATION 98-01 CITY OF RANCHO CUCAMONGA - Consideration of a request to rescind Historic Landmark Designation 94-02, and redesignate as a Point of Interest, four craftsman bungalow residences located at 9618, 9626, 9634, and 9642 Foothill Boulevard - APN: 208-153-08 through 11. 138 City Council Agenda February 3, 1999 4 RESOLUTION NO. 99-025 A RESOLUTION OF THE CITY COUNCIl_ OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CHANGE FROM A LOCAL HISTORIC LANDMARK TO POINT OF INTEREST NO. 98-01 FOR FOUR HOUSES, LOCATED AT 9618, 9626, 9634 AND 9642 FOOTHILL BOULEVARD - APN: 208-153- 08 THROUGH 11 154 The following requirements. testimony. G. PUBLIC HEARINGS items have no legal publication or posting The Chair will open the meeting to receive public No items submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No iterns submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. CONSIDERATION TO AUTHORIZE THE RECRUITMENT OF PLANNING CONSULTANT(S) FOR THE DEVELOPMENT OF A REVISED GENERAL PLAN AND ACCOMPANYING ENVIRONMENTAL IMPACT REPORT (EIR) 156 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. City Council Agenda February 3, 1999 K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATIONS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT ROCHESTER, BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE; JERRY FULWOOD, DEPUTY CITY MANAGER, NEGOTIATING PARTY, REGARDING TERMS OF PAYMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 28, 1999, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. January 6, 1999 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES _Reqular MeetirLq CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 6, 1999, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:02 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Cu~atalo, Diane Williams, and Mayor William J. Alexander. Also present were: Jerry B. Fulwood, Deputy City Manager; James Markman, City Attorney; Linda Daniels, RDA Director; Mitch Slagerman, Sr. RDA Analyst; Jan Reynolds, RDA Analyst; Rick Gomez, Community Development Director; Brad Buller, City Planner; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Cornmunity Services Director; Dave Moore, Recreation Superintendent; Paula Pachon, Management Analyst II; Deborah Clark, Library Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; Lt. Dave Lau, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. Absent was: Councilmember Bob Dutton. Mayor Alexander announced that Mr. Dutton and Mr. Lam were in Sacramento for a meeting and would not be at the meeting tonight. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a check for $10,000 from the Friends of the Rancho Cucamonga Public Library. Paul Williams presented the City a check in t~e amount of $10,000 from the Friends of the Library. B2. Presentation of a Proclamation recognizir~g the Friends of the Library for donating $200,000 for library materials and programs since 1995. Mayor Alexander presented a Proclamation to Paul Williams and the Friends of the Library. B3. Presentation of a Proclamation to Inland Valley Daily Bulletin, congratulating them on their 1998 CALTAC Award for media support to public libraries and to the Library Telethon. City Council Minutes January 6, 1999 Page 2 Mayor Alexander presented a Proclamation to Mike Ferguson. Mike Ferguson also recognized Jackie Amsler for her efforts with this. Mayor Alexander stated March 19, 20 and 21 are the dates of the next Library Telethon. C. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. D. CONSENTCALENDAR D1. Approval of Minutes: November 18, 1998 December 2, 1998 (Curatalo absent) December 16, 1998 (Special Meeting) December 16, 1998 D2. Approval of Warrants, Register Nos. 12~9~98 and t 2il 6~98 and Payroll ending 12/10~98 for the total amount of $2,205,033.73. D3. Approval of Alcoholic Beverage Application for On.Sate Beer and Wine for Arrow Dell, Brian B. & Christine K. Woo, 10970 Arrow Rte, #101. D4. Approval of Alcoholic Beverage Application for Off-Sale Beer and Wine for Rod's Texaco, Alifuad Abood Hussain, 8166 Foothill Blvd. D5. Approval of request for waiver of Epicenter Rental Fees for the School Bus Roadeo to be held on April 16 & 17, 1999. D6. Approval of a Resolution autr~orizing the destruction of City records pursuant to the City's Records Retention Schedule. RESOLUTION NO. 99-001 A RESOLUTION OF THE CI-[Y COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES D7. Approval of a Resolution providing the City Eng,neer with authority to execute all right-of-way certifications required for Federally-funded projects or projects within State Right-of-Way. City Council Minutes January 6, 1999 Page 3 RESOLUTION NO. 99-002 A RESOLUTION OF THE CI-fY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING THE CITY ENGINEER WITH AUTHORITY TO EXECUTE ALL RIGHT-OF-WAY CERTIFICATIONS D8. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for' D.R. 98-04, located on the northeast corner of Base Line Road and Archibald Avenue, submitted by Retail Holdings, L.LC. RESOLUTION NO. 99-003 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR D.R. 98-04 (APN: 1076-191-09) D9. Approval of Improvement Agreement and Improvement Security for Tract 14380, located on the noah ,.side of Wilson Avenue west of Etiwanda Avenue, submitted by Mastercraft Homes and General Electric Capital Corporation, and release of previously submitted Improvement Agreement and Improvement Security accepted by City Council on November 6, 1991, from Watt Inland Empire, Inc. RESOLUTION NO 99-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENTAGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NUMBER 14380 D10. Approval of Professional Service Contract (CO 99-001) for Plan Check service with Aufbau Corporation. D11. Approval to appropriate $26,757.80 from the fund balance of Fund 22 to be placed into Account No. 22-4637-9817, approve the award and authorize the execution of the Contract (CO 99-002) for the construction of traffic signals and safety lighting at three intersections, to Computer Service Company in the amount of $424,468.00 ($385,880.00 plus 10%) to be funded from Transportation Development Fees from the following Account Numbers: $125,728.90 from 22-4637-9816 (signal at Rochester and Victoria Park Lane); $166,757.80 from 22-4637-9817 (signal at Highland and Carnelian); and $131,981.30 from 22-4637- 9818 (,signal at Rochester and Vintage). D12. Approval to appropriate funds received from California Department of Aging Grant in the amount of $3,000 for Senior Citizen Outreach Services (CO 99-003) for FY 1998-99. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 4-0-1 (Dutton absent). City Council Minutes January 6, 1999 Page 4 El. EXTENSIONS - CITY OF RANCHO CUCAMONG_A E. CONSENT ORDINANCES CONSIDERATION OF CODE AMENDMENTS REGARDING GRADING REVIEW AND TIME ORDINANCE NO. 594 (second reading) AN ORDINANCE OF THE! CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAI..IFORNIA, AMENDING TITLE 15, CHAPTER 15.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING REVIEW OF GRADING PLANS AND SPECIFICATIONS ORDINANCE NO. 59!5 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE EXTENSION OF SUBDIVISION MAPS ORDINANCE NO. 596 (second reading) AN ORDINANCE OF THE:; CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 98-01, AMENDING SECTION 17.02.100 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, REGARDING LAPSE OF APPROVALS AND EXTENSIONS MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance Nos. 594, 595 and 596. Motion carried unanimously, 4-0-1 (Dutton absent). F. ADVERTISED PUBLIC HEARINGS Fl. DEVELOPMENT CODE AMENDMENT 98-02 - CiTY OF RANCHO CUCAMONGA - A request to amend the regulations for second dwelling units. Staff report presented by Rudy Zeledon, Assistant Planner. Councilmember Biane asked why this process was started. Rudy Zeledon, Assistant Planner, stated it is to increase the living space allowable on older homes especially to allow for second residences on property'. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 594,595 and 596. City Council Minutes January 6, 1999 Page 5 ORDINANCE NO. 597 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT NO. 98-02, AMENDING SECTION 17.08.030, PERTAINING TO SECOND DWELLING UNITS REGULATIONS, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Curatalo to waive full reading and set second reading of ordinance No. 597 for January 20, 1999. Motion carried unanimously, 4-0-1 (Dutton absent). No Items Submitted. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. CONSIDERATION AND DISCUSSION OF THE PARK AND RECREATION COMMISSION'S RECOMMENDATION RELATING TO PARKING AT WEST BERYL PARK Staff report presented by Dave Moore, Recreation Superir~tendent. Mayor Alexander opened the meeting for public input. There being no response, the public comments were closed. Councilmember Williams felt there should be an educatior'; program with fliers at the parks about the "jay- walking" problem and that it is not safe. She stated she is anxious to see what the signal will do. ACTION: Council concurred to accept the recommendation of the Park and Recreation Commission. 12. REPORT ON DOG BITE INCIDENT (~. VINEYARD JUNIOR HIGH SCHOOL Staff report presented by Rodney Hoops, Police Chk:f. ACTION: Report received and filed J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. City Council Minutes Januaw 6, 1999 Page 6 K. COMMUNICATIONS FROM THE PUBLIC K1. CONSIDERATION OF REQUEST BY HILLSIDE COMMUNITY CHURCH TO WAIVE FEES FOR SOAPBOX CLASSIC TO BE HELD MAY 31, 1999, AT THE EPICENTER SPORTS COMPLEX. Mayor Alexander stated it has been requested that this item go to the Park and Recreation Facilities Subcommittee for consideration before the entire Council discusses it. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Curatalo to adjourn to executive session to discuss Property Negotiations Per Government Code Section 54956.8 for property located on Etiwanda Avenue and Victoria Avenue; Brad Bullet, City Planner, Negotiating Party, regarding Terms of Agreement. Motion carried unanimously, 4-0-1 (Dutton absent). The meeting adjourned at 7:41 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: ** January 14, 1999 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meetiri~ A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Thursday, January 14, 1999, in the City Hall Training Room, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 9:05 a.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present was: Jack Lain, City Manager ITEM OF BUSINESS 1. TEAM BUILDING EXERCISE The team building exercise was facihtated by' Bill L. ewis of Lewis Partners. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. ADJOURNMENT The meeting adjourned to Tuesday, January 19, 1999, 9:0b a.m. in the City Hall Training Room of the Civic Cente~', located at 10500 Civic Center Drive Rancho Cucamonga, California, for a goal setting exercise. The meeting adjourned at 2:25 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * January 19,1999 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES A__diourned Meeting A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Tuesday, January 19, 1999, in the City Hall Training Room, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 9:00 a.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present was: Jack Lam, City Manager; Jerry B. Fulwood, Deputy City Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; Linda Daniels, Redevelopment Agency Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bull Makshanoff, Building Official; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Kevin McArdle, Community Services Director; Deborah Clark, Library Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ITEM OF BUSINESS 1. GOAL SETTING EXERCISE The goal setting exercise was led by Bill Lewis of Lewis Partners. Council and City Staff. This exercise included input by City C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. The meeting adjourned at 3:25 p.m. Respectfully submitted, D. ADJOURNMENT Debra J. Adams, CMC City Clerk Approved: * CITY OF R ANC} 10 CU:CAMONG:\ STAFF R.E PORT DATE: TO: FROM: BY: SUBJECT: February 3, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Maria E. Perez, Assistant Engineer SUMMARY VACATION OF A SHARED ACCESS EASEMENT ON THE SOUTH SIDE OF ARROW ROUTE WEST OF WHITE OAK AVENUE RECOMMENDATION Staff recommends that the City council adopt the attached resolution ordering the summary vacation of the shared access easement. BACKGROUND/ANALYSIS On August 23, 1988, the City Planner approved Minor Development Review 88-19, submitted by Garcia and Associated As a condition of approval the applicant was required to reserve a shared access for the parcel to the west fronting Arrow Route. This condition was placed to allow for the development of both parcels in conformance with the City adopted driveway policy. An easement for shared access was recorded June 24, 1989. The parcel to the west has subsequently developed independent of the intended shared access and the easement is no longer necessary. On June 24, 1998, the Planning Commission determined the vacation to be in conformance with the General Plan and recommended the vacation occur. Section 8333.a of the Streets and Highways Code states local agencies may summarily vacate a public easement if said easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. R~a~/tfidly submitted, City Engineer WJO: mep Attachments: Vicinity Map Resolution V-158 Map CITY OF RANCHO CUCAMON(~A ENGINF, F, RING DIVISION ITEM: TITLE: EXHIBIT: V- lSB VICINITY IIAI! ARROW ROUTE CITY OF RANCHO CUCAMONGA ENGINEERINi] DIVlSION ITEM: TITLE: EXHIBIT: v-l~ ~hared Access Vacation KESOLUTION NO. ~ ~-- 0~0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A SHARED ACCESS EASEMENT AT 10955 ARROW ROUTE - APN 209-144-95 WHEREAS, by Chapter 4, Articlel, Section 81333, of the Streets and ttighways code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate the shared access easement recorded on parcel I of parcel map 6911 by separate document number 89-026602; and WHEREAS, the City Council found by all the evidence submitted the said shared access easement is no longer necessary due to subsequent development of the adjacent parcel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The City Council hereby finds by all the evidence submitted the shared access easement on 10955 Arrow Route is unnecessary for present of prospective public street purposes, and the City Council hereby makes its order vacating said shared access easement as shown on Map V-158 on file in the Office of the City Clerk of the City of Rancho Cucamonga, which is further described as: All portions of an easement for shared access as described in an instrument recorded January 24, 1989 as document number 89-026602 of the County of San Bernardino, State o17 California. SECTION 2: The vacation shall be subject to the reservations and exceptions, if any, for existing utilities. SECTION 3: The City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County R. ecorder of San Bernardino County, California. SECTION 4: The Clerk shall certify to the passage and adoption of this resolution and it shall thereupon take effect and be in force. DATE: TO: FROM: BY: February 3, 1999 Mayor and Members of the ('i~x' ('ounc i l Jack Lain, A1CI), (.'it>' Manager Rodney [loops, Police Captain', Dawn Iladdon. Jr. Bttvcr SUBJECT: APPROVAL TO I'URCHASE ONE (1) DARE VEHICLE FROM EXCLUSIVELY AUTO OF ONTARIO, CALIFORNIA, AS THE LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $19,556.63 TO BE FUNDED FROM ACCOUNT 1-41-4451-7045. RECOMMENDATION Purchasing recommends that the City (,'c'mncii autlaorizc the purchase of one (l) Vehicle fi'om Exclusively Auto in Ontario, ('alilbmia. I:i:xclusivelv/\uto is the lowest responsible bidder. BAC KGROUND/AN AL ~ S i S After the completion, approwd and receipt of a block grant. the Police department identified the need for a vehicle for the I)AP, I~ p:rogran~. Nlee~ing. the block requirements lbr appropriate fund expenditure, it was determined this vehicle wouM be a positive addition to the DARE program. Purchasing proceeded with the appropriate request for quote. including posting to the City's Web site. After analysis of the quotes. I.ixclusix el', ,.~.tm) was selected as the lowest responsible bidder._ Re~lly submitted, vtoc~ney/jnoops Policefaptain :dkh -' CITY Ol: RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY SUBJECT: February 3, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF MAP, IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 15814, LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AND ROCHESTER AVENUES, SUBMITTED BY FIELDSTONE COMMUNITIES, INC. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tract Map 15814, accepting the Improvement Agreements, hnprovement Securities, ordering the annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. ! and 3, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract 15814, located at the southwest comer of Highland and Rochester Avenues, in the Low Medium District within the Victoria Vineyards of the Victoria Community Plan, was approved by the Planning Commission on June 24, 1998, for the division of 40 acres of !and into 191 lots. The [)eveloper, Fieldstone Communities, Inc., is submitting Improvement Agreements and Improvement Securities to guarantee the construction of the public improvements in the following amounts: PUBLIC IMPROVEMENTS Perimeter Lots I - 114 Lots 115-191 (Highland. Lark, Roch~ter) Faithful Performance $836,000 Labor and Material $418,000 Monumentation Cash Bond: $3,355~ $868,000. $1,240,000. $434,000 $ 620,000. CITY COUNCIL STAFF REPORT TRACT 15814 - FIELDSTONE CO~MMUNIT[ES, INC. Februm"y 3, 1999 Page 2 FUTURE UNDERGROUNDING ON HIGItLAND AVENUE Faithful Performance Labor and Material $158,400.00 $ 79,200.00 The other set of Improvement Agreement and Security is for the future undergrounding of the existing overhead utilities on the north side of Highland Avenue to be done at the time of Caltrans Route 30 improvements. Copies of the agreements and securities are available in the City Clerk's office. A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the city Clerk's office. Respectfully Submitted, m J. O Nell City Engineer WJO:WV:dlw Attachments '7 RESOLUTION' NO. q q- ~o,~ / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 15814 IMPROVEMENT AGREEMENTS AND IMPROVEMENT SECURITIES WHEREAS, the Tentative Map of Tract No. 15814, submitted by Fieldstone Communities, Inc. and consisting of 191 lots, was approved by the Planning Commission of the City of Rancho Cucamonga on June 24, 1998, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act~ and WHEREAS, Tract Map No. 15814 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreements guaranteed by acceptable Improvement Securities by Fieldstone Communities, Inc., as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreements and said Improvement Securities submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreements on behalfofthe City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication and the final map delineating the same for said Tract Map No. 15814 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 15814 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 2, Street Lighting Maintenance District No. I and Street Lighting Maintenance District No. 3 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT "A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. ~2 STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 3 .:,. CITY OF RANCHO CUCAMONGA ~'""~'". ~"~'~ · COUNTY OF SAN BERNARDINO ~~..~ STATE OF CALIFORNIA 7'/~ EXHIBIT "B" WORK PROGRAM PROJECT: TRACT 15514 STREET LIGHTS: Dist. 5800L SI --- S3 58 NUMBER OF LAMPS 9500L ! 6,000L 22,000L 27,500L 14 .......... LANDSCAPING: Community Equestrian Trail Dist. DG.S.F. L2 Turf Non-Turf S.F. S.F. --- 40,632 ASSESSMENT UNITS: Assessment Units By District Parcel DU S I S3 L2 N/A 191 191 191 191 Trees Ea. 365 Annexation Date: February 3, 1999 // FUTURE ROUTE 30 m m ,mm mere m m emro m HIGHLAND AVE. BASELINE ROAD Z FOOTHILL BOULEVARD LARK DR. PROJECT > < ~'~' SITE CITY OF RANCHO CUCAMONGA ENGIN~,k'm_rMG DIVISION N t,f CITY O}: RANClIO CUCAMONGA STAFF REPORT DATE,: February 3, 1999 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROIVI: BY: William J. O'Neil, City Engineer Lucinda E. Hackett, Associate Enginee i,,,k~ Michael D. Long, Supervising Publiar s Inspector.,w.e,a" SUBJECT: ACCEPT THE ROCHESTER AVENUE STORM DRAIN AND STREET IMPROVEMENTS AT THE SCRRA RAILROAD CROSSING AND EIGIfTH STREET, CONTRACT NO. 97-056, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $249,816.50 RECOMMENDATION: It is recommended that City Council accept the Rochester Avenue Storm Drain and Street Improvements at the SCRRA Railroad Crossing and Eighth Street, Contract No. 97-056, as complete, authorize the City Engineer to file a Notice of Completion, and retain the Faithful Performance in the amount of $263,621.59 to be used as the Maintenance Bond and authorize the release: of the Labor and Materials Bond in the amount of $263,621.59 six months after the recordation of said Notice if no claims have been received. Also, authorize the release of the retention in the amount of $24,981.65, 35 days after the approval of the final contract amount of $249,8:i 6.50. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $249,816.50, which includes three contract change orders in the amount of $8,835;.00, for the reconstruction of additional landscaping, "K" rails, and the reconstruction of irrigation items. The original amount approved by Council was $263,621.59. Respectfully submitted, Willi'Zi.m J. O Nell City Engineer WJO:~vlDL:Is RESOLUTION NO. q q- 0o~3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ROCHESTER AVENUE STORM DRAIN AND STREET IMPROVEMENTS AT THE SCRRA RAILROAD CROSSING AND EIGHTtt STREET, CONTRACT NO. 9%056, AND AUTHORIZING 'FHE FILING OF A NOTICE OF COMPLETION FOR TttE WORK WHEREAS, the construction of public improvements for the Rochester Avenue Storm Drain and Street Improvements at the SCRRA Railroad Crossing and Eighth Street, Contract No. 97-056, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. /q DATE' TO: CI'I"Y ()1" IL,'\NCI'I() Ci.ICAM()N(~A -- STAFF REPORT February 3, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Salvador M. Salazar, AICP, Associate Planner S U BJ ECT: ADOPTION OF LOCAL CEQA GUIDELINES- A request by the City of Rancho Cucamonga to adopt updated local environmental guidelines for the review of all development projects within the City of Rancho Cucamonga. RECOMMENDATION Approw~l by resolution of the attached guidelines adopting procedures implementing the California Environmental Quality Act and the Guidelines of the Secretary for the Resources Agency as amended to date, and as unanimously recommended by the Planning Commission and Staff. BACKGROUND On January 20, 1999, the City Council continued this item to the February 3, 1999 regular City Council meeting because there was an error in the publication of this project and additional time was needed to re-advertise. ANALYSIS The State of California has enacted the California Environmental Quality Act (CEQA) to provide decision makers useful information on how government actions affect the environment. The State Guidelines only provide basic criteria and direction which require local agencies to prepare and adopt additional guidelines for environmental processing within its boundaries. It is for this reason that Staff has prepared the procedures for implementing the California Environmental Quality Act (Local CEQA Guidelines). Details concerning these guidelines are attached (Exhibit "A") for your review. ENVIRONMENTAL ASSESSMENT The project is categorically exempt under, Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment) of the Guidelines for the California Environmental Quality Act~ CORRESPONDENCE The adoption of the Local CEQA Guidelines was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. City Planner BB:SS/Is Attachrnents: Exhibit "A" - Local CEQA Guidelines Resolution of Approval /.5 RESOLUTION NO. q O 2. q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RECOMMENDING ADOPTION OF PROCEDURES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND THE GUIDELINES OF THE SECRETARY FOR THE RESOURCES AGENCY AS AMENDED TO DATE AND SUPERSEDING CITY COUNCIL RESOLUTION NO. 81-195, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has filed an application for the adoption of Local Environmental Guidelines, as described in the title of this Resolution. Hereinafter in this Resolution, the subject adoption of the Local CEQA Guidelines is referred to as "the application." :2. On December 9, 1998, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On January 20, and continued to February 3, 1999, the City Council conducted a duly noticed public hearing on the application and concluded said hearing on the latter date. ,4. Adoption of the referenced Local CEQA Guidelines will supersede City Council Resolution No. 81-195, which adopted the previous CEQA Guidelines. 5. All legal prerequisites 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. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council, including minutes of the public hearing by the Planning Commission on December 9, 1998, written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: a. The Local CEQA Guidelines apply to all Development projects within the City; and environment. The proposed Local CEQA Guidelines will not have a significant impact on the 3. Based upon 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 abow~, this Council hereby finds and concludes as follows: a. The proposed Local CEQA Guidelines do not conflict with the Land Use Policies of the General Plan; and b The Guidelines promote the goals and objectives of the Development Code; and CITY COUNCIL RESOLUTION NO. ADOPTION OF LOCAL CEQA GUIDELINES February 3, 1999 Page 2 c. The proposed Local CEQA Guidelines will not be detrimental to the public health, safety', or welfare or materially injurious to properties or improvements in the vicinity; and d. The proposed Local CEQA Guidelines are consistent with the objectives the Development Code; and are in conformance with the General Plan. 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as amended and the guidelines promulgated thereunder, as the adoption of Local CEQA Guidelines are exempt under CEQA, per ArticlE; 19, Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code. the City Council of the City of Rancho Cucamonga hereby approves the attached resolution adopting procedures implementing the California Environmental Quality Act, and the Guidelines of the Secretary for the Resources Agency as amended to date. 6. The Mayor shall certify to the adoption of this Resolution. /7 EIV V/R OIVMEIV TA L ~ LI/DEL /IVES C OII/IMUNI T Y DE VEL OPtl/IEN T DEPARTMEIVT A. USE .............................................................................................................................................1 B. DEFhN?TIONS. .............................................................................................................................1 C. F.XEMPTIONS FROM CEQ.4 ........................................................................................................6 D. APPLICATlON OF CEQz'I To DISC2~ EY?O,N~'~R Y PROJEC?~ ......................................................... 7 E. SUBMISSIONOFDAZ'~ BY.dPPLICANT. .......................................................................................7 F. FEES .........................................................................................................................................7 II. RESPONSIBILITY FOR REVIEW AND PREPARA T/ON OF ENVIRONMENTAL DOCUMENTS .................................................... ~'0 A. GENERAL ............................................................................................................................... B. RESPONSIBILITYES ................................................................................................................. C CEQ_d TRMIN1NG ................................................................................................................... D. RESPONSIBILITY FOR PREPARA TION OF C)]?QM DOCUMENTS ............................................... 21 E. DES1GNA TION OF LI:'AD DEPAR?MENT, .............................................................................. III. INITIAL EVALUA T/ON OF PROJECTS ...................................... A. ,dPPi,IC~tBILI73-'. .....................................................................................................................2'2 B. ~tPPl.lCATIONPRE-SUBMIT1ML CONF~,RE,\'Ct!' ......................................................................12 C. APPLICATIONREQUIREMENTS ............................................................................................. n. ~ PPL1CA TION PR~;SSING ....................................................................................................12 E. DETERMINING 1F ~PPLICA770NS ARE COMPL[~; /~ ................................................................. 12 IV. THE PRELIMINARY REVIEW PROCESS .................................... ~4 A. PRE-APPL/C~T/ONC~ONSULT~TK.~N .......................................................................................14 B. RECE1PTOFAPPLICFlTION ....................................................................................................14 C DETERM1N~ TION O~ EXEMPTION. .......................................................................................~4 D. ]NIWAL ST~DY~ ....................................................................................................................... V. THE (MITIGA TED) NE(;A TIVE DECLARA T/ON PROCESS ......... ~t. DECISIONTOPREPARE /I NEGA?YVE DE(.'LARATIONORMITIGATED NEGATIVE DECLAR,d TION ...............................................................................................................................18 B. CONTENTS ..............................................................................................................................J8 C PUBLIC NOTICE .....................................................................................................................19 D. PUBldCREVIEW. .................................................................................................................20 E. REWEI,t;'BYOTHER PUBLlCAGENCIIZ,!,' ................................................................................20 F. STM TE C'LEARINGttOUSE REVZlEIW'OF PROIECT.',; ....................................................................20 G. CONTENTS OF NOTICE OF [NTEN 1'. .......................................................................................21 H. F1N.dL /tPPROVAL/[:INDING ..............................................................................................