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2009/01/14 - Agenda Packet - Planning Commission
• THE CITY OF RANCHO CUCAMONGA by PLANNING COMMISSION .MJ AGENDA RANCHO CUCAMONGA JANUARY 14, 2009 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL To ORDER Roll Call Chairman Fletcher Vice Chairman Munoz Stewart_ Howdyshell _ Wimberly _ • I II. ANNOUNCEMENTS III. APPROVAL OF MINUTES December 10, 2008 Regular Meeting Minutes IV. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT- DRC2008-00512 - TAMCO STEEL - JACK BURDETTE - A request to demolish and replace two industrial buildings: First a 6,500 square foot bag house air filtering system will be demolished and replaced with a 16,781 square foot bag house air filtering system. Second an 11,778 square foot electrical substation building will be demolished to allow for the construction of a 21,840 square foot electrical substation building. This will allow for an increase of production at the existing TAMCO Steel Plant on • 1 of 4 1ti t PLANNING COMMISSION AGENDA • b JANUARY 14, 2009 RANCHO CHCAMONGA approximately 80 acres of land in Sub area 15 of the Industrial Specific Plan in the Heavy Industrial (HI) Development District, located at 12459-B Arrow Route APN: 0229-121-35. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. B. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761 - LEWIS OPERATING CORP. -A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two story buildings within the Medium-High Residential Development District (14-24 d/u per acre) of the Terra Vista Community Plan. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. C. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 - LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium-High (MH) Development District (14-24 d/u • per acre) of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue-APN 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AND DESIGN REVIEW DRC2008-00306 - LEWIS OPERATING CORP. - A request to • construct a multi-family housing development consisting of 241 units on 15.69 acres of land within the Medium-High (MH) (14-24 d/u per acre) Development District of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue—APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. E. VARIANCE - DRC2008-00762 - LEWIS OPERATING CORP. -A request to construct walls with a calculated height of up to•10 feet high related to the development of 241 unit condominiums (DRC2008-00306) located within the Medium-High (MH) Development District(14-24 d/u per acre)of the Terra Vista Community Plan on the north side of Church Street and east of Milliken Avenue - APN 0227-532-16. F. CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET(NIDAL SAMAAN)-An appeal of a Planning Director decision to • 2 of 4 • 77 ,y lg�,9 PLANNING COMMISSION AGENDA Lsri JANUARY 14, 2009 RANCHO CUCAMONGA deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue. CONTINUED FROM DECEMBER 10, 2008. V. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VI. COMMISSION BUSINESS/COMMENTS VII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING TO DISCUSS PRE-APPLICATION REVIEW DRC2008-00947 I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 8, 2009, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. ' aIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. • 3of4 ` PLANNING COMMISSION AGENDA �.� JANUARY 14, 2009 RANCHO CUCAMONGA INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the • agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,039 for maps and $2,141 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonqa.ca.us • 4 of 4 • Vicinity Map Planning Commission January 14, 2009 ,....,... .:.:.:.......i.:::...._..,..„..:::: ::::::,.....:::::,1 -5-1_.::: ::::::::::...:::..„:1 E,......::::::".:,.....":...i.i......T...::::_:......,........,............ .. ::::::.:.„.:. . ....:::„.... .:.::... , . , , , . . :. , .. .. _ . .. . . , . .. , . . , , , , . . . , . . . , . .... , _ . . . . r r i SPH'ERE OF.:''.1:..:14:T::L..U..E.:N..:0..E I i Z W Q W Y ct J W LSI E H W QC NIL •N 14.1 } J " :. 1 h V ■ O cc 1 Q 011ir • 210 19TH '� —_ �. --'l/ (I . SE LINE Pr I `'�� I CHURCH I ■■� �a M FOOTHILL-qv Inir 0 1 ARROW• 8TH CI '1Z .4 c 1._1 B,C,D,E 00 • ti 5 z—' tl W 4TH F A N Meeting Location: City Hall 10500 Civic Center Drive • STAFF REPORT • PLANNING DEPARTMENT �s J RANCHO CUCAMONGA Date: January 14, 2009 To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Steve Fowler, Assistant Planner Subject: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2008-00512 - TAMCO STEEL - JACK BURDETTE - A request to demolish and replace two industrial buildings: First, a 6,500 square foot bag house air filtering system will be demolished and replaced with a 16,781 square foot bag house air filtering system. Second, an 11,778 square foot electrical substation building will be demolished to allow for the construction of a 21,840 square foot electrical substation building. This will allow for an increase of production at the existing TAMCO Steel Plant on approximately 80 acres of land in Subarea 15 of the Industrial Specific Plan in the Heavy Industrial (HI) Development District, located at 12459-B Arrow Route APN: 0229-121-35. