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HomeMy WebLinkAbout12-172 - Resolutions - (Not Adopted) "RESOLUTION NOT ADOPTED" ** RESOLUTION NO. 12-172 " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2011-01094, A REQUEST TO CONSTRUCT AND OPERATE A FUNERAL HOME (THAT WILL NOT INCLUDE A CREMATORY,A CEMETERY,NOR CONDUCT EMBALMING)WITH A FLOOR AREA OF 6,911 SQUARE FEET AND A PORTE-COCHERE OF 1,371 SQUARE FEET ON A VACANT PARCEL OF 2.32 ACRES OF LAND WITHIN THE ETIWANDAAVENUE OVERLAY DISTRICT IN THE OFFICE PROFESSIONAL (OP) DISTRICT OF THE ETIWANDA SPECIFIC PLAN, LOCATED NEAR THE SOUTHEAST CORNER OF ETIWANDA AVENUE AND CANDLEWOOD STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1100-031- 07. A. Recitals. 1. HMR Architects, on behalf of SCI Funeral Services, Inc., filed an application for the issuance of Conditional Use Permit DRC2011-01094, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 25, 2012,the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and, following the conclusion of said public hearing, directed Planning Department staff to prepare a draft Resolution of Denial for action as a Consent Calendar item at the Planning Commission public hearing to be held on August 8, 2012. 3. On August 8, 2012, the Planning Commission of the City of Rancho Cucamonga reviewed the draft Resolution of Denial as a Consent Calendar item and adopted Resolution No. 12-36, thereby denying Conditional Use Permit DRC2011-01094. 4. The decision represented by the Planning Commission's Resolution No. 12-36 for denial of Conditional Use Permit DRC2011-01094 was appealed in a timely manner by the applicant to this City Council. 5. On November 7, 2012, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing for Conditional Use Permit DRC2011-01094 and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. 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 during the above-referenced hearing on November 7, 2012, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to a vacant, irregularly-shaped parcel located generally at the southeast corner of the intersection of Etiwanda Avenue and Candlewood Street; and b. The parcel is approximately 164,200 square feet(3.77 acres) in area. As part of the proposal, the applicant has submitted a Lot Line Adjustment (Related file: Lot Line Adjustment SUBLLA#691). This adjustment will change the alignment of the property line. Following the adjustment the rectangular parcel will have an area of approximately 101,000 square feet (2.32 acres) with overall dimensions of approximately 350 feet (east to west) by approximately 307 feet (north to south); and C. To the west across Etiwanda Avenue and north across Candlewood Street of the project site, are single-family residences. To the east is the 1-15 Freeway. To the south of the project site are two, small buildings—a post office and an office,while immediately to the northwest of the project site is the historic Cour House; and d. Neither the office buildings, nor the Cour House identified above are part of this project; and e. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use(MU) District, Victoria Planned Community; and f. The proposal is to construct and operate a one-story funeral home of 6,911 square feet. Operations will be limited to the arrangement of services, wakes/visitations, and funerals for the deceased and their families. Pre-funeral services, such as the preparation of the deceased, embalming, and body dressing, and/or post-funeral services, such as cremation and/or burials, are not proposed; and g. The proposed hours of operation are between 8:00 a.m. to 5:00 p.m. (Monday through Friday)and between 10:00 a.m.to 4:00 p.m. (Saturday and Sunday). Evening visitations, if requested, will be conducted between 6:30 p.m. and 8:00 p.m. Funeral services and associated activities are anticipated to occur a maximum of three(3)times per week. The duration of a funeral service will vary; and h. The proposed funeral home will have up to four (4) employees; and i. After the funeral service, if the family of the deceased chooses to do so,there will be an escorted funeral procession to the cemetery. According to a traffic impact analysis prepared by Albert Wilson&Associates on May 11,2012,the typical duration time for an escorted procession to pass through a particular point is approximately 3 minutes and 44 seconds, or four(4)seconds per vehicle, and is based on the assumption that there would be an average of three (3) persons per vehicle. As the funeral home's seating capacity of 168 persons,this equates to fifty-six(56)vehicles (168/3 = 56); and j. If there is no funeral procession, then the use of the public streets will occur in a normal manner, and k. This application is in conjunction with Development Review DRC2011-01094D;and I. The parking calculation for the funeral home is one (1) parking stall per 25 square feet of assembly room, e.g. chapel, or floor area per Section 17.12.040(B)(1)(1)of the Development Code. With a chapel of 1,872 square feet, 75 parking stalls are required for the funeral home, and 75 parking stalls have been provided. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1,2, and 3 above, this Council hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet. The underlying General Plan designation is Office; and b. That the proposed project is in accord with the objectives of the Development Code, the Etiwanda Specific Plan, and the purposes of the district in which the site is located. The proposed project is a one-story funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet. The zoning of all of the properties located southeast of the intersection of Etiwanda Avenue and Candlewood Street, including the project site, is Office Professional (OP) District, Etiwanda Specific Plan. The zoning of the properties to the north is Low Medium (LM) Residential District, Etiwanda Specific Plan. The zoning of the properties to the west is Mixed Use (MU) District, Victoria Planned Community; and C. The proposed project is in compliance with each of the applicable provisions of the Development Code and the Etiwanda Specific