~1 [. APPEAL OF FINML APPROVAI~ ................................................................................................,72 jr..~N~7ICE OF DETERMINA T/ON, ..............................................................................................23 K. TIME LIMIT. ............................................................................................................................23 L. MITIGATION MONITORING .....................................................................................................24 M. ~tDDENDA OR SUBSEQUENTDOX,'LS~/It!'\,'T& ............................................................................24 THE EIR PROCESS .................................................................... 25 A. DEC/S/ON TO PR EPA R E/t ,N' EIR ...........................................................................................25 B. C'ONSUl,TANTSELEf'TION. ....................................................................................................25 Vl. C PREPARATIONOFTHEDRAFTEIR ......................................................................................... 27 D. PUBLICREVIEWOFDRAFTEIR ............................................................................................. 34 E. £VALUATIONOFCOMMENTS BY ?tfE LEAD AGENCY. ......................................................... 37 F. THE FINAL EIR ........................................................................................................................ G. DECISION WHETHER TO APPROVE OR CARRY OUTTHE PROJECT. ....................................... 38 H. FINDINGS .................................................................................................................................38 L $TATEMENT OF OVERRIDING CONSI£)£RA T/ON& .................................................................. 39 J. APPEAL OF FINAL APPROI/5~L ................................................................................................. 3'9 K. NOTICE OFDETERMINATION. ................................................................................................. 40 L. MITIGA TION MONITORING .................................................................................................... VII. SUBSEQUENT ENVIRONMENTAL DOCUMENTS REQUIRED AFTER CERTIFICA T/ON OR APPROVAL OF ORIGINAL DOCUMENTS ....................... ............................................................42 A. SUBSEQUENT EIRs AND (MITIGA TED) NI:GA T/VE DECLARATIONS .................................... 42 B. ADDENDUM TO AN EIR OR fMIT/GA TEDJ NEG.~ TIVE DECLARATION ................................ 43 C. SUPPLEMENT7OAN EIR ........................................................................................................43 D. USEOFMASTTR EIRSFORREVIEWO,VS~,BSE¢~UENTPROJECTS .......................................... ~4 VIII. MITIGA T/ON MONITORING .................................................... 45 A. PROGRAM TO ENSURE COMPLIANCE ..................................................................................... 45 B. MEASURESREQUESTEDBYSTATEANDf:EDE~!ALAGENCIES ............................................ 45 C. PRO]ECTS OF STA TEW1D£; REGlO?~541 OR AREA WIDE CONCERN. ........................................ 45 D. FEES ........................................................................................................................................45 IX. PROCEDURES FOR THE CITY AS A RESPONSIBLE AGENCY.46 A. GENERAL .................................................................................................................................46 B. RESPONSE TOCONSULTA770N~ ............................................................................................... 46 C MEETINGS .................................................................................................................................46 D. COMMENTSONDRA?TEIRSANI~NEG/i?IVEDECLARATIONS ........................................... 46 E. NOTICE OF DETERMLYATION. ............................................................................................. 46 X, APPEAL PROCESS. ...................... .............................................. 47 A. GENERAL .............................................................................................................................47 B. APPLICABLE APPEAL BODIES ............................................................................................... 47 C APPEALS OF EXEMPTIOA5 ..................................................................................................... 47 D. APPEA1.S OF A DETERMINA TION THA '/'/:t /)REVIOUS ENVIRONMENTAL DOCUMENT IS ADEQUATE ......................................................................................................................................47 E. A PPEA L S OF (MIT1GA TEl)) NEGA 77 l,'/!; D~ CL? bi~ A TIONS ....................................................... 48 F. PR(K;ESSING APPEA 1 S ........................................................................................................... 48 XI. SEVERABILITY. ........................... ..............................................49 XII. APPENDICES .......................................................................... 50 APPENDIX A - CEQA FLOWCHART. ............................................................................................50 APPENDIX B- TIME L1MI7S FOR APPROVAl (W' PRI~ A TE DEVELOPMENT PRO/ECTS ................. 50 APPE,¥D1X C'- SIGNIFICANT£FFECTS ...........................................................................................50 APPENDIX D- PROJECTS OF STATE W/D£', REGIONAL, ORAREA WIDE SIGNIt:ICANCE ................ 50 APPENDIX E- LIST OF (~A TEGORICAL EX t~ ~IP710N5 ....................................................................50 APPENDIX ~F- STA TU7DR Y EX EMPTIO NS'. .....................................................................................50 APPENDIX G- ENVIRONMENTAL INFORM,~t 770N.~>RM (INI77AL STUDY, PART I) ...................... APPENDIX G, A TTACHMENTA . ~/A 7'ER Ii,~SAGE AND SEV/ER FLOPFS ........................................ 50 APPENDIX G, A 7*FACHMENT B- LOCAL SC'HOOL DL$TRICTS ......................................................... APPENDIX G, ATTACHMENT. HA ZARDOU$ I,[/AST£ ~ ND SUBSTANCE SITES .............................. 50 APPENDIX H- COMPLETENESS LETTER AND ~OMMENTS ........................................................... APPENDIX [- ENVIRONMENT;4L CHECKLIST FORM fINITIAL STUDYPARTIIJ ............................ APPENDIX J- MITIGATION MONI7DRL'h~G (?HECKLIST (INITIAL STUDY PART IIIJ .......................... APPENDIX J, A TTA CHMENT- M[TIGATlON ~440NITORING AND REPOR 77NG FORM ...................... APPENDIX K- NOTICE OF EXEMPTION. .......................................................................................... 50 APPENDIX L - NEGATIVE DECLARATION ...................................................................................... APPENDIX M. NOTICE OF INTENT TO AD(PPT a~EG/i :~TVE DECLARATION ................................. 50 APPENDIX N- NOTICE OF PR EPA RA T/ON ...................................................................................... 5 0 APPENDIX O- NOTICE OF COMPLETION ........................................................................................ 50 APPENDIX iv- NO77CE OF A V,4 [LA BIL [TY ]i,N I./IRON.tdENTA L [MPACT REPORT .......................... APPENDIX Q- NOTICE OE DETERMINA TIO,~' ................................................................................ APPENDIX R - ARCHA EOLOGICAL IMI'A CT.'.: .................................................................................. I, G~N£RAL These Guidelines set forth the procedures, which shall be used by the City of Rancho Cucamonga in the implementation of the California Environmental Quality Act of 1970 (CEQA), as amended. They are based on the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (CEQA), and the State CEQA Guidelines promulgated by the Resources Agency as amended, which are incorporated herein by reference, and which should be referred to whenever additional detail or clarification is necessary. Appendices A and B to these Guidelines contain flowcharts that illustrate the procedures set forth in the State CEQA Guidelines. If there is any conflict between those Appendices and the text of these Guidelines or the State Guidelines, the text controls. The following definitions are intended to clarify and supplement, but not replace or negate the definitions contained in Article 20 of the State Guidelines. In the event of inconsistency, the State Guidelines shall control. Approval - A decision made by the City Planner, Planning Commission, or City Council as the appropriate decision-making body which determines a particular course of action for a project. For public projects, approval usually occurs on the date when public expenditures are authorized for acquisition of property. If no public funds are involved for the project, then approval occurs on the date when the City authorizes the project. Approval shall occur once the appeal period has been exhausted. Advisory Body - The public body or administrative official or designated staff of the City of Rancho Cucamonga permitted by State Law or City Ordinance or Resolution to consider and make recommendations on a specific type of project. City - The City of Rancho Cucamonga acting by and through its officers, department, commissioners, agencies, and authorized staff. 4. Council - The City Council of the City of Rancho Cucamonga County Clerk - The County Clerk of the County of San Bernardino. All filing and other duties of the County Clerk as set forth in these procedures are to be performed bv the Clerk of the San Bernardino County Board of Supervisors. Cumulative Impacts - Refers to individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be impacts resulting from 10. 11. 12. 13. 14. 15. a single project or a number of projects; past, current, and future. A discussion of cumulative impacts often includes a list of projects producing related impacts, a summary of expected effects of these projects, and an analysis of the cumulative impacts of relevant projects. Decision-Making Body - Any public body or administrative official or designated staff of the City of Rancho Cucamonga permitted by State Law or City Ordinance or Resolution to consider and approve or conditionally approve or disapprove a specific project. Department - Generally refers to the Community Development Department, but also means any agency of the City of Rancho Cucamonga, any division of any agency, any department of the City of Rancho Cucamonga not included within one of its agencies, or any special district governed by the Rancho Cucamonga City Council Discretionary Project - A project which requires the exercise of judgement, deliberation, or decision on the part of a public agency or body in the process of approving or disapproving a particular activity, as distinguished from "ministerial" decisions which require the public agency or body merely to ascertain compliance with applicable statutes, ordinances, or regulations. A project having both ministerial and discretionary elements is deemed discretionary. Environmental Impact Report - (EIR) A detailed statement setting forth the environmental effects and considerations pertaining to a project as specified in Section 21100 of CEQA, and may refer to either a draft or a final EIR, prepared pursuant to Section VI of these Guidelines. Initial Study - A preliminary analysis prepared by a Lead Agency pursuant to Section IV. D of these Guidelines to determine whether an EIR or a (Mitigated) Negative Declaration shall be prepared. Jurisdiction by Law - Lawful authority exercised by any public agency over the resources, which may be affected by a project, and includes a city, county or other jurisdiction, which is the site of the project. Lead Agency - The lead agency has the principal responsibility for carrying out or approving a project, and which shall prepare the environmental documents for a project. Lead Department- The Lead Department or agency, of which the City Council is the governing body, which has the principal responsibility for carrying out, approving, or causing the approval by a decision-making body of a project. The process for determining the lead department is set out in Section II. D of these guidelines. Mitigation Measures- Measures capable of reducing or avoiding potentially significant environmental impacts identified for non-exempt projects. Mitigation may include the following: 16. 17. 18. 19. 20. 21. 22. Avoiding the impact altogether by not taking an action or parts of an action. Minimizing impacts by limiting the degree or magnitude of the action and its implementation. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. Compensating for the impact by replacing or providing substitute resources or environments Master Environmental Assessment (MEA) - A database covering a geographical or issue area that may involve cumulative impacts from a number of separate projects within the geographical area or involving the issue under study, (Section 15169). Master EIR - An alternative to preparing a project EIR, Staged EIR, or Program EIR for certain projects which will form the basis for later decision making. It is intended to streamline the later environmental review of projects included within the project, plan, or program analyzed in the Master EIR. Mitigation - (See Mitigation Measures). Mitigated Negative Declaration - A Negative Declaration prepared for a project pursuant to Section V of these Guidelines when the initial study has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in the light of the whole record before the public agency that the project as revised, may have a significant effect on the environment. Negative Declaration - A written statement by a Lead Agency pursuant to Section V of these Guidelines which briefly presents reasons why a proposed project will not have a significant effect on the environment and therefore does not require the preparation of ar~ EIR. Previous Environmental Impact Repod_:- An EIR prepared in connection with an earlier project as provided in Section 15153 of the Guidelines. Program EIR - An EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: a. Geographically; b. As logical parts in the chain of contemplated actions; 23. 24. In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program; or As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. Subsequent activities in the program must be examined in light of the Program EIR to determine whether an additional environmental document must be prepared. Project -The whole of an action which has a potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment, that is any of the following: An activity directly undertaken by a public agency including, but not limited to, public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local general plans or elements thereof pursuant to Government Code Sections 65100 through 65700; An activity undertaken by a person or entity which is supported in whole or in part through public'. agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; An activity involving the issuance to a person or entity of a lease, permit, license, certificate, or other entitlement for uses by one or more public agencies. An activity can include, but not be limited to, a project undertaken by a private individual or entity for any of the following purposes: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal 'waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited tQ subdivision pursuant to the Subdivision Map Act, and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreation use: change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or ,municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. "Project" does not include continuing administration or maintenance activities, government funding mechanisms, o~' other government fiscal activities not involving a specific project, general policy- and procedure-making and feasibility or planning studies. "Responsible Agency" - A public agency, other than a Lead Agency, which has responsibility to carry' out or approve all or a portion of a project. 25. 26. 27. 28. Significant Environmental Effect - A substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance, and which may result from direct or indirect consequences of the project. A project shall be found to have a significant effect on the environment if: The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory; The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. Examples of consequences, which may be deemed to have a significant effect on the environment, are listed in Appendix C. State Clearinghouse - A division of the Governor's Office of Planning and Research. The State Clearinghouse receives notices and other CEQA related documents and distributes these documents to the appropriate State agencies. Tiering -The coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is: From a general plan, policy, or program EIR to a program, plan or policy EIR of lesser scope or to a site-specific EIR. From an EIR on specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the lead agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe. Transportation Agency - A pubhc agency which has jurisdiction over major arterials and public transit facilities within 5 miles of a project site that might be affected by the project or a public agency which has jurisdiction over freeways, highways, and rail transit service facilities within 10 miles of a project site that might be affected by the project. 29. Trustee Agency - A state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. C Ex rnptionsfit n The following projects are exempt from the requirements of CEQA and do not require the preparation of an Initial Study, (Mitigated) Negative Declaration, or EIR: All Ministerial Projects - These are projects for which the City's discretionary approval is not required. Such projects include, but are not limited to, final subdivision maps and individual service connections and disconnections. Categorical Exemptions - These are classes of projects which have been found by the Secretary for Resources not to have a significant effect on the environment. A list of these exemptions is set forth in Appendix E of these Guidelines. (Note: a project located on a site which is included on any list of hazardous waste sites and facilities compiled pursuant to Section 65962.5 of the Government Code is not exempt. even if a categorical exemption would otherwise apply.) Certain Emergency Actions and Projects - These include emergency projects carried out or approved by a public agency to repair or replace property or facilities damaged or destroyed as a result of a disaster in which a state of emergency has been declared by the Governor, and emergency repairs to public facilities to maintain service, and specific actions necessary to prevent or mitigate an emergency. 4. Projects which the Lead Agen.c_.y_Rejects or Disapproves Rates and Tolls - The establishment modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of: Meeting operating expenses, including employee wage rates and fringe benefits; b. Purchase or leasing supplies, equipment, or materials; c. Meeting financial reserve needs and requirements; Obtaining funds for capital projects necessary to maintain service within existing service areas; or Obtaining funds necessary to maintain such intra-city transfers as are authorized by law. School Closing - The closing of a public school containing kindergarten or any of grades one through twelve or the transfer of students between public 10. schools if the only physical changes involved are also exempt from the requirements of CEQA. Restriping - The restriping of streets or highways to relieve traffic congestion. Pipelines - Projects less than 1 mile in length in any public right-of-way to install, maintain, repair, replace, restore, remove, relocate, recondition, or demolish a pipeline. For the purposes of this section, "pipeline" includes only subsurface facilities and does not include any surface facilities related to the subsurface facility. Statutory Exemptions- These are exemptions from CEQA granted by the Legislature. A list of these exemptions is set forth in Appendix F of these Guidelines. Common Sense Exemption - An activity which is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. D. Application of CEQA To Distvetionazy Prok~s Except as provided in Sections I.C, IV.C, and V.A. of these Guidelines, the Lead Agency shall prepare directly or by contract an Environmental Impact Report for all public and private projects which involve discretionary governmental action, and which may have a significant effect on the environment. See Section VI. E. Subrmsion of Data by Applicant A Lead Agency may require the applicant to submit any data or information which may be necessary for the Lead Agency to determine whether the project may have a significant effect on the environment, whether the project site and any alternatives are on any list of hazardous waste sites and facilities compiled pursuant to Section 65962.5 of the Government Code, and to assist in the preparation of an Initial Study, (Mitigated) Negative Declaration, or EIR by the Lead Agency. The form entitled "Environmental Information and Checklist Form," as shown in Appendix G of these Guidelines, may be used for this purpose. Fees 1. A fee covering all costs and expenses, including any consultant's fees, incurred by the City in preparing and processing an Initial Study, (Mitigated) Negative Declaration, or EIR, shall be charged to the applicant. No fee shall be collected pursuant to these Guidelines when it is determined at the initial examination that the proposed project does not require review pursuant to CEQA, because the project is exempt from the requirements of CEQA under Section I.C of these Guidelines. The City shall charge a fee not exceeding the actual cost of reproduction to members of the public who request copies of an Initial Study, (Mitigated) Negative Declaration, or EIR. A non-refundable fee, the amount of which shall be determined from time to time by Resolution of the City Council, will be required to initiate an appeal of a Lead Agency's final adoption of the (Mitigated) Negative Declaration under Section V.H. of these Guidelines Fees incurred under Section 753.5, Title 14 of the California Code of Regulations, shall be collected as follows: Projects, which are statutorily or categorically exempt from the requirements of CEQA, shall incur no fee. If the Lead Agency determines that a project subject to CEQA would have a de minimis effect on fish and wildlife pursuant to Section IV.D of these Guidelines, it shall complete a Certificate of Fee Exemption containing the de minimis finding. The original Certificate of Fee Exemption shall be retained as part of the environmental record, and two copies of the Certificate shall be filed with the County Clerk, along with the document handling fee required by Section 711.4(e) of the Fish and Game Code, at the same time the Notice of Determination is filed. Projects which are not governed by Subsections a & b above shall incur a fee in the amount established by Section 753(a) of Title 14 of the California Code of Regulations. All projects for which a Negative Declaration has been prepared pursuant to Section 21890(c) of the Public Resources Code and these Guidelines shall incur a fee in the amount established by the State. All projects for which an Environmental Impact Report has been prepared pursuant to Section 21151 of the Public Resources Code and these Guidelines shall incur a fee in the amount established by the State. When the Lead Agency directly undertakes a project, the Lead Agency shall be considered the applicant and shall be responsible for payment of the fee incurred hereunder. When the Lead Agency is supporting, in whole or part, an activity undertaken by a private person or is granting a license, permit or entitlement to an applicant, the project applicant shall be responsible for payment of the fee incurred hereunder. Fees incurred hereunder shall be paid by the party responsible for such payment to the County Clerk. The fee shall be paid at or before the time of filing the Notice of Determination with the County Clerk. All checks for payment of the fees shall be payable to the County of San Bernardino. Only one fee shall be paid per project. In the event a project requires multiple Notices of Determination by Lead and/or Responsible Agencies, the fee shall be paid at or before the time the Lead Agency files the first Notice of Determination. Upon payment, the County Clerk will issue an Environmental Filing Fee Cash Receipt. The applicant shall retain the receipt for presentation to any additional agencies whose approval may be required. A copy of the receipt shall be attached to any additional Notices of Determination that may be required for the same project. This copy shall suffice as documentation that the fee has been paid. R~'SPONSIBILITY /:'OR REVIEW AND PR£PARATION OF' ENVIRONMENTAL, DOG U!I/I£NT$ Genera/ The responsibilities of the Environmental Director includes review of the Initial Study Part I, preparation of Initial Study Parts II and III, and providing assistance in the formulation and coordination of monitoring and reporting programs. The Environmental Coordinator will be responsible for the monitoring calendar, long term Mitigation Monitoring, and the review for adequacy of consultant's reports. B. Re.ponsibi/i/ies Environmental Director/Environmental Coordinator - The City Planner shall be the designated Environmental Director (ED) for the City. Any questions, which arise concerning interpretation of these guidelines, or the CEQA process, shall be reviewed by the ED. The City Planner may appoint a person to act as the Environmental Director's designee, who will have the title of Environmental Coordinator (EC). The EC will be given specific responsibilities and duties towards ensuring that the CEQA process is carried out in an appropriate manner including training staff, overseeing the review and preparation of environmental documents by staff members, and implementation of the report and monitoring program. Staff Responsibilities - Individual City staff members shall also be given responsibilities for acting as the City Planner's representative in the review and processing of environmental documents. Such responsibilities may include: review of Initial Study Part I and preparation of the Initial Study Parts II and III; review of various technical documents and reports; and acting as the City Planner's representative when the City is a responsible agency, including attending meetings and preparing responses to environmental documents; overseeing the preparation of environmental documents; as well as the implementation of the individual project report and monitoring programs. Lead Department Responsibilities - It shall be the responsibility of the lead department to carry out the review and preparation of environmental documents. C: CE(~'~t Traimn,~ As a requirement of these Guidelines, City staff members shall complete specific training and certification in the CEQA review process. Certification from the City Planner shall be required before any staff member works on or makes a decision 10 about CEQA related issues. The training and subsequent certification shall ensure the staff member's knowledge and familiarity of the provisions of the City's Guidelines. Public Projects - When the City plans to carry out a non-exempt public project, the lead department shall prepare Part I of the Initial Study. The lead department shall then either complete Parts II and III of the Initial Study or have them prepared by an outside consultant. Once completed, Parts I, II, and III of the Initial Study shall be submitted for review to the City Planner or his designee; whereupon, the City Planner shall evaluate the adequacy of the documents and shall make a recommendation as to whether (Mitigated) Negative Declaration or EIR should be prepared. As part of the review, the City Planner may make a recommendation that additional studies should be required or that additional mitigation measures be added. The lead department shall then prepare a draft (Mitigated) Negative Declaration or EIR in accordance with the provisions set forth in these guidelines. Private Projects --. Where a non-exempt project is subject to a discretionary approval by the City of Rancho Cucamonga, the applicant shall prepare Part I of the Initial Study. The Planning Division, or lead department, shall review Part I and prepare Parts II and III of the Initial Study and shall prepare, or cause to be prepared, a (Mitigated) Negative Declaration or draft and final EIR. In the case where the lead department is other than the Planning Division, they shall have responsibilities as outlined in this section. E. Designationof Lead Depar nt Where two or more departments of the City of Rancho Cucamonga are involved with a project, the lead department shall be determined by the following criteria: If the project is to be carried out by a department of the City, the lead department shall be the one that is proposed to carry out the project. Where the project is proposed by an applicant other than the City, the lead department shall have the authority to process or grant permits, or the department with the greatest responsibility, approving or causing the approval by a decision-making body of the project as a whole. 