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Existing Industrial Building with storage yard; Heavy Industrial (Subarea 15). Across Arrow Route: Existing Industrial Building; General Industrial (Subarea 8) South - Existing Industrial Storage Yard and Office Building; Heavy Industrial (Subarea 15) East - Existing Industrial Buildings and Storage Yard; Heavy Industrial (Subarea 15) West - Existing Utility Uses; Heavy Industrial (Subarea 15) B. General Plan Designations: Project Site - See table above: North - Heavy Industrial (HI), Across Arrow Route General Industrial (GI) South - Heavy Industrial (HI) East - Heavy Industrial (HI) West - Heavy Industrial (HI) • Site Characteristics: The 80-acre project site is a'puzzle piece'shaped parcel that is surrounded by existing development. The existing TAMCO Steel Plant is set back from the street over 700 feet at the entrance and surrounded by industrial uses but has a 330-foot piece of the parcel that fronts Arrow Route west of the entrance. The site gains access by a 25-foot access easement from Arrow • Route that gives this site a flag lot appearance. The property is bordered along the south property line by the Santa Fe Railroad tracks, with rail spurs branching onto the site. ITEM A PLANNING COMMISSION STAFF REPORT DRC2008-00512 —TAMCO STEEL (JACK BURDETTE) January 14, 2009 Page 2 • C. Parking Calculations: Parking For TAMCO Steel r ^n., eg ».x Ag § ri - Uses -s Sq Footage Number of Spaces)Regwred's fi Number of,Spaces '� `w - ..,rt r = cs .. y+ r„w ;� �� - ' +PrOVided* nr? A o t.^-.., is_._ ;.-:t^':>Mr'� i Fes;. _ '' ..,,, x._n.W. .issla��,+,..�'-F,.,. S ._ .... . +... ...x, _ �...:e,�s .>. .- Office 19,049 76 spaces 76 (Ratio 1:250 square feet) Manufacturing 91,113 182 spaces 185 (Ratio 1:500 square feet) Warehouse 70,490 38 spaces total 38 (Ratio 1:1000 square feet. Up to 20,000 square feet)=20 (Ratio 1:2,000 square feet from 20,000-40,000) = 10 (Ratio 1:4,000 square feet Over 40,000 square feet)=8 Totals:,==y, 5180;6521._ "r'_tw'. . „ :296°space s k _ `:' f ='299spaces V ANALYSIS: A. General: The primary purpose for the installation of a bag house air filtration system attached to the melt shop of the TAMCO Steel Plant is to maintain compliance with the state and federal regulations and increase the throughput. The proposal is to demolish the existing air pollution control system that is a 6,500 square foot bag type filter and replace it with a new air pollution • control system that will be 16,781 square feet and is also a bag type filter. The height of the new system is 109 feet tall, and the height of the existing melt shop building that this filter will be adjacent to is 123 feet tall. This building is proposed to be constructed of corrugated metal,which is the same as the existing melt shop building. Both buildings will be painted to match. The new electrical substation will be 21,840 square feet, and the existing substation to be demolished is 11,778 square feet. The substation will be constructed of the same materials and painted the same colors as the existing substations that will remain on the site. These buildings are constructed of CMU block and painted white. The structures increase the parking count but are not manned except for maintenance of these buildings. The site has 299 parking stalls and only requires 296 as, specified in the chart located in section 'C' Parking Calculations. The current plant is on approximately 80.02 acres of developed industrial zoned land located on the south side of Arrow Route, between the 1-15 Freeway and Etiwanda Avenue. TAMCO Steel was founded in 1956 as Etiwanda Steel Producers. It is the only mini steel mill in California. The current throughput of the plant is 51,210 tons a month. With the new bag house, this can be increased to 100,000 tons a month without an increase of emissions. The South Coast Air Quality Management District has issued a permit to operate the facility with the new equipment and is requiring annual testing of the equipment to assure that this new equipment performs as specified. These test requirements may be removed later if it is determined that the bag house performance is consistent over a number of years. The applicant has agreed to plant trees along the west and part of the south property lines to create a screen wall to soften the visual impacts of the new and existing large building on the site. • B. Design Review Committee: The project was reviewed by the Design Review Committee (Munoz, Stewart, and Nicholson) on November 18, 2008. The Committee approved the project as presented, as the project is an upgrade in equipment to satisfy air quality standards for the future A-2 PLANNING COMMISSION STAFF REPORT DRC2008-00512 — TAMCO STEEL (JACK BURDETTE) January 14, 2009 • Page 3 and the possible increase in production. The South Coast Air Quality Management District had already issued a permit to operate the facility with the new equipment. C. Grading and Technical Review Committee: The project was reviewed by both Committees on November 18, 2008. The Committees conceptually approved the plans. D. Environmental Assessment: An Initial Study was prepared for the entire project and released for public review on December 17, 2008. Based on the findings of the Initial Study, staff determined that the project could have a potentially significant adverse environmental impact unless reduced to a level of less-than-significant by the implementation mitigation measures. Areas identified as subject to potential environmental impacts were in Cultural Resources, Hydrology and Water, Noise, Air Quality, and Geology and Soils. Proposed mitigation measures have been included as conditions of approval for the project. Therefore, a Mitigated Negative Declaration is proposed for the project. 