Plan. The project will comply with the requirements for site development such as building, parking, and landscape setbacks; maximum building height; parking; landscaping; and access. The project will comply with the requirements for design including incorporating architecture that is compatible and consistent with the architecture of the surrounding neighborhood and the use of materials, finish, trim, and colors of high quality and appeal; and d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project site is vacant,the proposed land use is consistent with the land uses within the community where it is located, and the expectations of the community. The proposed funeral home will not include a crematorium, which could affect air quality by emitting particulate matter or odors. The building will incorporate design elements that will be consistent with the architecture of the homes in the neighborhood. Lighting will be required to comply with the City's standards for overall height and luminosity. There will not be a cemetery on-site that could cause visual distress. The project site does not contain biologically sensitive habitat, nor will any existing trees be removed. Noise and vibrations are not typical characteristics of funeral homes. Lastly, traffic generated by this project is within the expected capacity of the surrounding streets. Further, this Council agrees with evidence presented that the conduct of the proposed use as conditioned will not create a substantial emotional aversion or negative reaction in a significant number of neighboring residents and will not negatively impact real property values. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith all written and oral reports included for the environmental assessment for the application,the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. C. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. The Custodian of Records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3,and 4 above,this City Council hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the construction and operation of a funeral home of 6,911 square feet with a porte-cochere of 1,371 square feet on a vacant parcel within the Etiwanda Avenue Overlay District in the Office Professional (OP) District of the Etiwanda Specific Plan located near the southeast corner of Etiwanda Avenue and Candlewood Street - APN: 1100-031-07. 2) Approval of this request shall not waive compliance with any sections of the Development Code, Etiwanda Specific Plan,State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 3) Approval of this request does not include pre-funeral services,such as the preparation of the deceased such as embalming and body dressing, and/or post-funeral services, such as cremation and/or burials. These activities are prohibited. 4) The hours of operation shall be between 8:00 a.m. to 5:00 p.m. (Monday through Friday) and between 10:00 a.m. to 4:00 p.m. (Saturday and Sunday). Evening visitations shall end no later than 8:00 p.m. 5) The funeral home shall operate in conformance with the performance standards as defined in the Development Code. If the operation of the funeral home causes adverse effects upon the adjacent land uses, then the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible revocation of the Conditional Use Permit. 6) Any modification or intensification of the use including: a change in the operating hours;the addition of any activities not specifically approved with this Conditional Use Permit; interior modifications such as, but not limited to, an expansion of the floor area of the building, revisions to the floor plan, increase in the number of seats within the chapel; exterior modifications such as, but not limited to, expansion of the parking lot, revisions to the exterior of the building, installation of roof-mounted equipment or projections, and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Commission prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. 7) Easements shall be provided to the owner(s)of the adjoining parcels to the northwest and south (APN: 1100-031-06 and 1100-041-01) to allow joint access to Etiwanda Avenue and Candlewood Street via the proposed driveways and drive aisles of the project site. Documents for this easement shall be submitted for review by the City and the easement recorded with the County of San Bernardino (and other agencies/entities as may be required) prior to the issuance of Grading and Building Permits. 8) A minimum of 75 parking stalls shall be provided. 9) The output surface (face) of all lamp heads on wall-mounted light fixtures and the light standards shall be parallel to the ground in order to eliminate glare and minimize lighting on adjacent properties. The maximum height of light standards, including the base, measured from the finished surface is 15 feet. 10) The Etiwanda Avenue stone curbing shall be restored or reconstructed in conformance with adopted City standards acceptable to the Historic Preservation Commission. Photographic documentation of the condition of the curbing shall be provided prior to issuance of Construction Permits per Section 5.25.304 of the Etiwanda Specific Plan. 11) Outdoor storage of operating equipment, supplies, materials, and trash is prohibited. 12) All signs shall comply with the City's Sign Ordinance and Section 5.25.406 of the Etiwanda Specific Plan. 13) All Conditions of Approval for Development Review DRC2011-01094D shall apply. Engineering Services Department 1) Install public improvements on Etiwanda Avenue frontage (one-half street) per City "Secondary Arterial' standards and the Etiwanda Specific Plan (Fig. 5-23); including pavement to centerline of street, cobble curb and gutter, 5-foot wide property line adjacent sidewalk, drive approaches, streetlights and street trees as follows and to the satisfaction of the City Engineer. Extend improvements across the adjacent north property - APN: 1100-031-06 and join with Candlewood Street improvements. a) Provide 9500 Lumen HPSV street lights in accordance with City street lighting standards. b) Install Commercial Drive Approaches with a minimum width of 35 feet in accordance with City Standard Plan No. 101, Type-C. c) Provide access easement for adjacent south property fronting Etiwanda to allow them adequate access to Etiwanda Avenue through the south drive approach. d) Install cobble curb with a 10-inch curb face. e) Provide signing, striping, and protect existing R26 "No Parking" signs or replace. f) Provide a Class II Bike Lane on Etiwanda Avenue. g) Install street trees along the project frontages per the attached "Street Tree Requirements Form". Revise the existing improvement plans as needed. 