11 III. INITIAL ,E'VALUATION OF PROJECTS Apph'cabili~, T~ese application procedures shall apply to all proiects, except ministerial proiec~s as defined by Section 15369 of the Guidelines, as set forth in these rules and regulations. For large, complex, or environmentally sensitive projects, a pre-submittal meeting should be held prior to formal submittal of a project application. The purpose of this meeting is to discuss the scope of potential environmental issues relative to the project as well as additional documentation or studies such as hydrology or traffic that may be needed. Scheduling of this meeting is the sole responsibility of the applicant and should occur as early in the project planning stages as possible. Attendance should include City project staff and project representatives as well as members of other appropriate City departments or governing agencies. C. ~tpp/ication Requiremen/s Minimum Requirements -- Part I of the Initial Study completed, signed by the applicant, and filed with a project application and accepted by the City in accordance with these rules, shall constitute an application under CEQA for all discretionary projects. Applications where an exemption from CEQA can be readily determined shall not be required to file Part I of the Initial Study. Additional Information- Additional information, supporting data, or technical reports identified either through the preliminary review process or at a pre- submittal conference should generally be provided at the time of project submittal. Additional information, if required, should be submitted following completion of the Initial Study Part II and subsequent project analysis. Application Processi~ City staff will log in all applications, date stamp the application, and assign a project number. All environmental documents shall be included in the project file. Determining .i/Applications are C~v(hk/e All applications shall be reviewed by the City to determine if they contain required information prior to acceptance. An application review appointment with a staff 12 member designated by the City Planner or lead department may be utilized by the applicant to go through a checklist of required items once the application has been reviewed at the Planning and Engineering Staff meeting. It is the responsibility of the applicant to ensure that all required information is provided. Within a 30 calendar-day period after an application has been submitted, one of the following shall occur: If the submittal is found to be complete by the City Planner or lead department, the applicant shall be informed in writing, with a copy placed in the file. If it is determined that the application is incomplete, the applicant shall be notified in writing specifying the deficient areas, as well as what is needed to complete the application. Copies of this notification shall be included in the project file. Upon resubmittal of the project application, a new 30 calendar- day period for determining completeness of the application shall begin. Projects shall be deemed received for filing on the date which an application is accepted as complete by the City Planner or lead department, except as provided under Section 15111 of the State CEQA Guidelines, regarding projects with short time periods for approval. For example, when an EIR is being prepared, action within 50 days after acceptance of a tentative subdivision map shall be suspended until such time as necessary environmental review has been completed. Accepting an application as complete does not limit the authority of the City from requiring the applicant to submit additional information needed for environmental evaluation of the project. While conducting the review for completeness, City staff will be evaluating environmental issues that require additional environmental study, up to and including the preparation of an EIR. 13 IV. THE PRELIMINARY REVIEW PROCESS A, Pre-.4pplication Consuhation Upon request by a potential applicant for a project involving the issuance of a lease, permit, license, certificate, or other entitlement for use, the Lead Agency shall consult with the potential applicant to consider the range of actions, potential alternatives, mitigation measures, and any potential significant effects on the environment of the potential project B. Receipt qf ~tpp/icatio. Where the following occurs, the Lead Agency may deem an application for a project not received for filing until such time as the required environmental documentation is sufficiently complete to enable the Lead Agency to complete environmental review under CEQA within the time limits set by another statutory scheme: The enabling legislation for a program, other than the Permit Streamlining Act, Government Code Section 65920 et seq., requires the Lead Agency to take action on an application within a specified period of six months or less; and The enabling legislation provides that the project will be approved by operation of law if the Lead Agency fails to take any action within such specified time period; and The project involves the issuance of a lease, permit, license, certificate, or other entitlement for use. Appendix B illustrates the time limits discussed in the Guidelines. Appendix H is a form to use in reporting to the applicant the status of the application. Determination of ~x'emption When an application is deemed complete, staff shall first determine whether the application involves a "project", as defined in Section I.B of these Guidelines. If so, staff shall then determine if the project is exempt from the requirements of CEQA. Section I.C of these guidelines contains a list of exemptions. If staff determines a project is exempt from the requirements of CEQA, a Notice of Exemption may be filed with the County Clerk. The County Clerk shall post the Notice for 30 days and return the Notice to the Lead Agency. The Lead Agency shall retain the Notice for not less than nine months. A copy of the Notice of Exemption form is provided as Appendix K to these Guidelines. 14 D. Initial St. My General - If the project is subject to the requirements of CEQA, staff shall conduct an Initial Study to determine if the project may have a significant effect on the environment. However, if staff can determine that the project will clearly have a significant effect, then the Lead Agency may prepare an EIR without first preparing an Initial Study. Still, even when it is clear from the outset that a project may have a significant effect, staff may decide to prepare an Initial Study to enable the applicant to modify a project to mitigate adverse impacts or to assist the preparation of an EIR. 2. Purposes - The purposes of an Initial Study are to: Provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR, a Mitigated Negative Declaration, or Negative Declaration. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR. a Mitigated Negative Declaration, or Negative Declaration is preparecl. c. Assist the preparation of an EIR, if one is required, by: · Focusing the EIR on the effects determined to be significant; · Identifying the effects determined not to be significant; Explaining the reasons fox determining that potentially significant effects would not be significant; and Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project's environmental effects. d. Facilitate environmental assessment early in the design of a project. Provide documentation of the factual basis for the finding in a (Mitigated) Negative Declaration that a project will not have a significant effect on the environment. f. Eliminate unnecessary EIRs. 3. Early Consultation With Other Agencies and the Applicant - As soon as it is determined that an Initial Study is to be prepared, the Lead Agency shall consult with all responsible agencies, trustee agencies, and agencies having jurisdiction by law over natural resources that may be affected by the project to obtain recommendations as to whether an EIR or a (Mitigated) Negative Declaration should be prepared. 15 The Lead Agency may also consult with the applicant during or immediately after preparation of the Initial Study to determine if the applicant is willing to modify the project to reduce or avoid any significant effects identified in the study. If a project is of statewide, regional, or areawide significance under the criteria of Appendix D to these Guidelines, the Lead Agency shall also consult with transportation agencies as defined in Section I.B of these Guidelines. Any agency consulted under this Subsection c which provides information to the Lead Agency shall be notified of, and provided copies of, environmental documents pertaining to the project. A project may be revised in response to an Initial Study so that potential adverse effects are eliminated or reduced to a point where no significant environmental effects would occur. In that case, a Mitigated Negative Declaration shall be prepared instead of an EIR. The mitigation should be in the form of changes in the project's plans or a firm commitment in writing from the applicant to implement the mitigation measures. If, however, the project would still result in one or more significant effects on the environment after mitigation measures are added to the project an EIR shall be prepared. Contents - The Initial Study shall contain the following information in brief form: a. A description of the project including its location; b. An identification of the environmental setting. An identification of the environmental effects by use of a checklist, provided entries are briefly explained to indicate that there is some evidence to support the entries. The brief explanation may be either through a narrative or a reference to another information source such as an attached map. photographs, or an earlier EIR or (Mitigated) Negative Declaration. A reference to another document should include, where appropriate. a citation to the page or pages where the information is found: d. A discussion of ways to mitigate the significant effects identified, if any; An examination of whether the project is compatible with the existing zoning and General Plan; and The name of the person or persons who prepared or participated in the Initial Study The Environmental Information and Checklist Form to be submitted by the applicant and the Initial Study Questionnaire Form appear in Appendices G and I to these Guidelines. Results - 16 ao If the Lead Agency determines that there is substantial evidence that any aspect of the project may cause a significant adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the Lead Agency shall do one of the following: · Prepare an EIR, or Use a previously prepared EIR which the Lead Agency determines would adequately analyze the project at hand, or Determine, pursuant to a Program EIR, tiering, or another appropriate process, which of a project's effects were adequately examined by an earlier EIR or (Mitigated) Negative Declaration, including a master EIR or a master environmental assessment. The Lead Agency shall then ascertain which effects, if any, should be analyzed in a later EIR or (Mitigated) Negative Declaration. The Lead Agency shall prepare a Mitigated Negative Declaration if the Lead Agency determines that there is substantial evidence that the project or any of its aspects may cause a significant effect on the environment but revisions in the project plans or proposals made by the applicant would avoid the effects to a point where clearly no significant effect on the environment would occur and there is no substantial evidence that the project, as revised, may have a significant effect on the environment. The Lead Agency shall prepare a Negative Declaration if the Lead Agency determines that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. A determination of the required environmental document to be prepared shall be made within 30 days after an application is accepted as complete. This period may be extended up to 15 days upon consent of the applicant. If a draft environmental document is prepared under a contract to a public agency, the contract shall be executed within 45 days from the date on which an application requesting approval of the project is received and accepted as complete by the local agency, unless the local agency finds that a longer period of time is required due to compelling circumstances and the project applicant consents thereto. Appendix: B illustrates the time limits discussed in these Guidelines. 17 THE' (11/11TIGA T~D) NE'GA TIVE' PROCESS DE'CLARA T/ON ~/~. Decision To Prepare a Negative i)ec,?~ration or ~$~il~ated Nee~alive Declaration A proposed Negative Declaration shall be prepared for a project when the Initial Study indicates that there is no substantial evidence that the project may have a significant effect on the environment, or A proposed Mitigated Negative Declaration shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects but: Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect would occur; and, There is no substantial evidence before the Lead Agency that the project as revised may have a significant effect on the environment. Appendix C lists circumstances in which a project may be deemed to have a significant effect on the environment Section I.B of these Guidelines defines circumstances in which a project will normally be found to have significant environmental effects and in which an EIR might be prepared. A Negative Declaration shall be written and include: 1. A brief description of the project as proposed, including the case number or a commonly used name for the project. if any; 2. The location of the project and the name of the project proponent; 3. A finding that the project will not have a significant effect on the environment; 4. An attached copy of the Initial Study documenting reasons to support the finding; 5. Mitigation measures included in the project, if a Mitigated Negative Declaration is required, to avoid potentially significant effects; 6. The location and custodian of the documents or other material which constitute the basis upon which the decision to adopt a (Mitigated) Negative Declaration is based; and 18 If the project site is on any list of sites affected by hazardous waste and substances compiled pursuant to Section 65962.5 of the Government Code, the Lead Agency shall specify the list and include the information required by the statement set forth in Section 65962.5 (f) of the Government Code. The form for a Negative Declaration or Mitigated Negative Declaration appears in Appendix L of these Guidelines. C Publ~ Notice A Notice of Intent to adopt a (Mitigated) Negative Declaration shall be provided to the public and the public agencies identified below in Subsection E so that the public and each public agency have at least 20 days to review the (Mitigated) Negative Declaration prior to its adoption by the Lead Agency or, if the (Mitigated) Negative Declaration is provided to the State Clearinghouse for review by state agencies, the notice shall be provided so that the public and public agencies have at least 30 days to review the negative declaration prior to its adoption. Notice shall also be given to the last known address of all organizations and individuals who have previously requested such notice in writing and shall also be given by at least one of the following procedures: Publication at least one time by 'the Lead Agency in a newspaper of general circulation in the area affected by the proposed project; or Posting of notice by the Lead Agency on and offsite in the area where the project is to be located; or Direct mailing to the owners and occupants of property contiguous to the project as such owners are shown on the latest equalized assessment roll. Public notice of the proposed (Mitigated) Negative Declaration may be given at the same time and in the same manner as public notice of the project required by any other law. Notice shall be mailed to the County Clerk so that the County Clerk receives the notice at least 20 days before the (Mitigated) Negative Declaration is to be adopted. The County Clerk will post the notice for at least 20 days before returning the notice to the Lead .Agency. This notice should be retained in the environmental record for the project. Notice shall be mailed to the State Clearinghouse so that the Clearinghouse receives the notice at least 30 days before the (Mitigated) Negative Declaration is to be adopted. The form of a Notice of Intent to Adopt a (Mitigated) Negative Declaration is found as Appendix M of these Guidelines. 19 D. Public R wiew The proposed (Mitigated) Negative Declaration shall be made available to the public for at least 20 days from the date that a notice is published, posted, or mailed prior to final approval in order to provide an opportunity for members of the public to respond to the finding. Where State Clearinghouse review is involved, this public review period shall be at least 30 days, pursuant to Subsection F below, unless a shorter period is approved by the State Clearinghouse. The City Planner is designated to request a shortened review period, when appropriate. E. Review By Other Public Agencies The Lead Agency shall consult with all Responsible Agencies, Trustee Agencies, and agencies having jurisdiction by law over the project prior to approving the Negative Declaration by sending a copy of the Notice of Intent and proposed (Mitigated) Negative Declaration and Initial Study to all such agencies. Further, the Lead Agency shall provide notice of any public hearing on the proposed project to each Public Agency which comments on the (Mitigated) Negative Declaration within the comment periods specified by CEQA. (If the public agency had previously received notice of the hearing, the notice need not be sent again after receiving comments on the negative declaration.) If a project involves the construction or alteration of a facility within 1/4 mile of a school which project might reasonably be anticipated to emit hazardous or acutely hazardous air emissions, or which would handle acutely hazardous material or a mixture containing acutely hazardous material in a quantity equal to or greater than the quantity specified in Subdivision (a) of Section 25536 of the Health and Safety Code, which may pose a health or safety hazard to persons who would attend or would be employee at the school, then the Lead Agency shall: Provide the relevant school district with written notice of the project not less than 30 days prior to approval of the Negative Declaration; and Consult with that district regarding the potential impact of the project on the school. For purposes of paragraph 2 above, the terms "acutely hazardous material" and "hazardous air emissions" shall have the meanings attributed to them by Section 21151.8 (c) of the Public Resources Code. State Clearingtx use Review of Proje 1. If a project is determined to be of statewide, regional, or areawide significance, pursuant to the criteria in Appendix D of these Guidelines, the 20 z/,t (Mitigated) Negative Declaration shall be submitted to the State Clearinghouse, transportation agencies as defined in Section I.B of these Guidelines, and the local metropolitan area council of governments; e.g. the Southern California Association of Governments (SCAG) and San Bernardino Association of Governments (SANBAG). If one or more state agencies is a Responsible Agency or Trustee Agency or possesses jurisdiction by law over the project, the (Mitigated) Negative Declaration shall be submitted to the State Clearinghouse for distribution to those agencies. G. Contozts of Notice of lntent A Notice of Intent to adopt a (Mitigated) Declaration may follow the form provided in Appendix M and shall specify the following: 1. A brief description of the proposed project and its location. The starting and ending dates for the review period during which the Lead Agency will receive comments on the proposed (Mitigated) Negative Declaration. If the review period has been shortened, the notice shall include a statement to that effect. The date, time, and place of any scheduled public meetings or hearings to be held by the Lead Agency on the proposed project, when known to the Lead Agency at the time of notice. The address or addresses where copies of the proposed (Mitigated) Negative Declaration, including revisions and all documents referenced in the proposed (Mitigated) Negative Declaration, are available for review. This location or locations shall be readily accessible to the public during the Lead Agency's normal working hours. The presence of the site on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste properly, and hazardous waste disposal sites, and the information in the Hazardous Waste and Substances Statement required under Subsection (f) of that section. Other information specifically required by statute or regulation for a particular project or type of project. H. Final Approzd/F~g Prior to approving the project, the decision-making body shall independently review and analyze the (Mitigated) Negative Declaration and any comments received by the Lead Agency concerning the (Mitigated) Negative Declaration and adopt or 21 disapprove the (Mitigated) Negative Declaration. The Lead Agency shall not adopt a (Mitigated) Negative Declaration unless it finds that the (Mitigated) Negative Declaration reflects the independent judgement of the Lead Agency. Where the project would result in no significant impacts or where mitigation measures eliminating significant effects are incorporated into the project, the Lead Agency shall adopt a (Mitigated) Negative Declaration and make a finding that the project as approved will not have a significant effect on the environment and that the (Mitigated) Negative Declaration represents the independent judgment and analysis of the Lead Agency. When adopting a (Mitigated) Negative Declaration the Lead Agency shall also adopt a monitoring program as described in Section VIII for any mitigation measures and shall specify the location and custodian of the documents and other material which constitute the record of proceedings upon which the decision is based. As a result of the public review process for a (Mitigated) Negative Declaration, including administrative decisions and public hearings, the Lead Agency may conclude that certain mitigation measures are infeasible or otherwise undesirable. In those circumstances, the Lead Agency, prior to approving the project, may delete those mitigation measures and substitute other mitigation measures that the Lead Agency finds, in writing, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made pad of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the (Mitigated) Negative Declaration. A Lead Agency shall not adopt a (Mitigated) Negative Declaration for a project within the boundaries of a comprehensive airport land use plan or, if a comprehensive airport land use plan has not been adopted, for a project within two nautical miles of a public airport or public use airport, without first considering whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area. L Appeal of Final Appwval Approval of a (Mitigated) Negative Declaration may be appealed in writing within 10 days after approval of the project for which the (Mitigated) Negative Declaration was prepared. The appeal of the (Mitigated) Negative Declaration will be considered by the same body that considers an appeal of a decision on the project for which the (Mitigated) Negative Declaration is prepared. If the decision on the project is not appealable, then the (Mitigated) Negative Declaration shall also not be appealable. An appeal fee will be required pursuant to City of Rancho Cucamonga fee resolution. 22 ]. Notice of Deterrrb' m After deciding to carry out or approve a project for which a (Mitigated) Negative Declaration has been approved. the Lead Agency shall file a Notice of Determination. The form of the Notice of Determination is found in Appendix Q. 1. The Notice of Determination shall include: An identification of the project including its common name where possible and its location; b. A brief description of the project; c. The date on which the project was approved; The determination that the project will not have a significant effect on the environment; A statement that a (Mitigated) Negative Declaration has been prepared pursuant to the provisions of CEQA; The mitigation measures which were made a condition of the approval of the project; and The address where a copy of the (Mitigated) Negative Declaration may be examined. The Notice of Determination shall be filed with the County Clerk within 5 working days after approval of the project. The County Clerk will post the Notice for 30 days before returning the Notice to the Lead Agency with a notation showing the dates of posting. The Notice must then be retained in the records of the Lead Agency for at least 9 months. A copy of the Notice of Determination and the (Mitigated) Negative Declaration shall also be provided to agencies which provided information to the Lead Agency after consultation pursuant to Section IV.D of these Guidelines. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Office of Planning and Research. A Notice of Determination shall be provided to all organizations and individuals that have previously requested by mailing a copy of the Notice to them within 5 working days after approval of the project. T/me L/m/t For a project involving a lease, license, permit, certificate, or other entitlement for use, a (Mitigated) Negative Declaration shall be completed within 180 days from the day the application for the project is determined to be complete. A reasonable extension may be granted upon consent of the applicant provided that compelling 23 circumstances justify additional time. discussed in these Guidelines. Appendix B illustrates the time limits L. Mitigation Monitoring If the Lead Agency has conditioned approval of a project for which a Mitigated Negative Declaration has been prepared upon the implementation of measures to mitigate potential adverse environmental effects or if such mitigation measures were incorporated into the project as a result of the Initial Study, the Lead Agency shall adopt a reporting or monitoring program pursuant to Section VI of these Guidelines. M. A~ or Subsequent Docume~us Addenda to or subsequent environmental documents prepared after approval of a (Mitigated) Negative Declaration shall be processed according to Section V of these Guidelines. 24 VI. THE EIR PROCESS' :'.]. Dedswn ~o Prepare a~ t!ilR If the Lead Agency finds after an Initial Study, and despite any mitigation measures prepared under Section II or III of these Guidelines, that, in light of the whole record, there is substantial evidence that the project may have a significant effect on the environment, the Lead Agency shall prepare or cause to be prepared an Environmental Impact Report. An EIR shall be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment. The existence of a public controversy over the environmental effects of a project shall not require preparation of an EIR if there is no substantial evidence, in light of the whole record before the Lead Agency, that the project may have a significant effect on the environment. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts, which do not contribute to, or are not caused by, physical impacts on the environment, is not substantial evidence. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. Certain projects may automatically trigger the preparation of an EIR. A Lead Agency should consult State CEQA Guidelines Section 15081.5 before analyzing any of the following projects: a. The burning of municipal waste, hazardous waste, or refuse driven fuel; b. Issuance of a hazardous waste facilities permit; c. Open pit mining operations: and:: d. An initial base reuse plan. B. Consultant Selection General - EIRs shall be prepared by a qualified consultant selected by, and under contract to, the City. Following a determination that an EIR is required, City staff shall initiate a selection process for a consultant to prepare the document. Selection would typically occur by preparing a Request for Qualifications (RFQ); however, a Request for Proposal (RFP) may also be utilized. Qualifications submitted should at a minimum include the following: 25 Names and resumes of principals and employees of the firm or subcontractors who will be involved in preparation of the EIR. A listing of all applicable environmental documents prepared for public and private clients for which the firm was the lead consultant. Additional projects. including projects for which the firm was a sub- consultant, may also be listed. The name of the project manager should also be included. In the case of projects for which the firm was a sub-consultant, the firm's scope of work should be indicated. In all cases, if the document was prepared under a name different than that presently used by the firm, that name should be indicated. A listing of at least two references each from public and private sector clients. Each reference should include a listing of the corresponding public or private client involved in the project. Listings of public projects should include the name of the project sponsor. A copy of what the firm deems to be its best environmental document. A reference for each document, if applicable, should be submitted. e. Statement of familiarity with the project area. Other information as deemed necessary based upon the project description and scope of work such as a fee schedule and statement of ability to meet any time constraints of the project. Immediately at the close of the RFQ/RFP period, City staff shall review the packets that have been received. Fee proposals shall be included in a separate sealed envelope clearly marked as fee or cost proposal. Consultant selection criteria shall be based upor~ consultant qualification on experience, responsiveness to the RFQ or RFP, and project timing. The City Planner and/or lead department shall select the most qualified consultant proposals for an evaluation interview. The City Planner and/or lead department shall make the final determination of the consultant to be retained, and shall notify the applicant within 10 calendar days following the selection. Final contract approval shall be by City Council authority. Costs of Preparation - All costs associated with preparation, noticing, printing, and distribution of EIRs and addendum and supplemental studies shall be borne by the applicant. Prior to the signing of the consultant contract to prepare the EIR, the applicant shall deposit funds sufficient to pay for the required EIR in a City Trust Account These funds shall be released by the City to the EIR consultant according to the terms of the Contract for Preparation of an Environmental Impact Report. The applicant shall be required to pay an administrative fee as established in the Rancho Cucamonga Fee Resolution t:o cover the City's costs for consultant selection, contract preparation, analysis of the EIR, public hearings, Staff Reports, and legal publications. 26 Applicant Contact - During the preparation of the Environmental Impact Report, the City's environmental consultant should be allowed access to the applicant, provided that the City staff be informed ahead of time of any meetings between the applicant and the consultant, and that no meeting be held without prior knowledge and consent. No information or conclusions should be released by the consultant to the applicant except through the City. C Preparation of the Dra~ EIR Notice of Preparation - Upon deciding that an EIR is required, the Lead Agency shall issue a Notice of Preparation by certified mail to each responsible agency, those public agencies having jurisdiction by law over natural resources that may be affected by the project, similar federal agencies and each city or county that borders on the Lead Agency. The notice shall also be sent to every federal agency involved in approval or funding of the project, to any agency which provided information to the Lead Agency after consultation pursuant to Section IV.B.3 of these Guidelines and to all organizations and individuals who have previously requested such notice. The notice shall be in the form provided in Appendix N of these Guidelines. The agencies notified shall have 30 days in which to respond to the Notice and a draft EIR may not be circulated for public review until that time has elapsed. If an agency does not respond within the 30-day period, the Lead Agency rnay assume that agency has no response. Projects of Statewide, Regional, or Areawide Significance - If a project is determined to be of Statewide, Regional, or Areawide significance pursuant to the criteria in Appendix D of these Guidelines, the Notice of Preparation shall also be submitted to transportation agencies as defined in Section I.B of these Guidelines. Early Consultation - Prior to completing. a draft EIR, the Lead Agency may consult with any persons or organizations it believes may be concerned with the environmental effects of the project. The Lead Agency shall, upon the request of the applicant, provide for early consultation to identify the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in the EIR. The Lead Agency may consult with persons identified by the applicant which '/he applicant believes will be concerned with the environmental effects of the project and may consult with members of the public who have made written request to be consulted on the project. A request by the applicant for early consultation shall be made not later than 30 days after the Lead Agency determines that an EIR will be required for the project, pursuant to Section IV.B.5 of these Guidelines. The Lead Agency may charge and collect from the applicant a fee not to exceed the actual costs of the consultation. Consultation with Water Suppliers for Certain Mixed-Use Projects and Projects of Statewide, Regional, or Areawide Significance For those projects described below, at the time that the Notice of Preparation is distributed, the Lead Agency shall contact each operator of a water system that will serve the project and that is, or may become, a public water system. 27 ("Public Water System" is defined in Water Code Section 10912). The Lead Agency shall request that the operator of the water system assess whether the projected water demand associated with the project was included as part of the most recently adopted urban water management plan. The public water system operator shall provide the assessment not later than 30 days after the date that the request was received and the Lead Agency shall include in the draft EIR the assessment and any other information provided by the operator pursuant to Water Code Section 10911. The assessment and the information shall not exceed 10 standard typewritten pages in length. This requirement shall only apply to the adoption or amendment of a Specific Plan or an amendment or revision of the land use element of the General Plan that may result in a net increase in population density or building intensity. Furthermore, the requirements of this Section will not apply unless the Specific Plan or General Plan Amendment is made in connection with a project of statewide, regional or areawide significance that falls within Subsection b of Appendix D or a mixed use project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. Means of Preparation - The Lead Agency may choose one of the following arrangements, or a combination of them, for preparing a draft EIR. If the Option c below is used, the contract for preparation of a draft EIR shall be awarded within 45 days of the receipt of a complete application for the project, including submittal of required fees by the applicant, unless the local agency finds that a longer period of time is required due to compelling circumstances and the project applicant consents thereto. a. Preparing the draft EIR directly, with its own staff. Contracting with another entity public or private, to prepare the draft EIR. c. Using an EIR previously certified by a public agency. Before using a draft EIR prepared by another person, the Lead Agency shall independently review and analyze the draft EIR, and shall not approve the release, circulation, or use of the draft EIR unless it determines that the draft EIR reflects the independent judgement of the Lead Agency. The Lead Agency is responsible for the adequacy and objectivity of the draft EIR. If the Lead Agency chooses to prepare the draft EIR pursuant to Subsection a or b above, then the applicant shall make payment to the Lead Agency in order to defray the costs to prepare and/or evaluate the draft EIR; the applicant shall not make direct payment to the contractor who is to prepare the draft EIR 28 6. Format - An EIR shall contain a table of contents or an index to assist readers in finding the analysis of different subjects and issues. An EIR shall contain a brief summary of the proposed actions and their consequences, which should not exceed 15 pages and which shall identify: Each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect. Areas of controversy known to the Lead Agency including issues raised by agencies and the public; and Issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects. The information contained in an EIR shall include summarized technical data, maps, plot plans, diagrams, and similar relevant information sufficient to permit full assessment of significant environmental impacts. Highly specialized and technical data; however, should be included in appendices rather than in the main body of the report. The EIR should be prepared using natural and social science methodologies and include consideration of qualitative as well as quantitative factors. The EIR shall reference all documents used in its preparation and may incorporate any document by reference. The EIR shall state where an incorporated document is available for public inspection An EIR prepared for a general or specific plan or zoning ordinance may be used as the foundation document for subsequent EIRs prepared for specific projects within the geographic are covered by the plan or ordinance. Contents - A draft EIR should be less than 150 pages in most cases and shall contain the following information: Description of project - A description of the project including the following information, but only in sufficient detail to allow evaluation and review of the environmental impact: The precise location and boundaries of the proposed project on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. · A statement of the objectives sought by the proposed project. 29 A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals, if any, and supporting public service facilities. A statement describing the intended uses of the EIR, including a list of the approvals for which the EIR will be used, and all decisions on the project subject to CEQA. If the project site is on any list of sites affected by hazardous waste and substances compiled pursuant to Section 65962.5 of the Government Code, then the Lead Agency shall specify the list and include the information required by the statement set forth in Section 65962.5(f) of the Government Code. Description of Environmental Se_tting - A description of the environment in the vicinity of the project as it exists before commencement of the project, from both a local and regional perspective. Special emphasis should be placed on environmental resources that are rare or unique to that region and would be affected by the project. The EIR shall discuss any inconsistencies between the proposed project and applicable general and regional plans Cumulative Impacts - Cumulative impacts shall be discussed when they are significant. The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the project alone. The discussion should be guided by the standards of practicality and reasonableness. Previously approved land use documents such as general plans, and specific plans may be used in the cumulative impacts analysis. The following elements are necessary for adequate discussion of cumulative impacts: Either: Future projects producing related or cumulative impacts, including those projects outside the control of the Lead Agency, or A summary of' projections contained in an adopted general plan or related planning document, which is designed to evaluate regional or areawide conditions. Any such planning document shall be referenced and made available to the public at a location specified by the Lead Agency; and A summary of the expected environmental effects to be produced by those projects with specific reference to traditional information stating where that information is available; and 3O A reasonable analysis of the cumulative impacts of the relevant projects. An EIR shall examine reasonable options for mitigating or avoiding any significant cumulative effects of a proposed project. Environmental Impact ~ All phases of a project shall be considered when evaluating its impact on the environment: planning, acquisition, development, and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. The significant environmental effects of the proposed project, including direct and indirect and short- and long-term effects. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. Any significant environmental effects which cannot be avoided if the proposal is implemented, including those which can be mitigated but not reduced to a less-than- significant level, and the reasons why the, project is proposed notwithstanding these impacts. Mitigation measures proposed to minimize the significant effects including avoidable, adverse impacts, and any inefficient and unnecessary consumption of energy. This discussion shall identify measures, which will eliminate such impacts or reduce them to a less-than-significant level. Where several measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be given. Energy conservation measures shall be discussed when relevant. If a mitigation measure would cause one or more significant impacts in addition to those which would be caused by the project as proposed, these shall be discussed, but in less detail than the effects of the project as proposed. Housing, economic, and social factors shall be considered in deciding whether changes in a project are feasible to reduce or avoid significant impacts. With respect to a project which includes housing development, the Lead Agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation Archaeological and historical impacts shall be considered and archeological impacts should be avoided or mitigated as set forth in Appendix R to these Guidelines. Any significant irreversible environmental changes, which would be involved if the proposed action were implemented, including uses of nonrenewable resources and irreversible commitments of resources, should be evaluated to assure proposed consumption 31 is justified. The information need be included only in EIRs prepared for the following: the adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; the adoption by a local agency formation commission of a resolution making determinations; or, a project requiring an Environmental Impact Statement under the National Environmental Policy Act of 1969. The growth-inducing impact of the proposed action, including the ways in which the proposed project could foster economic or population growth. either directly or indirectly, in the surrounding environment. Any water supply assessment and other information provided pursuant to Section Vl.C.3 Airport-related safety hazards and noise problems, if any, for projects within the boundaries of a comprehensive airport land use plan or within two nautical miles of a public or public use airport for which an airport land use plan has not been prepared. The Lead Agency shall use the Airport Land Use Planning Handbook published by CalTrans' Division of Aeronautics to assist in the preparation of the EIR. If certain potential effects are not discussed in the EIR, a statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and therefore not discussed in the EIR. Such a statement may be contained in an attached copy of an initial study. Alternatives to the Proposed Action - Describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. Purpose - Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. Selection of a Range Of Reasonable Alternatives - The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant effects The EIR should briefly describe the rationale 32 for selecting the alternatives to be discussed. The EIR should also 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. Additional information explaining the choice of alternatives may be included in the administrative record. Evaluation of Alternatives The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the project as proposed. "No Project" Alternative - The specific alternative of "no project" shall also be evaluated along with its impact. The "no project" analysis shall discuss the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the environmentally superior alternative is the "no project" alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Rule of Reason - 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 need examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project. The range of feasible alternatives shall be selected and discussed in a manner to foster meaningful public participation and informed decision-making Feasibility - 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 (projects with a regionally significant impact should consider the regional context), and whether the proponent has or can reasonably acquire control or otherwise have access to the alternative site. No one of these factors establishes a fixed limit on the scope of reasonable alternatives. Alternative Locations - The key question and first step in analysis is whether any of the significant effects of the project would be 33 avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR. If the Lead Agency concludes that no feasible alternative locations exist, it must disclose the reasons for this conclusion, and should include the reasons in the EIR. For example, in some cases there may be no feasible alternative locations for a geothermal plant or mining project, which must be in close proximity to natural resources at a given location. Limited New Analysis Required - Where a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for projects with the same basic purposes, the Lead Agency should review the previous document. The EIR may rely on the previous document to help it assess the feasibility of potential project alternatives to the extent the circumstances remain substantially the same as they relate to the alternative. An EIR need not consider an alternative if the effect reasonably ascertained and the implementation of, remote and speculative. cannot be which is Organizations and Persons Consulted - The identity of all federal, state, or local agencies, other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm, or agency, which prepared the EIR. Public Re~a~ of Dra~ EIR 1. Consultation - After completing a draft EIR, the Lead Agency shall consult with and request comments from all Responsible Agencies, Trustee Agencies, and other agencies having Jurisdiction by Law over natural resources which may be affected by the project. The Lead Agency shall also consult with any city or county which borders on the City, unless the Lead Agency and the City or county otherwise designate annually by agreement. The Lead Agency may also consult with persons or agencies, which have special expertise with respect to any environmental impact involved The consultation shall be combined with the review period and notices described below in Subsection 2 shall satisfy the requirement to consult and request comments from these agencies. If a project involves the construction or alteration of a facility within 1/4 mile of a public school and which project might reasonably be anticipated to emit hazardous or acutely hazardous air emissions, or which would handle acutely hazardous material or a mixture containing 34 acutely hazardous material in a quantity equal to or greater than the quantity specified in subdivision (a) of Section 25536 of the Health and Safety Code, which may pose a health or safety hazard to persons who would attend or would be employed at the school, the Lead Agency shall: Provide the relevant school district with written notice of the project not less than 30 days prior to certification of the EIR; and Consult with that district regarding the potential impact of the project on the school. For purposes of paragraph b above, the terms "acutely hazardous material" and "hazardous air emissions" shall have the meanings attributed to them by Section 21151.8(c) of the Public Resources Code. If a project involves burning of municipal wastes, hazardous waste, or refuse-derived fuel, as described in Public Resources Code Section 21092, then notice shall also be provided by direct mailing to the owners and occupants within 1/4 mile of the project site. Notice - The Lead Agency shall provide public Notice of Availability (the form of which is shown in Appendix P) of the draft EIR, and at the same time, send a Notice of Completion (the form of which is shown in Appendix O) to the Office of Planning and Research (©PR) pursuant to Section VI.C of these Guidelines. Notice shall be given to all agencies which must be consulted as described above in Section VI.DI.a, to all organizations and individuals who have previously requested such notice in writing and to all agencies which provided information to the Lead Agency after consultation pursuant to Section IV.D.3 of these Guidelines. Notice shall also be given by at least one of the following procedures: Publication at least once by the Lead Agency in a newspaper of general circulation in the area affected by the proposed project; or Posting of notice by the Lead Agency on- and off-site in the area where the project is to be located; or Direct mailing to the owners and occupants of property contiguous to the project as such owners be shown on the latest equalized assessment roll. Notice shall be filed with the County Clerk; who will post the Notice for 30 days before returning the Notice to the Lead Agency. This Notice should be retained in the environmental record for the project. Contents of Notice - The Notice of Availability shall specify the period during which comments will be received on the EIR, and shall include the date, time, and place of any public hearings on the proposed project, a brief description of the project and its location, the significant impacts, if any, anticipated as a 35 result of the project, whether the project is listed as a hazardous waste site pursuant to Government Code Section 65962.5, and if so, the Hazardous Waste Substances Statement, and an address where copies of the draft EIR and all documents referenced in the EIR are available for review. Appendix P contains a Notice of Availability form. Public Review Period - In order to allow sufficient opportunity for public comment, the draft EIR shall be made available to the public for at least 30 days, but not more than 60 days, after Notice of Availability is given to the public, public agencies, and the County Clerk. EIRs submitted to the State Clearinghouse shall be available for public review for at least 45 days, unless the State Clearinghouse approves a shorter period. The City Planner is authorized to request a shortened review period, when appropriate. A draft EIR shall be made available for review in a public area in at least three locations in the City. Projects of Statewide, Regional or Areawide Significance - The Lead agency shall use the State Clearinghouse whenever it distributes an EIR to state agencies for review. EIRs for projects deemed to be of statewide, regional, or areawide significance under the criteria set forth in Appendix D shall be submitted to the State Clearinghouse, to transportation agencies as defined in Section I.B of these Guidelines, and to the local metropolitan area council of governments (e.g., SCAG) Revised Draft EIRs - A Lead Agency is required to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review but before certification. This can include changes in the project or environmental setting as well as additional data or other information. 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: A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. 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. 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. 36 Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modification in an adequate EIR If the revision is limited to a few chapters or portions of the EIR, the Lead Agency need only recirculate the chapters or portions that have been modified. Recirculation of an EIR requires notice pursuant to Section IV.D.2, and consultation pursuant to Section VI.D.1. A decision not to recirculate an EIR when new information is added must be supported by substantial evidence in the administrative record. E. Evaluation of ~ by the L~t A g~y Staff shall evaluate comments on environmental issues received from persons, organizations, and public agencies that reviewed the draft EIR and shall respond in writing to significant environmental issues raised. At least 10 days prior to certifying an EIR, the Lead Agency must provide written proposed responses to public agencies on timely comments made by those agencies. The response may be in the form of a revision of the draft EIR or an attachment to it. The Final EIR 1. Preparation - The Lead Agency shall prepare a Final EIR consisting of: The draft EIR or a revision of the draft; Comments on the draft EIR received during the public review period either verbatim or in summary. A list of persons, organizations, and public agencies commenting on the draft EIR; and The responses of the Lead Agency to significant environmental points raised in review and consultation processes, which may be in the form of a revision of the draft EIR or an attachment to it. Any comments raising major issues at variance to the Lead Agency's position shall be addressed in detail, including reasons why they were not accepted. Certification - The Final EIR shall be presented for review and consideration to the decision-making body of the Lead Agency. Prior to approving a project for which an EIR was prepared, the decision-making body shall certify that the Final EIR has been completed in compliance with CEQA and the State Guidelines, that the decision-making body has reviewed and considered the EIR, and that the EIR reflects the independent judgement and analysis of the 37 Lead Agency. The decision-making body may not approve the project until it is able to make this certification. Time Limits - For a project involving a lease, license, permit, certificate, or other entitlement for use, the Lead Agency shall complete and certify an EIR within 1 year from the day the application is determined to be complete. If circumstances justify more time, a reasonable extension may be granted upon consent of the applicant, provided that compelling circumstances justify additional time. Appendix B illustrates the time limits discussed in these Guidelines. The Lead Agency shall review and consider the Final EIR before deciding whether to approve or carry out the project and shall not decide to approve or carry out the project for which an EIR was prepared unless either: The project as approved will not have a significant effect on the environment, or 2. The Lead Agency has: Eliminated or substantially reduced all significant effects on the environment, where feasible, as shown in findings pursuant to Section VI.H. of these Guidelines; and Determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding considerations set forth pursuant to Section VI.I. of these Guidelines. Findings The Lead Agency shall not approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects unless both of the following occur: The public agency makes one or more of the following findings with respect to each significant effect: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. 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. This finding shall not be made if the Lead Agency has concurrent 38 o jurisdiction with another agency to deal with identified, feasible mitigation measures or alternatives. 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. With respect to significant effects which were subject to a finding under the paragraph directly above, the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. At the time of making findings pursuant to Subsection a above, the Lead Agency shall specify the location and custodian of the documents or other material, which constitute the record of proceedings on which the decision is based. The Lead Agency shall not approve or carry out a project for which an EIR has been certified without making a finding as to why each of the project alternatives identified in the EIR pursuant to Section IV.C.7 of these Guidelines was rejected in favor of the project approved. Prior to approving a project for which an EIR was prepared and water suppliers were consulted pursuant to Section VI.C of the Guidelines, the Lead Agency shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the proposed project, in addition to existing and planned future uses. If the Lead Agency determines that water supplies will not be sufficient, the Lead Agency shall treat impacts to water supplies as a significant impact and shall make the findings set forth above in Subsection 1 .a concerning the impact. L S tatmTmt of Om'dding Considerations Where the decision to approve a project allows the occurrence of significant effects which are identified in the Final EIR, but which are not mitigated (as may be the case when findings are made pursuant to Section VI.H, the decision-making body shall make a written statement of the overriding considerations supporting its decision, based on the Final EIR and other information in the record. Any such statement should be included in the record of the project and noted in the Notice of Determination and should include the specific overriding economic, legal, social, technological, or other benefits of the project that have been determined to outweigh the significant effects on the environment.. Appeal of Final Approval Certification of an EIR may be appealed in writing within 10 days after approval of the project for which the EIR was prepared. The appeal will be considered by the 39 same body that considers an appeal of the decision on the project for which the EIR is prepared. If the decision on the project is not made by the City Council and is not appealable, then the appeal of the EIR Certification will be considered by the City Council. An appeal fee will be required pursuant to the City of Rancho Cucamonga Fee Resolution. K~ Notice of Detomb~ion After deciding to carry out or approve a project for which an EIR has been certified, the Lead Agency shall file a Notice of Determination. The form of the Notice of Determination is found in Appendix Q. 1. Contents - The Notice of Determination shall include: a. An identification of the project including its common name where possible and its location; b. A brief description of the project c. The date on which the project was approved; d. The determination whether the project as approved will have a significant effect on the environment; e. A statement that an EIR was prepared and certified pursuant to the provisions of CEQA; f. Whether mitigation measures were made a condition of the approval of the project; g. Whether findings regarding significant environmental effects were made pursuant to Section VI.H of these Guidelines; h. Whether a statement of overriding considerations was adopted for the project; and i. The address where a copy of the EIR and the record of the project approval may be examined. The Notice of Determination shall be filed with the County Clerk within 5 working days after approval of the project. The County Clerk will post the Notice for 30 days before returning the Notice to the Lead Agency with a notation showing the dates of posting. The Notice should then be retained in the records of the Lead Agency for at least 9 months. A copy of the Notice of Determination and the EIR shall also be provided to agencies which provided information to the Lead Agency after consultation pursuant to Section IV.D.3 of these Guidelines. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the State Clearinghouse in the Office of Planning and Research. 40 o A Notice of Determination shall be provided to all organizations and individuals who have previously requested such notice in writing by mailing a copy of the Notice to them within 5 working days after approval of the project. L. Mitigation Monitoring If the Lead Agency has imposed mitigation measures on the project, the Lead Agency shall adopt a reporting or monitoring program pursuant to Section VI of these Guidelines. The program shall be adopted at the time that the project is approved. All mitigation measures imposed on a project shall be fully enforceable through permit conditions, agreements, or other measures. 