2) Prior to the issuance of a Building Permit, the proposed lot line adjustment is to be recorded with the County of San Bernardino. 3) Dedicate additional right-of-way on Etiwanda Avenue to achieve a total of 50 feet measured from centerline of street (APN: 1100-031-07). Dedication shall extend north across APN: 1100-031-06 to Candlewood Street. 4) Provide shared access 26-foot driveway on the south property line (Etiwanda) with the adjacent south parcel. A 26-foot easement for a joint use driveway and shall be provided prior to the issuance of Building Permits, whichever occurs first. 5) bedicate additional right-of-way on Candlewood Street to achieve a �o}tal of 30 feet measured from the centerline of the street. Dedication 16'ixtend across APN: 1100-031-06 to and joining with the corner cU�'rjff with Etiwanda Avenue. Vacate any excess right-of-way across AON: 1100-031-01 as well. 6) If garage on APN: 1100-031-06 is removed by others prior to Building Permit issuance, complete the installation of sidewalk on Candlewood Street prior to Building Permit issuance. 7) Provide an easement to accept cross-lot drainage from the NAP parcel (APN: 1100-031-06). 8) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical) on the project side of Etiwanda Avenue shall be under-grounded along the entire project frontage,extending to the first pole off-site (north and south), prior to public improvement acceptance or occupancy,whichever occurs first. All services crossing Etiwanda Avenue shall be under-grounded at the same time. The developer may request a reimbursement agreement to recover one-half the City adopted cost for under-grounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 9) Prior to the issuance of Building Permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50 percent of all wastes generated during construction and demolition are diverted away from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first Building Permit application is submitted to the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. Building and Safety Services Department Prior to issuance of a Grading Permit 1) The applicant shall provide a copy of EPA Form 7520-16 (Inventory of Injection Wells) with the Facility ID Number assigned to the Building and Safety Official prior to issuance of the grading permit for any underground Water Quality Management Plan (WQMP) Best Management Practices (BMPs). 2) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. 3) Prior to removing fences or walls along common lot lines and prior to constructing walls along common lot lines the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 4) Prior to the issuance of a Grading Permit the applicant shall provide to the Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a Grading Permit. 5) The land owner shall provide an inspection report on a biennial basis for any proposed underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 6) Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). 7) A Grading Bond will be required to be submitted to the Building and Safety Official for review and approval prior to issuance of a grading permit. 8) All roof drainage flowing to the public right of way (Etiwanda Avenue) must drain under the sidewalk through a parkway culvert approved by the Engineering Services Department. Prior to issuance of a Wall Permit 1) On engineered bio-retention basin retaining walls along the property boundary, the structural calculations for the wall shall assume a level toe/heel at the adjacent off-site property (i.e. a manufactured slope is not present). In addition,the wall calculations and design shall include hydrostatic forces and shall be sealed so as to be "water tight." 2) A copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. Water Quality Management Plan 1) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a Grading Permit. 2) The Water Quality Management Plan prepared by an unknown entity dated January 11, 2012, has been reviewed and deemed"Incomplete" dated January 24, 2012. The following corrections are required prior to the final approval of the WQMP: Pae Section Item Cover The engineer of record must wet sign and seal the document. A-4 12 Please include the "DRC" number in this section. 1.4 Please include the Santa Ana River Reach 3 (SAR3) which contains bacteria and pathogens in this section. A-8 2.2 In the table item 1.A and 1.0 is correct. Item 1.6 should be marked "no", or as an option you may complete the table starting on page A-10 of the document. A-13 3.1.1 A sentence reads "Ultimately, a portion of that easterly strip might be constructed as a parking lot." Please address if the proposed BMPs will still work with the additional impervious area and will the 27 percent landscaping coverage remain or will the landscaping coverage be reduced. A-13 3.1.1 A sentence reads"The swale will slow down the runoff and will infiltrate most of the low flow into its sand-mix section." Please provide a detail of this swale. It is our understanding that this WQMP document will move forward of the grading plan. Therefore details of all BMPs are required to allow for future inspections by the City and for review during the permitting process to determine if the proposed precise grading plan meets the requirements of this WQMP document. A-14 3.1.1 Two sentences read"The area reserved . . . parking stalls in the future." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. A-16 3.1.2 A sentence reads "All areas of the side including . . ." A side of what? Please define a "side." A-17 3.1.2 A sentence reads "Only if necessary will a portion of the landscaped area be converted to parking stalls." Please address how the additional impervious pavement will affect the Water Quality Management Plan requirements and the proposed BMP devices. 3.2 We thank you for providing a copy of the educational materials in this WQMP document. However, we have some questions regarding the educational materials. Please address the following items: 0 SD-32 it appears that the requirements for a roof over the trash storage area and not placing storm drains within the immediate vicinity of the trash storage area have not been met on the Conceptual Grading and Drainage Plan; 0 SD-33 Why is this included? In the WQMP document you state that vehicle washing is prohibited; 0 TC-31 Is a vegetated buffer strip proposed? We did not see a vegetated buffer strip references in the WQMP document; 0 TC-32 One of the limitations are slopes not greater than 20%, the proposed bio-retention basin does not meet this requirement; Pae Section Item 0 "Fresh concrete and mortar application"-Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 "Excavation and Grading" - Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 "Home repair and modeling" - Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 "Painting" - Will this project have on-going construction which should be included within the post-construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 "Roadwork and Paving" - Will this project have on-going construction which should be included within the post- construction WQMP document? Would this educational material be better suited to the Storm Water Pollution Prevention Plan? 0 Why is the "Low Impact Development Manual' included in the educational materials? How will this benefit the property manager of the project? This document appears to be written for a designer or engineer for the preparation of the site improve ent plans. A-24 3.3 A paragraph reads "by separating the low flows and high flows . . . to avoid any co-mingling of the treated and untreated runoff." Please check your design; it appears that two catch basins are intercepting low flows causing a co-mingling of the flows. A-25 3.3 In Table 3-3 the only Pollutant of Concern which is treated is"Bacteria and Viruses." Please explain why the other expected and potential Pollutants of Concerns are not treated. A-26 3.4 The WQMP document describes a vegetated swale and includes educational materials for a vegetated swale, yet Table 3.4 does not include a vegetated swale. Please clarify this issue. A-27 4.1.1 0 Should a vegetated swale be included here? 0 A sentence reads"Refer to . . . TC-32 . . " Yet the bio-retention basin does not meet the stated requirements. Please address this issue. A-27 4.1.2 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future. A-28 5.1 Please include the title of the contact person. This will allow City staff to contact the appropriate individual in the future. A-29 6 The City of Rancho Cucamonga"Memorandum of Storm Water Quality Management Plan Agreement';the following items may be added to the agreement: Pae Section Item • File— please add the civil engineer of record's file number here • Prepared By — please add the engineering company here which prepared this document • Checked By—please add the initials of the engineerwhich prepared this document • Assessor's Parcel Number— please add the APN here A-31 Exhibit A Is this legal description before or after the lot line adjustment? If it is before the lot line adjustment, please include a proper legal description for the property which is affected for the recorder's office. Please provide a full size (24" x 36") WQMP BMP exhibit within the document. In addition the letter size exhibit is missing details of the BMPs and the inspection and maintenance schedule. Please understand that the City of Rancho Cucamonga is required to inspect these BMPs on a biennial basis. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Schedule truck deliveries and pickups during off-peak hours. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 16) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods(i.e., in excess of 10 minutes). 17) All industrial and commercial facilities shall designate preferential parking for vanpools. 18) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 19) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 20) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 21) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 22) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments,using their special qualities as a theme or focal point. • Pursue educating the public about the areas archaeological heritage. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • Prepare a technical resources management report,documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures(i.e., paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate,the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or replanted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM1a emissions. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil- stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specifications. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 8) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install light colored "cool" roofs and cool pavements • Install solar or light emitting diodes (LED's) for outdoor lighting. 9) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including lowflowfaucets,dual flush toilets, and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 10) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices(BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs)to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of Building Permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. This Council hereby provides notice to SCI Funeral Services, Inc. that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a)certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested,to SCI Funeral Services, Inc. at the address identified in City records.