41 V/1. SUBSEQUENT ENVIRONIVIENTAL ,REQ UI R E?O ,A F TE':R C ,E'fi' 77b77 CA TI 0 N OF ORIGINAL 00¢"UtI4EN'7'~5~ DOCUMENTS OR APPROVAL Subsequent EIRs and (Mitigated) Ne~alive Declara~ons When an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: Substantial changes are proposed in the project which will require major revisions of the previous EIR or (Mitigated) Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or (Mitigated) Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the (Mitigated) Negative Declaration was adopted, shows any of the following: The project will have one or more significant effects not discussed in the previous EIR or (Mitigated) Negative Declaration; Significant effects previously examined will be substantially more severe than shown in the previous EIR; Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or' more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 42 When a (Mitigated) Negative Declaration has been adopted for a project, no subsequent EIR shall be required for that project, unless one or more of the elements listed under Subsection 1 of this Section have been satisfied. If changes to a project or its circumstances occur or new information becomes available, but none of the elements listed under Subsection 1 have been satisfied, the Lead Agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. If the project was approved prior to the occurrence of the conditions described in Subsection 1 above, the subsequent EIR or (Mitigated) Negative Declaration shall be prepared by the public agency, which grants the next discretionary approval for the project. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent (Mitigated) Negative Declaration adopted. A subsequent EIR or subsequent (Mitigated) Negative Declaration shall be given the same notice and public review as required under Section VI.D or Section V.C. A subsequent EIR or (Mitigated) Negative Declaration shall state where the previous document is available and can be reviewed B: ~~ to an E1R or (Mitigat~l) Negatwe Dedarat~n The Lead Agency or Responsible Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section VII.A calling for preparation of a subsequent EIR, have occurred. An addendum to an adopted (Mitigated) Negative Declaration may be prepared if only minor technical changes or additions are necessary. An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted (Mitigated) Negative Declaration. The decision-making body shall consider the addendum with the final EIR or adopted (Mitigated) Negative Declaration prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section VII.A. should be included in an addendum to an EIR, the Lead Agency's required findings on the project, or elsewhere in the record. The decision must be supported by substantial evidence. (2 Supplm~ to an EIR The Lead or Responsible Agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if any of the conditions described in Section VlI.A. would require the preparation of a subsequent EIR, and only 43 ., minor additions or changes are necessary to make the previous EIR adequately apply to the project in the changed situation. The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR under Section VI.D. A supplement to an EIR may be circulated by itself without recirculating the previous draft or final EIR. When the Lead Agency decides whether to approve the project, the decision- making body shall consider the previous EIR as revised by the supplemental EIR. A finding under Section VI.H shall be made for each significant effect shown in the previous EIR as revised. 17). Use of Master EIRs for Re'aewof Subsequm. t l~jects If a Master EIR has been prepared for a project listed in Public Resources Code Section 21157, subsequent projects that were described as being within the scope of the master EIR, and which are submitted to the City less than 5 years from the certification of the Master EIR, may be given expedited environmental review. In these situations, the Lead Agency shall prepare an Initial Study of the subsequent project to determine if it was described in the Master EIR and whether it will cause any significant effect on the environment that was not examined in the Master EIR. If the Lead Agency makes a written finding that the subsequent project is within the scope of the Master EIR, will have no additional significant effects on the environment and no new mitigation measures or alternatives are required, then no further environmental review is required. However, the Lead Agency shall provide notice in the manner required by State CEQA Guidelines Section 15087 prior to approving the project and shall file a Notice of Determination after approval of the project. If the Initial Study of the subsequent project identifies new or additional significant effects on the environment that were not analyzed in the Master EIR, then a Mitigated Negative Declaration or focused EIR shall be prepared. 44 VIII. MITIGATION MONITOR/N(; The Environmental Coordinator shall conduct mitigation monitoring and reporting pursuant to CEQA and these Guidelines. ~/~. Program to t~nsure Cbmpliance If a reporting or monitoring program is required under Section V.L or Section VI.L of these Guidelines, the program shall be designed to ensure compliance with mitigation requirements during the implementation of the project. A reporting or monitoring program may include reporting obligations imposed on the applicant, inspection and regulatory enforcement activities of the Lead Agency or some other agency, and monitoring by the Lead Agency or some other agency specifically to enforce the mitigation measures imposed on the project. An example of a Mitigation Monitoring Program is provided in Appendix J. Measures Requested .by State and .b-edera/ :4);encies If mitigation measures are requested by a Trustee Agency, the Lead Agency may request the Trustee Agency to prepare a reporting or monitoring program. Projects of Statev~ide, Re, giona/ or Mreamide ('Tbncern 17). If a reporting or monitoring program is required for a project that is of statewide, regional, or areawide concern under the criteria set forth in Appendix D of these Guidelines, any transportation information resulting from that reporting or monitoring program shall be submitted to the Regional Transportation Planning Agency along with a copy of the reporting or monitoring program. .Fees A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing reporting or monitoring programs as described in Paragraph A above, shall be charged to the applicant. 45 IX. PROCEDURES FOR THE CITY AS A RESPONSIBLE A GENC Y ~. Genera/ This section identifies the special duties of the City of Rancho Cucamonga when acting as a Responsible Agency under the provisions of Section 15096 of the State Guidelines. Response to Consultation The City Planner or his representative(s) shall respond to consultation requests by a Lead Agency in a manner consistent with Section 15096 (b) of the State Guidelines. As part of this review the City Planner may request that other appropriate city departments review the proposed document and provide comments. Meetings The City Planner or his representative(s) shall attend meetings requested by the Lead Agency as provided by Section 15096 of the State Guidelines. D. Comments on Dra~ FIRs and Negative De~'~rations The City Planner or his appointed designee should review and comment on draft EIRs and (Mitigated) Negative Declarations as provided by Section 15096 of the State Guidelines. Where appropriate, the document may be placed on the agenda of the Planning Commission and/or City Council for public review and comment, or may be distributed to the members of these bodies and comments requested. Notice of Determination In accordance with Section 15096(i) of the State CEQA Guidelines, a Responsible Agency should file a Notice of Determination in the same manner as a lead agency under Sections 15075 or 15094, except that the City does not need to state that the EIR or (Mitigated) Negative Declaration complies with CEQA. However, the City should state that it considered the EIR or Negative Declaration as prepared by a lead agency. 46 X. APPEAL PROCESS General An appeal may be filed with the applicable appeal body and shall be in writing on 8 1/2 x 11-inch paper. Additional documentation may, however, accompany the appeal. All appeals to the Planning Commission shall be filed with the Planning Commission Secretary together with the appropriate fee, and appeals to the City Council shall be filed with the City Clerk with the appropriate fee. The fee for such appeals shall be as designated by City Resolution. In all cases, the burden of proof shall lie with the appellant. E;. ~lpp/icable ~lppea/ Bodies To Appeal a Decision of: Planning Commission City Planner Lead Department Staff Review Committee Advisory Body The Applicable Appeal Body is: City Council Planning Commission Planning Commission Planning Commission City Council C ~ippea/s of Exemptions Any person may appeal the granting of an exemption within 10 calendar days following the date the decision-making body determines the project is exempt. The Appeal of the Exemption shall state clearly why the exemption does not apply to the specific project. D. ~Jppea/s of a Determination that a Prev/ous l-~nvironmenta/ Document is ~ldequate Any person may appeal the determination that a Previous Environmental Document is adequate according to Section 15153 of the State CEQA Guidelines, within 10 calendar days following the date the decision-making body determines that a Previous Environmental Document is adequate. All appeals of such a determination shall be supported by evidence that the Previous Environmental Document and project do not satisfy the criteria of Section 15153. 4¸7 E. ~lppeals of (Mitigat~l] Negative Declaratior~ Any person may appeal the adoption of a (Mitigated) Negative Declaration within 10 calendar days. All appeals of (Mitigated) Negative Declarations shall be supported by evidence that the project may have a significant effect on the environment. Controversy not related to an environmental issue is not grounds for the preparation of an EIR. The appropriate decision-making body shall determine if the appeal contains substantial evidence using the following criteria: All evidence shall be relevant to the environmental issue and shall be documented. The evidence must be new material not already considered in the (Mitigated) Negative Declaration preparation process; and Such evidence must constitute a revised basis on which the decision- making body could find that reasonable doubt exists as to the possible significant environmental impact of the proposed project under the terms of CEQA and the Guidelines. Evidence shall show conflicts with the environmental analysis of the city and/or identify environmental impacts of a significant nature not considered in the Initial Study. Pr ss/n alppea/s Upon the City Planner and/or lead department deeming an appeal to contain the required evidence, the item shall be placed on the agenda to be considered by the appropriate decision-making body with 30 calendar days of the date the appeal is filed with the City. Public notice of the appeal hearing shall be given at least ten 10 days prior to the hearing by one of the following methods: Publication at least once in a newspaper of general circulation in the area affected by the proposed project; Posting on-site in the area where the project is to be located and posting on the City Hall Public Notice bulletin board; By direct mail to the owners of property within 300 feet of the subject property as shown on the latest equalized assessment roll. The notice shall also be mailed to the project applicant, all responsible agencies, and all public agencies having jurisdiction by law with respect to the project as deemed appropriate by the lead agency. 48 XI. SEVERABILITY If any portion of these Guidelines is held unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. Xll. Appentlice.6' ~ppendix ~4 - C1~4 t~/o~v Chart ~ppendix B- Time ~mits~br Mpprova/ q Pdva/e Development Prqects ~ppendix C- Sign~can/ E~cts ?~ppendi~~ D- Prqects qf Smte~vide, Regiona/. or..~reamide SignScanoe ~ppendi~~ .E - ~)/ q'Ca/egodca/ ?~ppendix ~' - S tamtov ~:~xemptions ?tppendix G- En~ronmenta/ In~amn t%m~ (Tni~al Sm~y, Pa~ I) ?~ppendi~' G, ~achmen/ ~ - ~ater Usage ,~nd Sewer.Vloms ?~ppendi~~ G, M~achmen/ B - I~cal S3oo/ Dis/~67s ?tppendix G, ~achmen/ - Hazardous ~?aste and Substance Sites /tppendi~~ N- Compk/eness I~er' and ( iomments /tppendi~' I- Environmental CheckArt Eo~ (IniSal Sm~y Pa~ II) ~ppendix J- Mitigation Monitofft(g Checklist Oni6a/ Smdff Pa~ III) ~tppendi~J, A~achmen/-- Mitigamn Monitoff~ and R~o~ing ~o~ ?tppendi~' K- Notice q _/tppendix ~/tppendi~' ~/~ppendi~~ _/~ppendi~~ L- Negative Declaration M- No/ice qf lnten/ to ~4dop/ Ne~gative Declaration N- No/ice of Preparation 0 - No/ice q~Comp/etion 50 '7/ Appowlix P- Notice of Availability Ertvironmoz~ Impact AppoaJix Q- Notice of Detemmation Appendix R- A rchaoo~ ~ APPENDIX A CEQA I'ROCESS FLOW CHART Public a,'cno; determines x~ bother Ihc activity is a "'projccl' ,- ................Not a projoel ............................................ II'uhlic agency determines iflhc projoe! is Nol cxcmp[ I I'ublic agency Cvilhlalc~ projoel tO dclcrminc sl'11~crc ~s a pn~ihslity Ihal Ihc proj,cct may bavc a significant clI~cl on I I'o~sihlc ~ignificant cllL'cc I Dclcrn~inntion of Icad agency Ihan I puhlic agency i~ involvcd ....... ('alcgorical cxCnll~tloll ............ ....... No po.i,.ihlc signil]caul cfl'cct ...... I I:ilc Notice ofl!xcmption xsith (..'Oullty Clerk. No I:urlhcr action rctluircd tinder L'I!QA I(c,,pond to Nolicc of I~rCp.lf.1111111 ILs Ill C¢IIlICIII'+ Of dndl I'IR I)ccKion-mak ing body cnnsidcrs Iinal I~IR or Negative I)cclaralion prcparcd by Icad agency 1 I)ccNi.n on Project ;111d I.'indmgs on Ii:;msibilily redacing or avoiding si~nilicant cnvin~nmcnlal ,I File Notitc of l)clcrmination ~ilh Cnnnty Clerk Il.¢ad agency deckion prepare F, II(nr Ncga6vc l)¢clatnlinn Ncgalivc I)ccliralion ~~[~l cad agcncy files Notitc C'omplcli,nn and gives public nutice of a~ ailabihly ~C(m~lla~ I'uhlic Rosier> I'criod I.cad ngcll<)r preparcs final Ell( [C',msidcration nnd approval ofliual ] II R hy dcci~ion-makh~ body I:,ccixi.n nn l'/ojccl and Fimlinl.:s on I'ca,,ibd~ty nf reducing or aw~idmg ~.i'gnif;canl cnvirnnmcnl.iI ell'cOts ~l File Notice of I)clcrmlmttion ~ilh County C'lcrk LI I-- Z LI 0 Zn~ O-0 0 0 APPENDIX C SIGNIFICANT EFFECTS A project may be deemed to have a significant effect on tile environment if it will: (a) Conflict with adopted environmental plans and goals of tile community wilere it is located; (b) Ilave a substantial, demonstrable, negative aesthetic effect; (c) Substantially affiect an endangered, rare. or threatened species of animal or plant or tile habitat of the species; (d) hiteffete substantially with the movement of any resident or migratory fish or wildlife species; (e) Breach published national. state. or local standards relating to solid waste or litter control; (0Substantially degrade water quality; (g) Contaminate a public water supply; (h) Substantially degrade or deplete ground water resources; (i) hlterfere substantially with ground witter recllargc; (j) Disrupt or adversely affect a prehistoric or historic archaeological site or a property of historic or cultural significance to a community or ethnic or social group; or a palcontological site except as part of a scientific study; (k) Induce substantial growth or concentration of population; Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; (m) Displace a large number of people; (n) Encourage activities which result in tile use of large amounts of fuel, witter. or cne rgy: (o) Use fuel. water. or energy in a wasteful manner; 17314')6 (p) Increase substantially the ambient noise levels for adjoining areas; (q) Cause substantial flooding, erosion or siltation; (r) Expose people or structures to major geologic hazards; (s) Extend a sewer trunk line with capacity to serve new development; (t) Substantially diminish habitat for fish, wildlife or plants; (u) Disrupt or divide the physical arrangement of an established community; (v) Create a potential public health hazard or involve the use, production or disposal of materials which pose a h:~zard to people or animal or plant populations in the area affected; (w) Conflict with established recreational, educational, religious or scientific uses of the area; (x) Violate any ambient air quality standard. contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations; (y) Convert prime agricultural land to nonagricultural use or impair the agricultural productivity of prime agricultural land; (z) Interfere with emergency response plans or emergency evacuation plans. 98t)2~).1 ~').I-O(X~() I '~,~ 172114'A6 (2) C-2 APPENDIX D PROJECTS OF STATEWIDE, REGIONAL, OR AREAWIDE SIGNIFICANCE Go Projects meeting the criteria listed in this appendix shall be deemed to be of statewide, regional, or areawide significance. EIR's or (Mitigated) Negative Declarations prepared by the I. ad Agency on a project described below shall be submitted to the State Clearinghouse and should be submitted also to the local metropolitan association of governments. The [mad Agency shall determine that a proposed project is of statewide, regional, or areawide significance if the project meets any of the following criteria: : The project is a proposed local general plan, element, or amendment thereof for which an EIR was prepared. A project has the potential for causing significant effects on the environment extending beyond the city or county in which the project would be located. Examples of the effects include generating significant amounts of traffic or substantially interfering with the attainment or maintenance of state or national air quality standards. Projects subject to this paragraph include: 1. A proposed residential development of more than 500 dwelling units. A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space. A proposed commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space. 4. A proposed hotel/motel development of more than 500 rooms. ~ A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area, A project which would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres. A project for which an EIR was prepared which would be located in, and have a substantial impact upon, one of the following areas of critical environmental sensitivity as listed in Section 15206 of the State CEQA Guidelines: 980203 99903-00001 ~a~ 1731496 (2) D- 1 '7'7 eo 1. The Lake Tahoe Basin. The Santa Monica Mountains Zone, as defined by Section 74663 of the Government Code. ¸3. The California Coastal Zone as defined in, and mapped pursuant to, Section 30103 of the Public Resources Code. An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public Resources Code. 5. The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220. 6. The Suisun Marsh as defined in Public Resources Code Section 29101. The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610. A project which would substantially affect sensitive wildlife habitats including, but not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare and threatened species as defined by the State CEQA Guidelines. project which would interfere with attainment of regional water quality standards as stated the approved areawide waste treatment management plan. A project which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plan. 981r2.03 99~134~X)1 la~ 1731496 D-2 Note: (a) (c) (d) (e) APPENDIX E LIST OF CATEGORICAL EXEMPTIONS A categorical exemption may not be used for the lUllowing projects: A project where there is a reasonable possibility that the activity will have a significant effect on the enviromnent due to unusual circumstances; When the cumulative impact of successive projects of the same type in lhe same place, over time is significant; A project which may result in damage to sccmc resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within an official state scenic highway, designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code, unless the project consists of improvements as mitigation for a project for which a (Mitigated) Negative Declaration has been approved or an environmenutl impact report has been certified; and A project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. A project which may cause a substantial adverse change in the significance of a historical resource. Class l: Existing Facilities. Class I consists of the operation. repair. maintcnance. or minor alteration of existing public or private structures, facilities, mechanical equipment. or topo- graphical features. involving negligible or no expansion of use beyond that previously existing. including but not limited to: (a) Interior or exterior alterations involving such tilings as interior partitions, plumbing, and electrical conveyances; (b) Existing facilities of both investor and publicly-owned utilities used to provide electric :power, natural gas, sewerage, or public utility services; (c) :Existing highways and streets. sidewalks. gutters. bicycle and pedestrian trails, and similar fi~cilitics (this includes mad grading for the purpose of public safety) except where tile activity will involve removal of a scenic resource including a stand of trees, a rock outcropping, or an historic building. 980203 9'19034~10r}1 ,~a,s 1731496 (2) t.;- I (d) (e) (r) (g) (h) (i) (j) (k) (I) Restoration, or rehabilitation of deteriorated or damaged structures, fimilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an enviromnental hazard such as earthquake, hindslide, or flood: Additions to existing structures provided that tile addition will not result in an increase of more than: (1) 50 percent of the floor area of tile structures before tile addition, or 2500 square feet, whichever is less; or (2) 10,000 square feet it': A. Tile project is in an area where all public services and facilities arc available to allow for maximum developmere permissible in the General Phm, and B. The area in which tile project is located is not environnlentally sensitive. Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, or topographical features including navigational devices; New copy on existing on and off-premise signs; Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, Califi. mfia Agricultural Code): Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway ,fievices, stream flows, springs and water holes, and stream channels (clearing of debris) ~to protect fish and wildlife resources. Fish stocking by tile California Department of Fish and Game. Division of existing multiple-family or single family residences into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. Demolition and removal of individual small structures listed in this subsection except where the structures arc of historical, archaeological, or architectural significance: One single-fimlily residence. In urbanizod areas, up to three single-fim'fily residences may be demolished under this exemption. 980203 ~xI]-txxxH ~.a'~ 17211496 E-2 (2) A duplex or similar multifiunily residential structure. In urbanized areas, this exemption applies to duplexes, and similar structures where not more than six dwelling units will be demolished. (3) A store, motel, office, restaurant or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (nl) Minor repair and alterations to existing dams and appurtenant structures under the supervision of the Deparmmnt of Water Resources. (n) Conversion of a single-family residence to office use. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 25015, et seq., of the Itealth and Safety Code) and accepts no offsite waste. As used herein, tile term "urbanized areas" means a central city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1000 persons per square mile. Class 2: Replacement Or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and fi~cilitics where tile new structure will be located on tile same site as tile structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50%. (b) Replacement o f a coremere ial st ructurc with a new structure of substantially the same size, purpose and capacity. (c) Replacement or reconstruction of existing utility systems and/or fimilities involving negligible or no expansion of capacity. (d) Conversion of overhead electric utility distribution system fi~cilitics to underground, including connection to existing overhead electric utility distribution lines wilere the surfilcc is restored to the condition existing prior to the undergrounding. 980203 9')'~)3.(XIX)I t~t 17314¢h5 (2) F-3 Class 3: New Construction Or Conversion Of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures: installation of small new equipment and facilities in small structures: and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel or to be associated with a project within a two-year period. Examples of this exemption include, but are not limited to: (a) Single-family residences not in conjunction with tim building of two or more such units. In urbanizod areas, up to three single-family residences may be constructed or converted under this exemption. (b) Apartments, duplexes and similar structures with no more than four dwelling units if not in conjunction with the building or conversion of two or more such structures. In urbanized areas, the exemption applies to single apartments, duplexes and similar small structures designed for not more than six dwelling units if not constructed in conjunction with the building or conversion of' two or more such structures. (c) Stores, motels, offices, restaurants, and similar small structures not involving the use of significant amounts of hazardous substances, i fdcsigncd for an occupant load of 30 persons or less, if not constructed in conjunction with the building of two or more such structures. In urbanizod arca~, the exemption also applies to commercial buildings on sites zoned for such use, if designed I~)r an occupant load of 30 persons or less, if not constructed in conjunction with the building of four or more such structures and if not involving the use of significant amounts of hazardous substances (d) Water main, sewage, electrical, gas and other utility cxtc~lsions of reasonable length to serve such construction. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. An accessory steam sterilization unit for tim treatment of medical waste at an existing facility occupied by a medical waste generator, provided that the unit is installed and ,aperated in accordance with the Medical Waste Management Act (Section 25015, ct seq., of the I lealtb and Safety Code) and accepts no offsite waste. "Urbanized area" is dellned in Class I above. Class 4.: Minor Alterations To I.and. Class 4 consists of minor public or private .'riterations in the condition of land, water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Fxamples include but are not limited to: E-4 (a) Grading on !and with a slope of less than 10 percent, except titat grading shall not be exempt in a waterway, in any wetland, in a scenic area officially designated by federal, state or local governmental action, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping. (c) Filling of earth into previously excavated land witit material compatible witIt the natural features of the site. (d) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. (c) Minor temporary uses of land having negligible or no permanent effects on tile environment, including carnivals, sales of Cl~ristmas trees, etc. (0 Minor trenching and backfilling witere the surface is restored. (g) Maintenance dredging witere the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (h) The creation of bicycle lanes on existing rights-of-way. Class 5.: Minor Alterations In l.and Use l.imilations. Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than a 20% slope, which do not result in any changes in land use or density, including but not limited to: (a) Minor lot line adjustments, side yard and set back variances not resulting in tile creation of any new parcel. (b) Issuance of minor encroachment permits. (c) Reversion to acreage in accordance with the Subdivision Map Act. Clas.5 6: Information Collection. Class 6 consists of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major dis- turbancc to an environmental resource. These may be strictly for information-gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or fundled. q?las.5 7: Actions By Regulatory Agencies For Protection Of Natural Resources. Class 7 consists of action taken by regulatory agencies as authorized by state law or local ordinance to assure the ntaintcnance, restoration, or enhancement of a natural resource where the regulatory process 9~)203 99,~)3.(XXX)I sa~ 17314'h5 (2) E-5 involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. Class 8: Actions By Regulatory A~.encies For Protection Of the Environment. Class 8 consists of actions taken by regulatory agencies, as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. Class 9.: Inspections. Class 9 consists of activities limited entirely to inspections, to check for perl'ormance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Class 10: I.oans. Class 10 consists of loans rn:~dc by the Department of Veterans Aflhirs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 10 includes but is not limited to the following examples: (a) Loans made by the Department of Veterans Affairs under the Veterans Farm and Ilorne Purchase Act of 1943. (b) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Tc:~chcrs Retirement System. Class 11: Accessory ,qlrl~clures. Class 11 consists o1' construction, or placement of minor structures accessory to (appurtcnant to) existing commercial, industrial, or institutional fi~cilitics. including but not limited to: (a) On-premise signs; (b) Small parking lots; (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable rest rooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. Class 12: Surplus Government Property Salcs~ Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern as set forth in section (d) of Appendix D of these Guidelines. Ilowcvcr, if the surplus property to bc sold is located in such areas, its sale is exempt if: E-6 (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Any of the following conditions exist: (I) Tile property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or (2) The property to be sold would qualify for an exemption under any other class of categorical exernption in these Guidelines; or (3) The use of the property and adjacent property has not changed since tile time of purchase by the public agency. Class 13: Acquisition Of I.ands For Wildlife Conservation Purposes. Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlif~ habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public lands and waters wilere the purpose of tile acquisition is to preserve the land in its natural condition. Class t4: Minor Additions To Schools. Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten classrooms, whichever is less. The addition of portable classrooms is included in this exemption. Class 15: Minor l.and l)ivisions. Class 15 consists of the division of property in urbanizod areas zoned for residential, conlmercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required. :ill services and access to the proposed parcels to local standards are available, tile parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20%. "Urbanized area" is defined in Class 1 above. Class 16: Transfer Of Ownership Of Land In Order To Create Parks. Class 16 consists of the acquisition or sale of land in order to establish a park wilere the !and is in a natural condition or contains historic sites or archaeological sites and either: (a) 'The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposcd that ',,viii cllange the area from its natural condition or significantly change tile historic or archaeological site. 9~}203 ~F/~}3.(X~(}I ~a~ 1731496 (2} E-7 Class 17: Open Space Contracts Or Easements. Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests, or easements is not included in this exemption and will normally be an action subject to the CEQA process. Class 18: Designation Of Wilderness Areas.. Class 18 consists of the designation of wilderness areas under the California Wilderness System. Class 19: Annexations Of Existing Facilities and l.ots For Exempt Facilities. Class 19 consists of only the following annexations: (a) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pro-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing filcilities. (b) Annexations of individual small parcels of tile minimum size for filcilities exempted under Class 3 above. Class 20: Chant~es In OrRanization Of l~ocal Agencies. Class 20 consists of changes in the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (a) Establishment of a subsidiary district. (b) Consolidation of two or more districts having identical powers. (c) Merger with a city of a district lying entirely within tile boundaries of tile city. Class 21: Enforcement Actions. Class 21 consists of actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or cnfi)rcement of a law, general rule, standard, or objective, adtninistered or adopted by the regulatory agency. Such actions include, but are not limited to, the following: (a) The direct referral of a violation of lease, permit. license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. 0~203 9'~XI)4'XXX)I saq 17314'~} (2) F_.-8 (b) The adoption of an administrative decision or order enforcing or revoking the lease. permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. (c) Law enforcement activities by peace officers acting under any law that provides criminal sanction. Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. Class 22: Educational Or Training Programs Involving No Physical Changes. Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited to: (a) Development of or changes in curriculum or training methods. (b) Changes in the grade structure in a school which do not result in changes in student transportation. Class 23: Normal Operations Of Facilities For Public Gatherings. Class 23 consists of the normal operations ofexisting fimilities for public gatherings l~r which the facilities were designed, where there is a past history of the facility being used for the same kind of purpose. For purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring fi>r at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of tile fitcility. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planctariums, swimming pools and amusement parks. Class 24: Regulation Of Working Conditions. Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of tile following: (a) Employee wages, (b) tlours of work, or (c) Working conditions where there will be no demonstrable physical changes outside the place of work. Class 25: Transfers Of Ownership Of Interests In l,and To Preserve Open Space. Class 25 consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to: 9802(13 ~,~,"X)34XXX)I ~a',, 17314~ (2) E-9 (a) (b) (c) (d) Acquisition of areas to preserve the existing natural conditions. Acquisition of areas to allow continued agricultural use of the areas. Acquisition to allow restoration of natural conditions. Acquisition to prevent encroachment of development into flood plains. Class 26: Acquisition Of l[ousing For Ilousing Assistance Programs. Class 26 consists of actions by a redevelopment agency, housing autliority, or other public agency to implement an adopted Ilousing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all rcquircd pern~its for construction when the agency makes its final decision to acquire the units. Class 27: I.casing New Facilities. Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned fimility by a local or state agency where the local govern- ing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility: (a) Shall be in conformance with existing state plans and policies and with general, comnmnity, and specific plans for which an EIR or Negative Declaration has been prepared, (b) Shall be substantially tile same as that originally proposed at the time the building permit was issued, (c) Shall not result in a iraflit increase of grcatcr than 10% of front access road capacity, and (d) Shall include tile provision of adequate employee and visitor parking facilities. Examples of projects within Class 27 include but are not limited to: (1) Leasing of administrative offices in newly constructed office space. (2) Leasing of client service offices in newly constructed retail space. (3) Ixasing of adnlinistrativc and/or client service offices in newly constructed industrial parks. Class 28: Small I lydroclcctric Projects At Existing Facilities. Class 28 consists of tile installation of hydroelectric generating fitcilities in connection with existing dams, canals, and pipelines wilere:: 98112(I.1 9~)'XF-O~I~X)I ~a'~ 17314~N~ (2) E-10 (a) The capacity of the generating facilities is 5 megawatts or less. (b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: (1) Rate and volume of flow, (2) Temperature, (3) Amounts of dissolved oxygen to a degree that could adversely afl~:ct aquatic life, and (4) Timing of release. (c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. (d) Repair or reconstruction of the diversion structure will not raise tile normal maximum surface elevation of the impoundment. (e) Tilere will be no significant upstream or downstream passage of fish affected by tile project. (0 The discharge from tile power house will not be located more than 300 feet from tile toe of tile diversion structure. (g) 'File project will not cause violations of applicable state or federal water quality standards. (h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in tile National Register of l[istoric Places, and (i) Construction will not occur in tile vicinity of any endangered, rare or threatened species. Class 29: Cogeneration Projects At Existing Facilities. Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting tile conditions described in this section. (a) At existing industrial fiicilitics, tile installation of cogeneration fi~cilities will be exempt ,,vilere it will: (1) Result in no not incrcascs in air emissions from the industrial fi~cility. or will produce emissions lower than tile amount that would require review under tile new source review rules applicable in the county, and 9~)203 99'XB-O(XX)I ~a~ 1731496 (2) E-11 (b) (2) Comply with all applicable state, federal, and local air quality laws. At commercial and institutional facilities, the installation of cogeneration fi~cilities will be exempt if the installation will: (I) Meet all the criteria described in subsection (a), (2) Result in no noticeable increase in noise to nearby residential structures, and (3) Bc contiguous to other commercial or institutional structures. 9~)20.'1 ~',~I.I-~XX)I aan 1731406 (2) E- 12 APPENDIX F LIST OF STATUTORY EXEMPTIONS The tollowing is a partial list of statutory exemptions which are available pursuant to the Public Resources Code § 21080 et seq, State CEQA Guidelines Sections 15260 et seq., and other provisions of state law, as listed below, which should be referred to whenever additional detail or clarification is necessary. This list is not exclusive. This list is provided for convenience, tberefore if there is any conflict between this list and state law, the state law controls. A similar list may be found in State CEQA Guidelines Section 15282. 1. Ministerial projects proposed to be carried oug or approved by public agencies. 2. Emergency repairs to public service facilities necessary to maintain service. Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in wbicb a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division I of Title 2 of the Government Code. Specific actions necessary to prevent or mitigate an emergency. Projects which a public agency rejects or disapproves. A project for tim institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations an parking facilities. A project for tile institution or increase of passenger or commuter service on high- occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.' Facility extensions not to exceed four miles in length which are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services. Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5 of tile F'ublic Resources Code. Any site-specific effect of the project which was not analyzed as a significant cfli.:ct in thc plan or other written documentation required by Section 21080.5 is not exempt from the requirements of CEQA. 9~(1203 9~X)3-(XXlOI ~.~ 17314~* (2) F- 1 10. 11. 12. 13. 14. 15. 16. 17. 18. A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission, has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities. A project of less than one rnile in length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline. For purposes of this paragraph, "pipeline" includes subsurface fi~cilitics but does not include any surface fimility related to the operation of the underground facility. Adoption by a city or county of an ordinance to implement the provisions of Sections 65852.1 or 65852.2 of the Government Code, regarding second units in residential zones. The conversion of an existing rental mobile home park to a resident-initiated subdivision, cooperative, or condominium for mobile homes if the conversion will not result in an expansion of or change in existing use of tile property. Local agencies are exempt from the requirement to prepare an EIR or negative declaration on the adoption of timberland preserve zones under Government Code Sections 51100 et seq. A time extension granted by tile Off'ice of Harming and Research for the preparation or adoption of one or more elements to a general plan. The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges for the purpose of: (1) meeting operating expenses, including employee wage rates and fringe benefits: (2) purchasing or leasing supplies, equipment, or materials; (3) meeting financial reserve needs and requirements; (4) obtaining funds for capital projects, necessary to maintain service within existing service areas: or (5) obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter. Rate increases to fund capital projects for the expansion of a system remain subject to CEQA. The public agency seeking use of this exemption shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption. The excavation and disposal of Native American human remains pursuant to Section 5097.98 of the Public Resources Code. The adoption of a local ordinance cXCmF~ting a jurisdiction from solar shade control requirements pursuant to Section 25985 of the Public Resources Code. 0~()2()3 99~)~)3-0(xx)1 s.lq 17314~ (2) F-2 19. Approval by a local agency of a large family day care home pursuant to Section 1597.46 of the Health & Safety Code. 20. Any project which only involves the rcpiping, redesign, or use of reclaimed water by a nonresidential structure necessary to comply with a requirement issued by a public agency pursuant to Section 13554(a) of the Water Code. This exemption shall not apply to any project to develop reclaimed water, to construct conveyance fimilities for reclaimed water, or any other project not specified in Section 13554(a) of the Water Code. 21. A project involving the construction of housing or neighborhood commercial fi~cilitics in an urbanized area that is covered by a specific plan prepared pursuant to Government Code Section 65450 et seq. for which an EIR was prepared and certified, provided certain findings are made pursuant to Public Resources Code Section 21080.7. 22. Any r;filroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation. 23. A proposal to establish, revise or adopt regional housing needs for tile share of housing needs of persons or all income levels for a city or county by the Department of Ilousing and Community Development, and any recommendation by a city or county for a revision to such proposal pursuant to Govcrnnmnt Code Section 65584. 24. Any actions necessary to bring a city general plan or one or more elements thereof into compliance with any court order or judgment pursuant to Government Code Section 65759. 25. A temporary change in the point of diversion, place or use or purpose of tile use of water duc to a transfer or change of water rights under certain limited circumstances spccilicd in California Witter Code Section 1725 c_t sc.._~t. 26. The adoption or amendment of a nondisposal fimility clement pursuant to Section 41730 ct seq. of the Public Resources Code (Public Resources Code Section 71735). 27. The adoption or amendment o1' an Urban Water Management Plan pursuant to Seclion 10610 e_[ [eq. of the California Water Code (Water Code Section 10851) or to the adoption or amendment of a groundwater plan pursuant to Section 10750 e_[ [eq. of the California Water Code (Water Code Section 10851). 28. A project involving the construction, conversion or use of residential housing filr agricultural employees under certain circumstances pursuant to Public Resources Code Section 21080. I0 and State CEQA Guidelines Section 15279. 17314,t6 F-3 29. 30. 31. A project involving the construction, conversion or use of 45 or more units of low income residential housing provided all conditions of Public Resources Code Section 21080.14 and State CEQA Guidelines Section 15280 are satisfied. A project for restriping streets or highways to relieve traffic congestion. The adoption of a local coastal program or a long range land use development plan pursuant to Division 20 of the Public Resources Code. C~ty of Rancho Cucamonga Planning O~w$ion (909) 477-2750 APPENDIX G ENVIRONMENTAl_ INFORMATION FORM (Part I - Initial Study) The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City policies, ordinances, and . guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. GENERALINFORMA~ON: INCOMPLETE APPLICATIONS WILL NO T BE PROCESSED. Please note that it is the responsibility of the appficant to ensure that the application is complete at the time of submittal,' City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains Project Title: Name & Address of project ownor(s).' Name & Address of developer or project sponsor' Contact Person & Address.' Telephone Number.' Name & Address of person preparing this form (if different [rom above) Telephone Number.' INITSTD 1 .WPD - 4/96 Page lof10 ?5 PROJECT INFORMATION & DESCRIPTIONi' Information indicated by astedsk (') is not required of non-construction CUP's unless otherwise requested by staff. "1) Provide a full scale (8.1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and #]dicate the site boundaries. ProvMe a set of color photographs which show representative views into tt~o site from the north, south, east and west; views into and from the site from the pdmary access points which serve the site; and representative views of significant features fran7 the site. Include a map showing location of each photograph. 3) Project Location (describe): 4) Assessors Parcel Numbers (attach additional sheet if necessary)' °5) Gross Site Area (ac/sq, ft.): '6) Not Site Area (totals/to size minus area of public streets & proposed dedications).' 7) Describe any proposed general plan amendment or zone change which would affect Iho project silo (attach additional sheet if necos,'iary: 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: INITSTD1.WPD - 4/96 Page 2 of 10 Descdbe the physical setting of the site as it exists before the project k~cluding information on topography, soft stab#ity, plani's and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In additior: site all sources of information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): 10) Doscn'bo the known cultural and/or histon'cal aspects of the s/to. S~to all sources of information (books, published reports and oral history): 11) Doscn'bo any noise sources and their levels that OJDE effect the site (aircraft, roadway noise, etc.) end how they will aftoct proposed uses: INITSTD1 .WPD - 4~96 Page 3 of 10 12) Describe the proposed project in detail, This should provide an adequate description of the site in tenms of ultimate use which will result from the prosed project. Indicate if there are proposed phases for development, the extent of development to occu," with each phase, and the anticipated completion of each increment, Attach additional sheet(s) if necessary.' ~3) Doscnbo the surrounding properties, including information on plants and animals end any cultural, historical, or scenic aspects Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.) and scale of development (height, fronta.<To, setback, rear yard, etc).' 14) Will the proposed project change the pattern, scale or character o! the surrounding general area of the project ? 15) Indicate the type of short-term and long-term noise to be generated, /ncluding source and amount. How will these noise levels aftoct adjacent properties and on-site uses. What methods of sound proofing are proposed? 0N INITSTD1.WPD - 4/96 Page 4 of 10 '16) Indicate proposed removals and/or replacements al malure or scenic trees.' 17) Indicate any bodies of water (includfi]g domestic water suppries) fi']to which the site drains: 18) Indicalo expected amount of water usage. (See Attachment A for usage estimates). For further clantication, please contact the Cucamonga County Water Distn'ct at 987-25g 1 a. Residential (gallday) b. Commorciab?nd. (gal/day/ac) 19) Indicate proposed method of sewage disposal. Peak use (gab'Day) Peak use (gal/m~n/ac) Septic Tank~ Sewer. If septic tanks ere proposed. attach parcolaban tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarffication, please contact the Cucamonga County Water Distdc! at 987-2591. a. Residential (gallday) b. Commercial/ind. (gal/day/ac) RESIDENTIAL PROJECTS: 20) Number of residential units: Detached (indicate range of parcel sizes, minimum lot size and maximum lot size: INITSTD1 .WPO - 4/96 Page 5 at 10 Attache~ (indicate whether units are rental or for sale units)' 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ Rent (per month) $ 22) Specify number of bedrooms by unit type.' to $ to 23) Indicate anticipated household size by unit type,' 24) Indicate the expected number of school children who will be reszd~ng withh7 the project.' Distncts as shown in Attachmonl B: a, Elementary: b. Junior High: Senior High COMMERCIAL. INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Descn'be type of use(s) and major function(s) of commercial. industrial or institutional uses: Contact the appropriate School 26) Total floor area of commercial, industrial, or institutional uses by type: INITSTDI.WPD - 4/96 Page 6 of 10 /~,~(~ 27) Indicate hour~ of operation: 28) Number of employees,' Total: Maximum Shift: Time of Maximum Shift: Provide breakdown of anticipated job classifications. inchzding wage and salao/ ranges, as well as an #~dication of the rate of/tire for each classification (attach additional sheet if necessary): 30) Estimation of the number of workers to be hired that currently resMe in the City: '3 I) For commercial and industrial uses only, indicate the source, type and amount of air pollution omissions, (Data should be verified through the South Coast Air Quahty Management Distrfct, at (818) 572-6283): AI.I. PROJECTS 32) Have the waler, sewer, fire, and flood control agencies serving the project been contacted to determine their ebility to provide adequate service to the proposed project? If so, please indicate their response. INITSTD1 .WPD - 4/96 Page 7 at 10 /I~'~)/~. ~ 33) In the known histoo/ of this property, has there been any use. storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and descdbe their use, storage. and/or discharge on the property, as well as the dates of use. i~' known. 3~) Will the proposed project h~volvo the temporary or long-lenin use. storage or discharge of hazardous and/or toxic materials. including but not limited to those examples fisted above ? If yes. provide an inventory of all such matehals to be used and proposed method of disposal. The location of such uses. along with the storage and shipment areas. shall be shown and labeled on the appfication plans. I hereby certil~/that the slalomants furnished above and in the attached exhibits present the data and #~formation required for adequate evalualion of lhis project to the best of my ability, Ihat the facts. statements. and info~rnation presented are true and con"oct tot he best of my knowledge and belief. I further undor~tand that additional infamyarian may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date.' Signature,' Title,' INITSTD 1.WPD - 4/96 Page 8 of 10 ATTACHMENTA Water Usaqe Average use per day Residential Single Family Apt/Condo Commercial/Industrial General and Regional Commercial Neighborhood Commercial General Industrial Industrial Park Peak Usage For all uses Average use x 20 600 gallday 400 gallday 3000 gal/day/ac 1500 gal/day/ac 1500 gal/day/ac 3000 gal/day/ac Sewer Flows Residential Single Family Apt/Condos Commercial/Industrial General Commercial Neighborhood Commercial General Industrial Heavy Induslrial Source: Cucamonga County Water District Master Plan, 9/86 270 gal/day 200 gallday 2000 gal/day/ac 100-1500 gal/day/ac 2000 gal/day/ac 3000 gal/day/ac INITSTD 1 .wPr) . 4/96 Page 9 of 10 ATTACHMENT B Contact the school district for your area for amount and paymenI of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (9(3,9) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 59.";9 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909) 988-8511 INITSTD 1 .WPD - 4/96 Page 10 o~ 10 /- CIIY OF RANCHO CUCAMONGA - MEMORANDUM DATE,: TO: FROM: SUBJECT: August 13, 1990 Applicants Dan Coleman, Principal Planner HAZARDOUS WASTE AND SUBSTANCE SITES Effective July 1, 1987, Government Code Section 65962.5 requires each applicant for any development project to consult the State list of Hazardous Waste and Substance Sites. Based upon this list (available from the Planning Division) the applicant is required to submit a signed statement to the City of Rancho Cucamonga indicating whether the project is located on a site which is included on the list before the City accepts the application as complete. I1: the project site is listed by the State as a hazardous waste or substance site, the applicant must fully describe the nature of lhe hazard and the potential environmental impacts on the Initial Study, Part I. Attached is a standard statement for the applicant to sign. The State list of Hazardous Waste and Substance Sites may be reviewed at the City of Rancho Cucamonga Planning Division offices, located at 10500 Civic Center Drive. Attachment: Statement Form HAZARDOUS WASTE SITE STATEMENT I have been informed by the City of Rancho Cucamonga of my responsibilities pursuant to California Government Code Section 65962.5 (copy attached) to notify the City as to whether the site for which a development application has been submitted is located within an area which has been designated as the tocation of a hazardous waste site by' the Office of Planning and Research, State of California (OPR). I have also been informed by the City of Rancho Cucamonga that, as of the date of executing this Statement, OPR has not yet compiled and distrubted a list of hazardous waste sites as required by said Section 65962.5. I am informed and believe that the proposed site for which a development application has been submitted is not within any area specified in said Section 65962.5 as a hazardous waste site. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Dated: Applicant APPENDIX H SUBJECT: Dear Your appliication for the above referenced project has been reviewed for completeness and accuracy of filing. As a result of the review, the project application has been found to be incomplete for processing. Attached please find a list outlining additional information needed prior to finding the application complete, non-conformities with development standards, and major design issues. Further processing of your project cannot begin until, at a minimum, the Completeness Items are submitted and the application accepted as complete However, to expedite processing of your project, it is recommended that all issues on the attached list be addressed now. Submit eight copies of the revisecl application to the Planning Division. The applicant must submit the information and/or plans necessary' to make the application complete within 60 days of the date of this letter. Failure to submit within this time limit may result in denial of your application. This decisiion regarding the incomplete status of your application shall be final following a ten-day appeal period beginning with the date of this letter. Only Completeness Items may be appealed at this time. A written statement of reasons for the appeal must be submitted to the Planning Commission Secretary and be accompanied by a $62 appeal fee. Should you have any questions regarding the review process, or if we can be of further assistance, please feel free to. contact the project planner, · , at (909) 477-2750, Monday through Thursday from 7:00 a.m. I:o 6:00 p.m. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Dan Coleman Principal Planner Attachment cc: Dan James, Senior Civil Engineer Karen Mosley, Public Svc. Tech. I /¢ ? FILE NO.: (COMPLETENESS COMMENTS) NOTE: This information is provided to assist in the preparation of a development package complete for processing. Additional information or comments may be necessary based upon a more thorough analysis during the Development Review Process. Planning Division (909) 477-2750: A. Completeness Items - Additional information that must be submitted prior to finding the application complete: 1. B, Technical Issues - The following preliminary technical issues are minimum code requirements which must be satisfied before the project can be recommended for approval to the Planning Commission. It is recommended that these issues be addressed in the revised plans: 1. C. Design Issues - The following are preliminary design issues that are recommended to be addressed in the revised plans: 1, II. Engineering Division (909) 477-2740: A, Completeness: 1. B. Issues: 1. III. Building and Safety Division ('909) 477-2710, ext. 2233: IV, Fire Prevention/New Construction Unit (909) 477-2710. ext, 2202; I:~FINAL\FORMS\FORMLTRS\INCOMPARFRM Initial Study for <Insert Project Name> APPENDIX I City of Rancho Cucamonga Page 1 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: 2. Related Files: 3. Description of Project: 4. Project Sponsor's Name and Address: 5. General Plan Designation: 6. Zoning: 7. Surrounding Land Uses and Setting: 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: (909) 477-2750 10. Other agencies whose approval is required: ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. Initial Study for <Insert Project Name> City of Rancho Cucamonga Page 2 ( ) Land Use and Planning ( ) Population and Housing ( ) Geological Problems ( ) Water ( ) Air Quality ( ) Transportalion/Circulation ( ) Biological Resources ( ) Energy and Mineral Resources ( ) Hazards ( ) Noise ( ) Mandatory Findings of Significance ( ) Public Services ( ) Utilities and Service Systems ( ) Aesthetics ( ) Cultural Resources ( ) Recreation DETERMINATION On the basis of this initial evaluation: () I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. () I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project, or agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT' is required. () I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based upon the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." An ENVIRONMENTAL IMPACT REPORT' is required, but must analyze only the effects that remain to be addressed. () I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signed: <Name> <Title> <Date> EVALUATION OF ENVIRONMENTAL IMPACTS Pursu;~nt to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," and "Less Than Significant Impact" answers, including a discussion of ways to mitigate the significant effects identified. /ID Initial Study for <Insert Project Name> City of Rancho Cucamonga Page 3 Ilsuel Ird SuODorhn~ Ir~on'~el~)r~ SO~Cll LAND a) b) c) d) $ ~ln~Canl USE AND PLANNING. Would the proposal: Conflict with general plan designation or zoning? ( ) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) Be incompatible with existing land use in the vicinity? ( ) Disrupt or divide the physical arrangement of an established community? ( ) Comments: S~gn~fc&nl Then $~ne~..ant () () ( () () ( () () ( () () () POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? Displace existing housing, especially affordable housing? c) Comments: M,t,OiI,O~ () () () () () () () () () () () () GEOLOGIC PROBLEMS. Would the propose! result in or expose people to potential impacts involving.' a) Fault rupture? Le,~* Then S,gmf,ca.~t () () () () /// Initial Study for <Insert Project Name> b) c) d) e) 0 g) h) i) Seismic ground shaking? Seismic ground failure, including liquefaction? Seiche hazards? Landslides or mudflows? Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? Subsidence of the land? Expansive soils? Unique geologic or physical features? Comments: City of Rancho Cucamonga Page 4 () () () () Imp~:! Un~ss () () () () Than () () () () No () () () ( () () () () () () () () Ill~l ~ $u~o~l,ng Intotrail,On Sou'oil WATER. a) b) c) d) e) g) Will the proposal result in: Changes in absorption rates, drainage patterns, or the rate and amount of sudace water runoff? Exposure of people or property to water related hazards such as flooding? Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? Altered direction or rate of flow of groundwater? () () () () () () () () () () () () () () () () () () () () () NO () () () () () () () Initial Study for <Insert Project Name> City of Rancho Cucamonga Page 5 I$$ue~i ~ $up~Ort~ Irffocrnal~ So~'ce~ h) i) Imp~¢l' Impacts to groundwater quality? ( ) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ( ) Comments: No Imj~ct () () () () () IIIuel a~d Supp0~l~g Info, mail,o,'3 AIR QUALITY, Would the proposal.' a) b) c) d) Violate any air quality standard or contribute to an existing or projected air quality violation? ( ) Expose sensitive receptors to pollutants? ( ) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) Create objectionable odors? ( ) Comments: Impact Lell No () () () () () () () () () () () () TRANSPORTATION/CIRCULATION. Would the proposal result in.' a) Increased vehicle trips or traffic congestion? ( ) b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e,g., farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedestrians or bicyclists? ( ) po~e,r~mlly Im p~l Un~e~e Then () () () () () () No () () () () () () () () () Initial Study for <Insert Project Name> City of Rancho Cucamonga Page 6 0 Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail or air traffic impacts? Comments: Polenl,all-f S*~tn ~'cant Unle,I t Than () () () () () () () () and Sul~o~,¢~l Inf~'met~'q So~cel S~lna~ln! BIOLOGICAL RESOURCES. Would the proposal resufi in impacts to: a) Endangered, threatened, or rare species or their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees, eucalyptus windrow, etc.)? c) Locally designated natural communities (e.g., eucalyptus grove, sage scrub habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors"? Comments: S¢,f<4nl Impact LIIII Until Than () () () () () () () () () () () () () (), No Irnp4rl o ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? b) Use non-renewable resources in a wasteful and inefficient manner? PCenl,ally $~anl Than S~n~llnt () () () () () () () () No Initial Study for <Insert Project Name> City of Rancho Cucamonga Page 7 c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Comments: () () () () o liSZt a~d Sulpl:x~l~ Info~ma~q HAZARDS. a) b) c) d) e) Would the proposal involve.' A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? ( ) Possible interference with an emergency response plan or emergency evacuation plan? ( ) The creation of any health hazard or potential health hazard? ( ) Exposure of people to existing sources of potential health hazards? ( ) Increased fire hazard in areas with flammable brush, grass, or trees? ( ) Comments: UnWm,~,l Than M,I,g ~,1,o~S~gn,f~4mnl () () () () () () () () () () () () () () 10. lieuill ll'~ ~Ul)l)Od~ Informliho~ S,o~cem NOISE. Will the proposal result in,' a) Increases in existing noise levels? b) Exposure of people to severe noise levels? Comments: ImDn~. Llll () () () () () () () () //5; Initial Study for <Insert Project Name> 11. end Supporl.'~g Info~'me~.,'l ~;ou~ca$ PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas.' a) b) c) d) e) Fire protection? ( ) Police protection? ( ) Schools? ( ) Maintenance of public facilities, including roads? ( ) Other governmental services? ( ) Comments: City of Rancho Cucamonga Page 8 () () () () () () (i () () () () () () () () 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utihties; a) b) c) d) e) 0 g) Power or natural gas? Communication systems? Local or regional water treatment or distribution facilities? Sewer or septic tanks? Storm water drainage? Solid waste disposal? Local or regional water supplies? Comments: S,gn,~,canl S,gna,c.e,nl Impact Leee M,t,gal,~q S ,,gn d,ce~tNo () () () () () () () () () () () () () () () () () () () () () () () () Initial Study for <Insert Project Name> City of Rancho Cucamonga Page 9 13. AESTHETICS. Would the proposal.' a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Comments: () () () () () () () () () ()~ () 14. CULTURAL RESOURCES. Would the proposal.' a) b) c) d) e) Disturb paleontological resources? ( ) Disturb archaeological resources? ( ) Affect historical or cultural resources? ( ) Have the potential to cause a physical change which would affect unique ethnic cultural values? Restrict existing religious or sacred uses within the potential impact area? Comments: () () LIII () () () () () () () () () () () 15. RECREATION. Would lhe proposal: a) Increase the demand for neighborhood or regional parks or other recreational facdities? b) Affect existing recreational opportunities? Comments: () () Imp~ () () Th~n () () () () //'7 Initial Study for <Insert Project Name> City of Rancho Cucamonga Page 10 16. Im Ola~l MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten t~) eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ( ) ( ) ( ) ( ) b) Short term: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time. Long-term impacts will endure well into the future.) () () ( ) () c) Cumulative: Does the project have impacts that are individually limited, but cumulatively' considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projectst) ( ) ( ) ( ) ( ) d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ( ) ( ) ( ) ( ) Comments: EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following Initial Study for City of Rancho Cucamonga <Insert Project Name> Page 11 earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): ( ) General Plan EIR (Certified April 6, 1981) ( ) Master Environmental Assessment for the 1989 General Plan Update (SCH ¢¢88020115, certified January 4, 1989) ( ) Industrial Area Specific Plan EIR (Certified September 19, 1981) ( ) Industrial Area Specific Plan, Subarea 18, EIR (SCH ¢¢93102055, certified June 15, 1994) ( ) Victoria Planned Community EIR (Certified May 20, 1981) ( ) Terra Vista Planned Community EIR (SCH #81082808, certified February 16, 1983) ( ) Foothill Boulevard Specific Plan EIR (SCH #87021615, certified September 16, 1987) ( ) Etiwanda Specific Plan EIR (SCH #82061801, certified July 6, 1983) ( ) Etiwanda North Specific Plan EIR (SCH #89012314, certified April 1, 1992) ( ) Other: ( ) Other: APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Signature: Print Name and Title: Date: I:\FINAL\C EQA\INSTUDY.PT2 MITIGATION MONITORING CHECKLIST Project File No.: Initial Study Prepared by: Mitigation Measures No. I Implementing Action Land Us~d Pl~i~nln~ '"~ '" ~" ~' ~ ~"-' ......~'~"'""~'~ ~"~ Population and Housing Geologic Problem~ Water Air Quality TransportaUon/Circulatlon Biological R~ources ~ Energy and Mineral Resources Noise APPENDIX J (INITIAL STUDY PART Applicant: Date: Responsible for Monitoring Monitoring Timing of Method of Frequency Verification Verification Verified Date/Initials Sanctions for Non-Compliance Mitigation Measures No. I Responsible Implementing Action for Monitoring Utilities arid Service Systems Cultural Resources~ RecreatJon;;i-= :i ". '= Mandatory Findings of Significance Monitoring Timing of Frequency Verification Method of Verified Sanctions for Verification Date/Initials Non-Compliance Key to Checklist Abbreviations Monitoring Frequency ~ * A - W~h Each New Development B - Prior To Construction C - Throughout Construction D - On Completion E - Operating I:~FINAL~C E OA~,IM CHKLST.WP D Meb'md of Verification .. ,- On-site Inspection Other Agency Permit I Approval Plan Che(:A Separate Subinitial (Reports ! Studes / Plans) Responsible Person COD - Community Development Director CP - City Planner or designee CE - City Engineer or designee BO - Building Official or designee PO - Poise Captain or designee FC - Fire Chief or designee Sanctions 1 - W~thhold Recordation of Final Map 2 - WP, hhold Grading or Building Permit 3 - W~thhold Certificate of Occupancy 4 - Stop WoA Order 5 - Retain Deposit or Bonds 6 - Revoke CUP 7 - Other City of Rancho Cucamonga MITIGATION MONITORING REPORTING FORM This form was completed in accordance with the California Environmental Quality Act Section 21081.6 of the Public Resources Code. Project File No.: Phase No.: Mitigation Measure # and Summary: Method of Verification: 1--1 On-site Inspection by l'-I Plan Check [] Other Agency PermitJApproval l'-I Separate Submittal Disposition: I-'1 Mitigation measure implemented, No further action is required. Mitigation measure is not fully implemented, Further action required (please explain below), Mitigation measure is not in compliance, Further action and/or sanctions required (please explain below). Comments/Revisions: Sanctions: [~ Withhold Recordation of Final Map [] Withhold Certificate of Occupancy [~] Revoke CUP [] Other (please explain): [-'1 Withhold Grading or Building Permit [] Stop Work Order Issued [] Retain Deposit or Bonds Completed By: Date: I:\FINAL~CEQA~4MREPORT.WPD APPENDIX K NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors County of San Bernardino 385 N. Arrowhead, 2nd Floor San Bernardino, CA 92415 FROM: City of Rancho Cucamonga P. O. Box 807 Rancho Cucamonga, CA 91729 Project Title: ° Project Location - Specific: ' Project Location - City: Rancho Cucamonga Project Location - County: San Bernardino Description of Project: ' Name of Public Agency Approving Project: ' Name of Person or Agency Carrying Out Project: ' Exempt Status (Check one) Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); ._ Emergency Project (Sec. 21080(b)(4); 15269(b)(c) Reasons Why Project is Exempt: ' Lead Agency Contact Person: ° Area Code/Telephone/Extension: ° If Filed by Applicant 1,. Attach ced, ified document of exemption finding. ;!. Has a notice of exemption been filed by Ihe public agency approving the project? Yes_ No_ Signature: Date:" Title: APPENDIX L City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Project Name: Project Location (also see attached map): Project Description: Public Review Period Closes: Project Applicant: FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: The Initial Study shows Ihat there is no subslantial evidence that the project may have a significant effect on the environment. [] The Initial Study identified potentially significant effects but: (1) (2) Revisions in the project plans or proposals made or agreed to by the applicant before Ihis proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and There is no substantial evidence before Ihe agency that Ihe projecl as revised may have a significant effect on Ihe environment. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. Date of Determination Adopted By APPENDIX M NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION TO: FIELD(name) FROM: FIELD(company) FIELD(address) FIELD(city) City of Rancho Cucamonga Planning Division P.O. Box 807 Rancho Cucamonga, CA 91729 The City of Rancho Cucamonga hereby gives notice that pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the staff has analyzed the request for PROJECT NAME: PROJECT LOCATION: ' PROJECT DESCRIPTION: After reviewing the Initial Study and any applicable mitigating measures for the project, the staff has determined that this project will not have a significant effect on the environment. Accordingly, a NEGATIVE DECLARATION has been prepared. A public hearing will be held by the Planning Commission to consider this proposed NEGATIVE DECLARATION on , at 7:00 p.m. at Rancho Cucamonga Civic Center, Council Chamber, 10500 Civic Center Drive, Rancho Cucamonga. Public comments on the Negative Declaration will be received by the City beginning on , through Copies of all relevant material, including the project specifications and all documents referenced in the Negative Declaration, are available for public inspection at Rancho Cucamonga Civic Center, Planning Division, 10500 Civic Center Drive, Rancho Cucamonga. The project site __ is __ is not listed on any list of hazardous waste sites prepared pursuant to Government Code Section 65962.5. Any information contained in a Hazardous Waste Substances Statement is attached to this Notice. Date: By: Associate Planner (Title) APPENDIX N CITY OF RANCHO CUCAMONGA NOTICE OF PREPARATION TO: FROM: SUBJECT: Notice of Preparation of a Draft Environmental Impact Report will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The project description, location, and the probable environmental effects are contained in the attached materials. A copy of the Initial Study __ is, __ is not, attached. Because of the time limits mandated by State law, your response must be sent at the earliest possible date, but not later than 30 days after receipt of this notice. Please send your response to address shown above. We will need the name for a contact person in your agency. at the PROJECT TITLE: PROJECT APPLICANT, IF ANY: DATE: SIGNATURE TITLE TELEPHONE Reference: California Administrative Code, Title 14, Sections 15082(a). 15103, and 15375. h~FINAL\CEQA\NOTPREP.FRM APPENDIX O NOTICE OF COMPLETION Office of Planning and Research State of California 1400 Tenth Street Sacramento, California 95814 Project Title Project Location - Specific Project Location - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Division Address Where Copy of EIR is Available Review Period Contact Person Area Code l'hone Extension 9~1203 9~)03-01X)01 ~a.q 1731496 (2) 0-1 I'd? Se~ ~OTE b~k~w SCH ~ Nolice of Completion Form A Mail to: State CIc~inghousc, 1400 Tenth Street, Sacrmncnto. CA 95814 916/445-0613 Project Title: l.cad Agency: Street Address: City: Zip: I'rojcct Location County: Cross Streets: Assessor's I'arccl No. Within 2 Miles: City/Nearest Community: Zip Code: Section: 'IMp. Slate Ilwy #: Watcn~ays: . Airporls: Railways: I)ocumcnt l'ypc CEQA: I-1 NOP [] Early Cons ff'l Ncg Dec [] [)raft E[R [] Supplement/Subsequent [] Jill( (l'rior SCII No.) [] Other NI(PA: [] N(S[ Contact Person: Phone: County: Schools: Other: [] EA [] [)raft ElS [] [:ONSI Total Acres: Rangc:.~ Ba.sc: [_q $oint Document [] Final Document [] Other !.ocal Action Type [] General Pl~ Update [] Specific Plan [] Gcncrat Plan Amendment [] Master Plan [] General Plan Element [] Planned Unit Development [] Community Plan [] Site Pl:m {".] Rczonc [] Prczonc [] Use Permit [] [.and Division Suhd~vislon P~rc¢l M,ap. Tract Map. c~c,) [] Annexation [] Redevelopment [] Coastal Permit [] Other l)cvclop~ncnt lypc E'] Residential: I/nits Acres [~] ()lficc: Sq. It, Acrcs~ C] Commercial: Sq. II. Acres .... [.] Industrial: Sq. fl. Acrcs~ l.} I';ducation [.3 Recreational Emph))ccs~ I'implo)'ccs ['~mployccs [] Water Facilities: Type MGI)._~ [] 'l'ransporlalion: Type [] Mining: Mineral [] I'owcr: Type Watts ~ Waste Trcalmcnt: Type [] Ilazardous Wn.slc: 'l'ypc [] Other: i'rojcct Issues Discu:sscd In Document [] Aesthetic/Visual [] Agricultural [.and U Air Quality [] Archcological/l listorical 0 Flood I'lain/Flooding [2] Forest I,and/Firc l lazard [] GcologidS¢ismic [] Miner:ils [] Coastal Zone [] Noise tU Drainage/Absorption [] Population/llousing [}alancc [] Economic/Jobs I"l Public Scrvicc.'qFaciliti¢s [Z} Traffic/Circulation F_] Fiscal [3 Recreation/Parks [] Vegetation [] Schools/Universities [] Septic Systems O Sewer Capacity [] Soil Eros[oft/Compaction/ Grading IZ-J Solid Waste [] ToxicJl lazardous [73 Cumulative Effects [] Other 0 Water Quality [] Water Supply/Groundwater [] Wetland/Riparian C] Wildlife [] Growth Inducing [] l,and Use l'rcscnt I,and Use/Zoning/General l'lan Use I'rojcct Description NOTI:.: Clearinghouse will assign idcntillcation numbers fur all new projects, Ira SCI[ number already exists fi)r a projccl (e.g. from a Notice of I'rcparalion or previous dral/document) please fill it in. 0-2 REVIEWING AGENCIES Use latest listing obtained from clerical staff. 0-3 APPENDIX P NOTICE OF AVAILABILITY ENVIRONMENTAL IMPACT REPORT The City of hereby gives notice that pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA") and the CEQA Guidelines of the City of , e~.., Staff or the Director of Planning) has analyzed the request for (project title and permit number) proposed to be located at (address). The proposal (briefly describe project anti location) After reviewing the Initial Study and any applicable mitigating measures for the project, (c,g., Staff or the Director of Planning) has determined that this project may have a significant effect on the environment. The following significant impacts are anticipated as a result of this project (list anticipated impacts) . Accordingly, an environmental impact report has been drafted. A public hearing will be held by the (hearing body) to consider this proposed environmental impact report on (date) , at (time) . at (Iocaticm) A public hearing ~vill be held by the __ (hearing body) to consider the proposed project on (date) , at (time) . at (location) Public comments will be received by the City prior to final approval of the environmental impact report and action on the project, beginning ,19 .....through ,19 Copies of all relevant material, including the project specifications, initial study, and the environmental impact report, and all documents referenced in the environmental impact report, are available for review in the offices of The project site [] is [] is not listed on any list of hazardous waste sites prepared pursuant to Government Code Section 65962.5. Any information contained in a I lazardous Waste Substances Statement is attached to this Notice. Date: By: 980203 99rK)3-00~1 ~a_, 1731496 (2) TO: APPENDIX Q CITM OF RANCHO CUCAMONGA NOTICE OF DETERMINATION Clerk of the Board County of San Bernardino 385 N. Arrowhead, 2nd Floor San Bernardino, CA 92415-0130 Documentary Handling Fee ($35.00) FROM: City of Rancho Cucamonga Planning Division P.O. Box 807 Rancho Cucamonga, CA 91729 Receipt Number SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. PROJECT DESCRIPTION' ' PROJECT LOCATION: APPLICANT: (Name/Address & Phone) ' STATE CLEARINGHOUSE NUMBER: N/A This is to advise that the City of Rancho Cucamonga approved the above described project on , with an effective date of , and has made the following determinations regarding the above project. 1. The project _ will, ~ will not, have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. .X.~. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. .Mitigation measures _ were, _ were not, made a condition of the approval of this project. 4. ,A statement of overriding considerations _ was, ~X was not, adopted for this project. 5. Findings ~ were, _ were not, made pursuant to the provisions of CEQA. This is to certify that the final EIR or Negative Declaration and record of project approval is available to the General Public at: City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California. · City Planner ('909) 477-2750 (Signature) (Date) (Title) (Telephone) I:~FINAL~ORMS~CORMLTR S~OD,WPD APPENI-)IX R ARCHAEOLOGICAL IMPACTS IlI. CEQA applies to effects on historic and prehistoric archaeological resources. Public agencies should seek to avoid damaging effects on an archaeological resource whenever feasible. If avoidance is not feasible, the importance of the site shall be evaluated using the criteria outlined in Section III. In-situ preservation of a site is the preferred mariner of avoiding damage to archaeological resource:;. Preserving the site is more important than preserving the artifacts alone because the relationship of the artifacts to each other in the site provides valuable information that can be lost when the artifacts are removed. Further, preserving the site keeps it available for more sophisticated future research methods. Preservation may also avoid conflict with religious or cultural wftues of groups associated with the site. B. Avoiding damage may be accomplished by many approaches, including: 1. Planning construction to miss archaeological sites; 2. Planning parks, greenspace, or other open space to incorporate archaeological sites; 3. "Capping" or covering archaeological sites with a layer of soil boil)re building tennis courts, parking lots, or similar facilities. Capping may be used where: a. The soils to be covered will not suffer serious compaction; b. The covering materials arc not chemically active; c. The site is one in which the natural processes of deterioration have been effectively arrested; and d. The site has bccn rccordcd~ 4. Deeding archaeological sites into permanent conservation casements. If the Lead Agency detersnines that a project may affect an archaeological resource, the agency shall determine whether the effect may be a significant effect on the environment. If the project may cause damage to an important archaeological resource, the project may have a significant effect on the environment. For the purposes of CEQA, an "important archaeological resource" is one which: A. Is associated with an event or person of: 980203 9~)G..14)Ot)OI '..a~ I731496 R- I IV. go 1. Recognized significance in California or American history or 2. Recognized scientific importance in prehistory. B. Can provide information which is both of demonstrable public interest and useful in addressing scientifically consequential and reasonable archaeological research questions, C. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind, D. Is at least 100 years old and possesses substantial stratigraphic integrity, or E. Involves important research questions that historical research has shown can be answered only with archaeoh:)gical nmthods. If an archaeological resource is not an important archaeological resource, both the resource and the effect on it shall be noted in the initial study or EIR but need not be considered further in the CEQA process. If avoidance of the important archaeological resource is not feasible, the Lead Agency should include an excavation plan for mitigating the effect of the project on the qualities which make the resource important under Section III. A. If an excavation plan is prepared, it shall: 1. Bca brief summary of the excavation proposed as part of a mitigation plan; 2. Be available for review only on a need-to-know basis; 3. Not include the specific location of.any archaeological resources ifthe plan will be made known to the general public. B. An excavation plan may: 1. List and briefly discuss the important information the archaeological resources contain or are likely to contain; 2. Explain how the information should be recovered to be useful in addressing scientifically valid research questions and other concerns identified in subdivision (a); 3. Explain the methods of analysis and, if feasible, display ofexcavated materials; 4. Provide for final report preparation and distribution; and, 980203 90')03-11~O1 ~ 17314~,~6 (21 R-2 VI. VII. 5. Explain the estimated cost of and time required to complete all activities undertaken under the plan~ C. The Lead Agency may require a mitigation phm to be carried out as a condition of approval of the project. A public agency following fi2dcral clearance process under the National I listoric Preservation Act or the National Environmental Policy Act may use the documentation prepared under the federal guidelines in the place of documentation called for in this appendix. LIMITATIONS ON MITIGATION. Special rules apply to mitigating significant effects on important archaeological resources. If it is not feasible to revise the project to avoid an important archaeological resource, the Lead Agency shall require the project applicant to guarantee to pay one half of the cost of mitigating tile significant effect of the project on important archaeological resources. In determining tile payment to be required from tile applicant, tile Lead Agency shall consider the in-kind value of project design or expenditures intended to permit any or all important archaeological resources or California Native American culturally significant sites to be undisturbed or preserved in place. a. Consideration of in-kind values does not require a dollar for dollar set-off against the payment by tile project applicant. Do In deciding on an appropriate set-off, the l. ad Agency shall consider such factors as whether the project design or expenditures would provide other benefits to the applicant and whether the design or expenditures required special changes in the project plans, When it decides to carry out or approve the project, the Lead Agency shall. if necessary, reduce the mitigation measures specified in the EIR to those wllich can be funded with: a. The money guaranteed by the project applicant, and b. Money voluntarily guaranteed by any other person or persons fi~r tile mitigation. In order to allow time for interested persons to provide a voluntary funding guarantee, the Lead Agency shall not decide to carry out or approve a project having a significant effect on important :~rchaeological resources until 60 days after completing the final EIR on the project. 980203 ~TJ~)],-,{Xll} 1 ~a~. 17314,X~ (2) R-3 Go D. 4. In no event shall the Lead Agency require the applicant to pay more for mitigation within the site of the project than the £ollowing amounts: a. One half of one percent of the projected cost of the project, if the project is a commercial or industrial project. b. Three Iburths of one percent of the projected cost of the project housing project consisting of one unit. c. If a housing project consists of more than one unit, three lburths of one percent of tile projected cost of the first unit plus the sum of tile following: (i) $200 per unit for any of the next 99 units. (ii) $150 pcr unit for any of the next 400 units, (iii) $100 pcr unit for units in excess of 500. Unless special or unusual circumstances warrant an exception, the field excavation phase of an approved mitigation plan shall be completed within 90 days after the applicant receives the final approval necessary to begin physical development of the project. WitIt a phased project, the mitigation measures shall be completed within 90 days after approval is granted for the phased portion to which the specific mitigation measures apply. The project applicant can elect to extend lite time limits fi)r completing the 11eld excavation phase of the approved mitigation plan. 3. A mitig:uion plan shall not authorize violation of any law protecting American Indian cemeteries. Excavation as part of a mitigation plan shall be restricted to those parts of an important archaeological resource titlit would bc damaged or destroyed by the project unless special circumstances require limited excavation of an immediately adjacent area in order to develop important information about the part of the resource that would bc destroyed Excavation as mitigation shall not be required for an important archaeological resource if the Lead Agency determines that testing or studies already completed have adequately recovered thc scientifically consequential infi)rmation from and about the resource, provided that the determination is documented in the EIR. E. The limitations on mitigation shall not apply to: R-4 VIII. 1. A public project if' the Lead Agency decides to comply with other provisions of CEQA that apply to mitigation of significant effects, and 2. A private project if the applicant and the Lead Agency jointly elect to comply with other provisions of CEQA that apply to mitigation of significant effects. Tile time and cost limitations described in this section do not apply to surveys and site evaluation activities intended to determine whether the project location contains archaeological resources, and if so, whether the archaeological resources are important as defined in this appendix. Discovery of llurnan Remains. In the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until- Tile coroner of thc county in which the remains are discovered has been informed and has determined that no investigation of the cause of death is required, and 2. If tile remains are of Native American origin, The descendants f'rom tile deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98, or 'File Native American I lcritagc Commission was unaMc to identify a descendant or the dcsc:cndant failed to make a recommendation within 24 hours after being notified by tile commission. Where tile following conditions occur, the landowner or Iris authorized representative shall reenter tile .Native American human remains and associated grave goods with appropriate dignity on tile property in a location not subject to further subsurface disturbance. 1. 'File Native American I lcritage Comr, lission is unable to identify a descendant; 2. The descendant identified fiE ils to make a rccommcndation; or The landowner or his authorized representative rejects tile rccommcndaticm of the descendant, and the mediation by the Native American Ilcritage Commission fitils to provide measures acceptable to the landowner. 9~0203 99q~134~1~11 ~.,~. 17314'R~ (2) IX. If the human remains are discovered before the Lead Agency has finished tim CEQA process, the Lead Agency shall work with the Native American Heritage Commission and the applicant to develop an agreement for treating or disposing, with appropriate dignity, of' the human remains and any associated grave goods. Action implementing such an agreement is exempt from: The general prohibition on disinterring, disturbing, or removing human remains from any location other than a dedicated cemetery (Ilcalth and Safety Code Section 7050.5). 2. The requirements of CEQA and the Coastal Act. As part of the objectives, criteria, and procedures required by Public Rcsourccs Code Section 21082 or as part of conditions imposed for mitigation, a lead agency should make provisions for archaeological sites ac:cidentally discovered during construction. These provisions should include an immediate evaluation of the find. If the find is determined to be an important archaeological resource, contingency funding and a time allotment sufficient to allow recovering an archaeological sample or to employ one of the avoidance measures should be available~ Construction work could continue o~ other parts of the building site while archaeological mitigation takes place. DATE--: TO: FROM: BY: SUBJECT: February 3, 1999 ('1'1"5' ()F RANCHO CUCAMONGA STAiFF REPORT Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Dan Coleman, Principal Planner HISTORIC POINT OF INTEREST DESIGNATION 98-01 - CITY OF RANCHO CUCAMONGA - Consideration of a request to rescind Historic Landmark Designation 94-02 and redesignate as a Point of Interest for four craftsman bungalow residences, located at 9618, 9626, 9634, and 9642 Foothill Boulevard - APN: 208-153-08thru 11. RECOMMENDATION The Historic Preservation Commission recommends rescinding the Historic landmark designation and redesignating as a Point of Historic Interest. BACKGROUND On October 5, 1994, the City Council designated these four craftsman bungalows as historic landrnarks. While individually the structures are not significant architecturally, the Council determined the homes derive their significance from their neighborhood context. This block represents one of the last remaining tracts of housing from the 1910s and 1920s that has not been demolished and is a remnant of"OId Cucamonga." In addition, this area was within the Sphere of Influence of John Klusman, a prominent local businessman. ANALYSIS The structures were abandoned in the early 1990s and boarded up. Their physical condition has deteriorated significantly over the past few years to the degree that the City's Building Official has contacted the property owner to demolish them. Demolition of a historic landmark requires a Landmark Alteration Permit. Because of the delapidated condition of the buildings, staff feels that demolition would be in the best interest of the City and the property owner. Staff recommends redesignating the buildings as a Point of Historic Interest which is merely recognition for historical purposes. Point of Interest designation is not subject to the protective or restrictive provisions applicable to Historic Landmarks and the property owner could proceed with demolition without the need for a Landmark Alteration Permit. Staff would also recommend that a commemorative plaque be installed when the property develops. CITY COUNCIL STAFF REPORT POI 98-01 - CITY OF RANCHO CUCAMONGA February 3, 1999 Page 2 FACTS FOR FINDINGS The facts that support the findings of Historic importance are outlined in the attached January 13, 1999 staff report to the Historic Preservation Commission, (see Exhibit "A"). CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. Staff has received calls from several surrounding property owners who were in favor of demolition. Brad Buller City Planner BB:DC:mlg Attachments: Exhibit "A" - Historic Preservation Staff Report dated January 13, 1999 Resolution No. 99-01 Recommending Approval. Resolution of Approval DATE: TO: FROM: BY: SUBJECT: ('I'FY ()F RANCH() CUCAMONGA -- STAFF REPORT January 13, 1999 Chairman and Members of the Historic Preservation Commission Brad Buller, City Planner Dan Coleman, Principal Planner HISTORIC POINT OF INTEREST DESIGNATION 98-01 - CITY OF CUCAMONGA- Consideration of a request to rescind Historic RANCHO Landmark Designation 94-02 and redesignate as a Point of Interest four craftsman bungalow residences located at 9618, 9626, 9634, and 9642 Foothill Boulevard APN: 208-153-08 through 11. BACKGROUND: On October 5, 1994, the City Council designated these four craftsman bungalows as historic landmarks. While individually the structures are not architecturally significant, the Council determined the homes derive their significance from their neighborhood context. This block represents one of the last remaining tracts of housing from the 1910s and 1920s that has not been demolished and are a remnant of"OId Cucamonga." In addition, this area was within the sphere-of- influence of John Klusman, a prominent local businessman. The historic designation review process was triggered when the property owner, Anna Campos, requested restoring and converting these residences to commercial use. On January 11, 1995, the Planning Commission approved Development Review 93-15 which included construction of a new restaurant and conversion of the houses. A modification to the application was approved by the Planning Commission on August 14, 1996, to delete the new restaurant in favor of connecting the two easternmost houses into a single building converted into a restaurant. The property owner almost completed plan check; however, was unable to secure financial backing to proceed with construction and the approvals expired on August 14, 1998. ANALYSIS: The structures were abandoned in the early 1990s and boarded up. Their physical condition has deteriorated significantly over the past few years to the degree that the City's Building Official has contacted the property owner to demolish them. Demolition of a historic landmark requires a Landmark Alteration Permit. Because of the dilapidated condition of the buildings, staff feels that demolition would be in the best interest of the City and the property owner. Staff recommends redesignating the buildings as a Point of Historic Interest which is merely recognition for historical purposes. Point of Interest designation is not subject to the protective or restrictive provisions applicable to Historic Landmarks and the property owner could proceed with demolition without the need for a Landmark Alteration Permiit. Staff would also recommend that a commemorative plaque be installed when the property develops. HPC STAFF REPORT POI 98-01 - ANNA CAMPOS January 13, 1999 Page. 2 ENVIRONMENTAL ASSESSMENT: Redesignation is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15308. FACTS FOR FINDING: A. Historical and Cultural Significance: Finding 1: The proposed Point of Historic Interest is particularly representative of an historic period, type, style, region, or way of life. Finding 2: The proposed Point of Historic Interest is an example of a type of building which was once common but is now rare. Fact/s: The four houses were built between 1916 and 1927 in the area known as "Old Cucamonga" which comprised the downtown area. The structures are Craftsman bungalow style architecture common to the era and region in which they' were built. The homes are located within a block bounded by Foothill Boulevard (Historic Route 66), Archibald and Klusman Avenues, and Estacia Street and is one of the few remaining intact neighborhoods from the late 1910s and the 1920s. Findin~ 3: The proposed Point of Historic Interest was connected with someone renowned or important or a local personality. Fact/s: The houses are located in an area that was within the sphere-of- influence of John Klusman, a prominent local businessman. B. Neighborhood and Geographic Setting.' Findin~ 1: The proposed Point of Historic Interest benefits the historic character of the neighborhood. Finding 2: The proposed Point of: Historic Interest, in its location, represents an established and farniliar visual feature of the neighborhood, community, or city, Fact/s: The houses were constructed pre-World War II in the Craftsman architectural style. Their prominent location along Foothill Boulevard, Historic Route 66, makes them a dominant part of the neighborhood character and a familiar sight to the tens of thousands of people who drive by each day. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. //7// HPC STAFF REPORT POI 98-01 - ANNA CAMPOS January 13, 1999 Page 3 RECOMMENDATION: Staff recommends that the Historic Preservation Commission adopt the attached Resolution recommending that the City Council redesignate the four bungalows from a Local Historic Landmark to a Point of Historic Interest. Respectfully submitted, Brad Buller City Planner BB:DC/jfs Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit"C" - Photographs Exhibit "D" - Letter from Building Official Resolution Recommending Approval /'¢,3 Z n z I < ,,-I, ".-L,! "; _ ..;'--'~:-;, · · _._L. ORIGINAL / ~/.5 Lj~t3 ORIGINAL Poor GUALITY $ Llate of Photo PRESERVATION COMMISSION LANDMARK SUR~-TY View Looking ~'/a,~ 7-A/_.. Date of Photo View Looking Date otl Photo /4'7 View Looking Date of Photo ORIGINAL POOR QUALrrv View Looking Date of Photo C Y December 16, 1998 Anna Campos Campos Service Corporation 5711 Santa Monica Blvd. Los Angeles, Ca. 90038 RE: Single thmily rc~qidences located at 9618, 9626, 9634 and 9642 Foothill Blvd., Rancim Cucamonga, (' '~fornia This letter is to intbrm you of the action the City of Rancho Cucamonga will bc taking rcgardi~ your properties located on Foothill Blvd. The current condition of the property has become deteriorated and unsigl..~ duc to a lack of maintenance and an on-going problem with vandalism. The Planning l.)cpartment will commence proceedings to have the units removed from the current historical preservation list so that they can be declared a public nuism~ce and demolishc:l. On January 13, 1999, the I listoric Preservation Commission will address this issue by considering a recommendation to have the units removed fi'om the historical list. If there is passage on January 20, 1 ~,~98, the City Council will approve this recommendation of the }tistori · Preservation Commissio~ and take appropriate action. The City would appreciate.,. your assistance by submitting a letter of agreement to the 1tistoric Preservation Commisshm and the City Council requesting the removal from the historical building list for designation as a landmark site. The Building and Safety ~ )ivision would appreciate your cooperation by including in yt~ur lettc a statement that you will l~ave representatives obtain the required permits to demolish lhe structures by January 28, 1999. Mayo[ William J. Alexander ,:.i_,,~ ,~~ Mayor PIo-Tem Diane Williams i':' Jack I_om~.,AICP, CityJ~nager ~[~7t '~,,,~,x.~~t)~,e P~II/E 80'7 · Rancho Cu,:r;ar'r'o-g~. CA 91729 Councilmember Paul Biane Councilmember Bob Dullon Councilnnember James V. Cur<fialo · (909) 477~2700 · FAX (9095 Dece, mber 16, 1998 page 2 If you have any questions regarding this matter and i t'l can be of any assistmice, please contact me at 909/477-2710, extension 22(i) 1. Sincerely COMMUNITY DEVI,;LOPMENT DEPARrI'M[!NT Builtling and Safety l)ivision Willianl N. Makshanoff Building Official WNhd:dm cc: Rick Gomez, Director of Community Development Carlos Silva, Senior Building Inspector Dan Colemm~, Principal Planner RESOLUTION NO. 99-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF CHANGING THE HISTORIC DESIGNATION FROM A LOCAL HISTORIC LANDMARK TO POINT OF HISTORIC INTEREST NO. 98-01 FOR FOUR HOUSES, LOCATED AT 9618, 9626, 9634, AND 9642 FOOTHILL BOULEVARD - APN: 208-153-08 THROUGH 11. A. Recitals. 1. Anna Campos has requested a Point of Historic Interest designation as described in the title of this Resolution. Hereinafter in this Resolution, the subject Point of Histodc Interest is referred to as "the application." 2. On January 13, 1999, the Histodc Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Histodc Preservation Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately 1 acre of land, basically four parcels of rectangular configuration, located at 9618, 9626, 9634, and 9642 Foothill Boulevard. 3. The application applies to four houses which were designated as a local Landmark on October 5, 1994. Landmark Alteration Permits 94-04 and 96-02, and Development Review 93-15 were approved to convert the houses into commercial uses. 4. The application is in conjunction with a request to allow demolition of all four houses. 5. Based upon the substantial evidence presented to this Commission dudrig the above- referenced public headng on January 13, 1999, including written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: a. Historical and Cultural Significance: Findinq 1: The proposed Point of Historic Interest is particularly representative of an histodc period, type, style, region, or way of life. Findin~ 2: The proposed Point of Historic Interest is an example of a type of building which was once common but is now rare. Fact/s: The four houses were built between 1916 and 1927 in the area known as "Old Cucamonga" which comprised HPC RESOLUTION NO. 99-01 POI98-01-ANNA CAMPOS January 13,1999 Page 2 the downtown area. The structures are Craftsman bungalow style architecture common to the era and region in which they were built. The homes are located within a block bounded by Foothill Boulevard (Historic Route 66), Archibald and Klusman Avenues, and Estacia Street and is one of the few remaining intact neighborhoods from the late 1910s and the 1920s. Findin.(:i 3: The proposed Point of Historic Interest was connected with someone renowned or important or a local personality. Fact/s: The houses are located in an area that was within the sphere-of-influence of John Klusman, a prominent local businessman. b. Neighborhood and Geographic Setting: Finding 1: The proposed Point of Historic Interest benefits the historic character of the neighborhood. Findin(3 2: The proposed Point of Historic Interest, in its location, represents an established and familiar visual feature of the neighborhood, community, or city. Fact/s: The houses were constructed pre-Wodd War II in the Craftsman architectural style. Their prominent location along Foothill Boulevard, Historic Route 66, makes them a dominant part of the neighborhood character and a familiar sight to the tens of thousands of people who drive by each day. 6. This Commission hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Article 19, Section 15308. 7. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, this Commission hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the Histodc Preservation Commission of the City of Rancho Cucamonga hereby recommends approval of the requested redesignation from Local Histodc Landmark status to Histodc Point of Interest subject to each and every condition set forth below: Plannin.q Division 1) Provide on-site, a commemorative plaque consistent with the standard City model with future development of the property. 8. The Secretary to this Commission shall certify to the adoption of this Resolution. HPC RESOLUTION NO. 99-01 POI 98-01 - ANNA CAMPOS January 13, 1999 Page 3 APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 1999. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: I, Brad Buller, Secretary of the Histodc Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Histodc Preservation Commission held on the 13th day of January 1999, by the following vote-to-wit: AYES: NOES: ABSENT: COMMISSIONERS: MAgIAS, COMMISSIONERS: NONE COMMISSIONERS: NONE MANNERINO, MCNIEL, STEWART, TOLSTOY RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE CHANGE FROM A LOCAL HISTORIC LANDMARK TO POINT OF HISTORIC INTEREST NO. 98-01 FOR FOUR HOUSES, LOCATED AT 9618, 9626, 9634, AND 9642 FOOTHILL BOULEVARD - APN: 208-153-08 THROUGH 11. A. Recitals. 1. Anna Campos has requested a Point of Historic Interest designation as described in the title of this Resolution. Hereinafter in this Resolution, the subject Point of Historic Interest is referred to as "the application." 2. On January 13, 1999, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted their Resolution No. 99-01 recommending approval. 3. On February 3, 1999, the City Council of the City or Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing. 4. All legal prerequisites 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. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately 1 acre of land, basically four parcels of rectangular configuration, located at 9618, 9626, 9634, and 9642 Foothill Boulevard. 3. The application applies to four houses which were designated as a local Landmark on October 5, 1994. Landmark Alteration Permits 94-04 and 96-02, and Development Review 93-15 were approved to convert the houses into commercial uses. 4. The Building Official has inspected the four houses and determined that the current condition has become deteriorated and unsightly due to a lack of maintenance and an on-going problem with vandalism. 5. The application is in conjunction with a request to allow demolition of all four houses. 6. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on February 3, 1999, including written and oral staff reports, together with public; testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: a. Historical and Cultural Significance: Findin.q 1: The proposed Point of Historic Interest is particularly representative of an historic period, type, style, region, or way of life. CITY' COUNCIL RESOLUTION NO. POI 98-01 - ANNA CAMPOS February 3, 1999 Page 2 Finding 2: Fact/s: The proposed Point of Historic Interest is an example of a type of building which was once common but is now rare. The four houses were built between 1916 and 1927 in the area known as "Old Cucamonga" which comprised the downtown area. The structures are Craftsman bungalow style architecture common to the era and region in which they were built. The homes are located within a block bounded by Foothill Boulevard (Historic Route 66), Archibald and Klusman Avenues, and Estacia Street and is one of the few remaining intact neighborhoods from the late 1910s and the 1920s. Finding 3: The proposed Point of Historic Interest was connected with someone renowned or important or a local personality. Fact/s: The houses are located in an area that was within the sphere-of-influence of John Klusman, a prominent local businessman. b. Neighborhood and Geographic Setting: Finding 1: The proposed Point of Historic Interest benefits the historic character of the neighborhood. Finding 2: The proposed Point of Historic Interest, in its location, represents an established and familiar visual feature of the neighborhood, community, or city. Fact/s: The houses were constructed pre-World War II in the Craftsman architectural style. Their prominent location along Foothill Boulevard, Historic Route 66, makes them a dominant part of the neighborhood character and a familiar sight to the tens of thousands of people who drive by each day. 7. This Council hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Article 19, Section 15308. 8. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, this Commission hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves the requested redesignation from Local Historic Landmark status to Historic Point of Interest subject to each and every condition set forth below: Planning Division 1) Provide on-site, a commemorative plaque consistent with the standard City model with future development of the property. 9. The City Clerk shall certify to the adoption of this Resolution. DATE: TO: CITY OF' RANClIO CUCAMON(JA STAFF REPORT February 3, 1999 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: GENERAL PLAN UPDATE PROJECT RECOMMENDATION The General Plan Update Task Force recommends that the City Council authorize the recruitment of planning consultant(s) for the development of a revised General Plan and accompanying Environmental Impact Report (EIR). The recommended scope of work is contained in the attached Request For Proposal (RFP). BACKGROUND/ANALYSIS In the 1998/99 Budget, the City Council authorized the allocation of funds for revision of the General Plan. Near the end of 1998, the City Council established a joint City Council/Planning Commission Task Force to help guide the work on the General Plan Update project. On January 20, 1999, the General Plan Update Task Force met to review the proposed update process, the staff generated issues report, the draft RFP, and the consultant selection process. After discussions of issues important to the revision process, the Task Force determined that the RFP sufficiently covers the work items needed to address the identified issues. ACTION If the City Council concurs with the determination of the Task Force, it would be appropriate to direct staff to begin the recruitment of consultant(s) for the General Plan Update project by sending the attached RFP to qualified planning consulting firms. //~B ra ~13trl~r City Planner BB:LJH/jfs Attachments: Exhibit "A" - Request For Proposal (RFP) CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE REQUEST FOR PROPOSAL DATE: February 4, 1999 GOAL:: The City of Rancho Cucamonga is seeking proposals to update the current General Plan (excluding Housing Element). Rancho Cucamonga's current General Plan was adopted in 1981. Now that it has now been nearly 20 years and the resident population has more than doubled, a concise update of the General Plan will ensure that Rancho Cucamonga is well positioned for the next 20 years. The update must include specific public participation opportunities, meet all legal requirements, and be user friendly with the most current computer access processes and methods available. INTRODUCTION: The General Plan Update Proposal for the City of Rancho Cucamonga, must be submitted with ten copies to the Planning Division by 5:00 p.m. on Monday, March 8, 1999. PROJECT DESCRIPTION: Update the General Plan in conformance with State and City requirements and include the following basic components: Part 1 - General Plan Update Program Initiation '1.1 Project Initiation Workshop - An initial meeting with staff will be held to accomplish the following: · Overview of Issues Report for the General Plan Update. · Define key player roles and public participation. · Identify contact agencies, organizations, and individuals. · Refine Scope of Work and schedules. · Establish product review procedures. · Establish strategy for General Plan Update consistency with ongoing development applications (if any). · Determine optimum scale and format for General Plan maps in coordination with the City's Planning and GIS Divisions. · Provide examples of suggested General Plan formats for text and graphics pages. · Define the public participation process. 1.2Review Existing Planning Documents 1.3Base Map Preparation /5'7 Rancho Cucamonga General Plan Update Request for Proposal February 4, 1999 Page 2 Part 2 - Community Issues Summary - Review and finalize the staff-prepared draft report. 2,1 2.2 Data Resources - A concise analysis of the Staff Issues Report and an examination of the current physical, natural, and economic environments of the City which include the following: · Summary of present conditions. · Analysis of key challenges and constraints to set stage for alternatives and policy formulation. · Evaluation of important inter-relationships among various planning issues and trade- offs between solutions. Public Participation Process following actions: - Define the future of the community through the Task Force interviews. Community workshops (minimum of three). · Community service providers workshop. 2.3 Final Community Issues Report Preparation - The results of all of the previous work will be compiled into a General Plan Update Issues Report. Part 3 - Alternatives Report 3.1 Alternative Management and Target Areas Land Use Scenarios 3.2 Alternatives Presentation Workshops · Community workshop to review and comment on community issues and update the General Plan Alternatives Reports. · Joint workshop of Planning Commission and City Council to solicit comments on these reports and select a preferred alternative. Part 4 - General Plan Preparation 4.1 Vision Statement, General Plan Profile, and Land Use Map 4.2 General Plan Profile Presentation Workshops · Community workshop to review and comment on the General Plan Update Rancho Cucamonga General Plan Update Request for Proposal February 4, 1999 Page 3 4.3 4.3.1 · Joint workshop of Planning Commission and City Council to solicit comments on these reports. Updated General Plan Elements - Refer to the existing General Plan for a detailed list of subcategories for each of the following sections. Land Use and Development for Target Areas · Land Use · Circulation · Housing - to be prepared by City staff. · Public Facilities · Community Design · Economic Development - New category to be added.1 4.3.2 Environmental Resources · Land Resources · Water Resources · Plant and Animal Resources · Open Space · Energy · Implementation 4.3.3 Public Health and Safety · Geological Hazards · Seismicity · Flood Hazards · Fire Hazards ~Reference the Economic Development Strategic Plan for Rancho Cucamonga, by PHH Fantus Consulting, dated January 1996. Rancho Cucamonga General Plan Update Request for Proposal February 4, 1999 Page 4 · Noise · Air Quality · Crime Prevention · Emergency Services Miscellaneous Hazards (wind, Eucalyptus windrows, etc.) 4.3.4 Implementation · Measures · Consistency between General Plan and Implementation Actions. · Funding Sources 4.4 Document Preparation Part 5 - Environmental Impact Report $.1 Initial Study and Notice of Preparation $.2 Screen Check EIR $.3 Draft EIR 5.4 Response to Comments 5.$ Final EIR $.6 Mitigation Monitoring Program Part 6 - Fiscal Impact Report 6.'1 Preparation · Major Sources of Municipal Revenues · Major Allocations of Municipal Expenditures 6.2 Staff Review 6.3 Revisions/Final Document Rancho Cucamonga General Plan Update Request for Proposal February 4, 1999 Page 5 Part 7 - General Plan Adoption Process 7.1 Public Hearings - Total of four public hearings, two before the Planning Commission and two before the City Council. 7.2 Findings for General Plan Adoption and EIR Certification 7.3 Final General Plan Part 8 - Program Administration 8.1 Meetings, Graphics, and *Time Table · Consultant shall be responsible for conducting all meetings; preparing agendas, public notices, and mailing listsl postage; and related activities. · The completed General Plan text, tables, charts, and maps must be user friendly and be in a compatible format to the City's (Microsoft Word 97) word processing software. In addition to a minimum of fifty hard copies, the completed final update shall be made available on compact disks in a readable format. · The General Plan update shall encompass the existing City boundaries, the current Sphere-of-Influence, and the Fire District boundaries. · General Plan maps shall be coordinated with the City's Planning Division and GIS staff and be formatted in compliance with existing City software requirements (ARCVIEW). · Time Frame including present status (see table on next page). 8.2 City Staff Meetings - Conducted at least once a month. 8.3 Progress Reports - Submitted monthly.. 8.4 Intergovernmental Coordination Rancho Cucamonga General Plan Update Request for Proposal February 4, 1999 Page 6 TIME FRAME Task RANCHO CUCAMONGA GENERAL PLAN UPDATE Notice to Proceed 1,0 General Plan Update Initiation 1.1 Project Initiation Workshop 1.2 Review Existing Documents 1.3 Base Map Preparation 2.0 Community Issues Summary 2.1 Data Resources 22 Public Participation Process 23 Issues Report Preparation 3.0 Alternatives Report 31 Alternative Scenarios 3.2 Alternatives Workshop 4.0 General Plan Preparation~' 41 General Plan Profile 42 General Plan Profile Workshop 43 General Plan Elements 4,4 Document Preparabon 5.0 EIR 6.0 Fiscal impact Report 6.1 Preparation 6.2 Staff Review 6.3 Revisions/Final Document 7.0 GENERAL PLAN ADOPTION 7.1 Public Hearings 72 Findings 7.3 Final General Plan A M .~ J A S O N d J f M A M J P A ~,JU U E C O E A E a P a U R Y N : G P T V C N B R R Y N : Based on the results of completing Sections 1.0 through 3.2, the schedule and budget may be adjusted accordingly. Rancho Cucamonga General Plan Update Request for Proposal February 4, 1999 Page 7 SERVICES REQUIRED: The Update shall include all existing components of the City's General Plan, excluding the Housing Element. Special studies may include updating or providing new studies as needed and incorporating them into applicable sections of the General Plan as follows: A determination of the total net change in traffic volume for the sum of all proposed changes in land use, and provide a Traffic Impact Analysis as necessary to satisfy the requirements of the San Bernardino County Congestion Management Program (CMP). IRecalculate the total employment, housing, and population for each Traffic Analysis Zone (TAZ) within the City limits and Sphere-of-Influence. A map of SANBAG's Comprehensive Transportation Plan Traffic Analysis Zones (CTP TAZ) will be provided by the City. 3. An acoustic analysis and contour map. 4. Update and clarify previously prepared endangered or sensitive habitat or species mapping. 5. Update the Foothill Fire Defense Study - Hunt Research Corporation, 5/87. To the extent that the City has adopted existing policies relative the following State and Federal mandates including, but not necessarily limited to: Americans with Disabilities Act, NPDES/DAMP/ROWD, AB 939, and the Clean Cities Program. Determine the status of vacant properties throughout the City and Sphere-of-Influence currently under utility or government agency control. Indicated any possible changes in land use due to future agency surplus of land. 8. Update the Library Master Plan. Provide a Fire Defense Study, an Analysis of Disaster Preparedness Needs, and an Analysis of Expanded Crime Prevention Possibilities for use in developing policies for the Public Health and Safety Element. 10. Conduct a comprehensive needs analysis concerning recreational facilities and amenities and provide a report outlining findings. Provide separate cost evaluations in your proposal for each study listed above. AMOUNT BUDGETED: Up to $500,00Q CONTRACT TYPE: The City uses a Fixed Fee ~ Plus Actual Amount of Other Expenses, professional service contract, with a payment schedule based upon scheduled project component completion and City acceptance of the work. QUALIFICATIONS: Relevant professional qualifications, management qualifications, relevant project experience, logistical capabilities, financial qualifications, and special terms and conditions. Bidding consultants shall ensure all material produced for this project shall be Year 2000 Compliant. (Refer to Year 2000 Compliance Warranty). Rancho Cucamonga General Plan Update Request for Proposal February 4, 1999 Page 8 Technical disciplines needed include: acoustical engineer, traffic engineer, urban/wild-land fire interface planner, fire facilities planner, botanist, and biologist. EVALUATION: Each proposal will be evaluated by the City based on the following criteria: 1. Conciseness and clarity. 2. Professional qualifications and capability of the consultant team that is assigned to the project. 3. Ability of the consultant firm to commit the personnel and time necessary to complete the project in the time frame outlined in this RFP 4. Experience with similar type projects. 5. Demonstration of a clear understanding of the project and the work to be performed. 6. Competitive cost. Those firms that most closely meets the City's needs shall be invited to a presentation and evaluation interview. SUBMISSION DIRECTIONS: Firms interested in responding to this request must submit ten copies of their proposal to the City of Rancho Cucamonga's Planning Division, no later than 5:00 p.m. on Monday March 8, 1999. Proposals received after the prescribed date and time will not be considered. Please address all proposals and inquires regarding this Request for Proposal to: Larry Henderson, AICP Principal Planner City of Rancho Cucamonga 10500 Civic Center Drive, Rancho Cucamonga, CA 91729 ,/~ ,-/