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 660-foot plus radius of the project site. A total of 12 notices were mailed. No direct public comments to staff have been received. RECOMMENDATION: Staff recommends that the Planning Commission adopt the proposed Mitigated • Negative Declaration of environmental impacts and approve Conditional Use Permit DRC2008-00512 through the adoption of the attached Resolution of Approval with Conditions. Respectfully submitted, Q. ►Jam?mg, royer, AICP Plarector J RT:S F/ge Attachments: Exhibit A- Project Plans Exhibit B - Initial Study Parts I and II Draft Resolution Recommending approval of Conditional Use Permit DRC2008-00512 • A-3 I I1@ . § __ M id § Q '.§ § - o 4-)) n - • m' 3 R o O b 3 £ �u I 3 0 : . s i$ E 2 - s 6\IC: f y; s a a mss mst o a _ig` ° -w 8°t N.� r e z a g g^rci is ao-G1 i p o. a I 0 j a z k 0 Z a—z-0 It 1 s oU 9 o E u o c it rO O C9 ©� ! z = 0 I Z ` _1 — a i q LLO L.6_I 7 g 9 I ce gR gi I 1 • x. 1 r c) D < Z 4 0 . li bill 1 ''b :g 1 ID 4.1 I lq. a' P" 181 ilw 6 w r° 1114!li 0 C9 1E21 Q li g AWN MN 121:1 0-2 ° oI- ' v~i L El Q to UC Q ac c` 0s E E I > U a - = > a y2E l'i L ' Z Z r E =E 1 8 2 e g 1 G a CO W ° g s Q O J Ecg s s s 7 311 1 N _ =o a ""- q 0 • i_2 � �i.. nE o1 5r EY e$yfl W- 2' s�a�°$�°$w oe i §§§§§ § ,� s - � .; �; .: mow EXHIBIT A �—A• 4 1 JAY VONVMLL3 I 1 ° ' Yt !. < al i5 ii N = ii 0 e = �I ❑ • ® ` 1 2 121 5 9( [� I i � g 1,r ti . o wa_: � Q3�8 < s �' C ODUF CH 3 I' m maw. le 6 w\� 6 V.i$ oi • _ . �. m o z / < ( !s . 10 N Z J c ® g I. a® 07 Law2ola ov J k 3S1 dw� ��a ¢ I - tlo [� F- OJYi J o 3 w _ nn O a U -t... g 61 cr- E J w ® a 1 , i k • ' 1:• -E3 . 11111 ri l 'iligLi.:11 \11 : 1 611 . h.1.. if; 1//// r: ' " I r. 1, i'pnl 1 - .. 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Use the tab key to move from one line to the next line.) Planning Department (909)477-2750 The purpose of this form is to mfor`m the City of the basic components of the proposed project so thatthe City'may review the project pursuantto City Policies,Ordinances,and _ Gwdelines, : the California Environmental Qualityy,A`ct, and -the City's Rules? and Procedures to Implement CEQA It is mportant that the information requested in this-. application be provided in full' Upon;review of}the completed-Initial'Study Part I and the development application, additional information such as, but not limited to traffics noise, biological;'drainage,and geological reports may be'i 4uired The project application will not be deemed complete unless the identified'spe iaf sfudies/reports are"_submitted for review and:accepted as complete and adequate The project application will not be chseduled for m Comittees review unless all required rep`otts'are submitted and deemed complete for staff prepare the Initial Study Part ll,as required by,CEQA in addition to the fling fee, the applicant will `be responsible,to pay,or*reimburse the City, its agents, offcers, and/or, consultants for=all costs for' the 4 preparation, review;:analysis, recommendations, mitigations, etc , of any special studies!or reports t • GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant 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: TAMCO 2008 New Air Filtering Equipment & Electrical Sub Station Name&Address of project owner(s): TAMCO Steel • 12459-B Arrow Route, Rancho Cucamonga, CA 91739 Name &Address of developer or project sponsor: TAMCO Steel 12459-B Arrow Route, Rancho Cucamonga, CA 91739 • Contact Person&Address: Jack Burdette Proj . Manager I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.docPage 1 of 10 Rev.3/17/04 EXHIBIT B All 12459-B Arrow Route, Rancho Cucamonga, CA • Name 8 Address of person preparing this form (if different from above): Matthew Jalali V.P. Environmental Department 12459-B Arrow Route, Rancho Cucamonga, CA 91739 Telephone Number 909-899-0660 ex. 7833 & ex. 7803 PROJECT INFORMATION & DESCRIPTION: Information indicated by an asterisk(`)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 indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location(describe): TAMCO Site • 4) •Assessor's Parcel Numbers(attach additional sheet if necessary): 0 22 9-121-3 3-0 0 0 0 ; • 0229-121-34-0000 `5) Gross Site Area (ac/sq. ft.): 80 . 22 a c • • `6) Net Site Area(total site size minus area of public streets 8 proposed dedications): 79 . 64 ac 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): No plan amendments or zone changes have been done or have an affect at this time. • 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental • I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.docPage 2 of 10 Rev.3/17/04 A-12 agencies in order to fully implement the project • • SCAQMD title V permit to construct. SCAQMD title V Air permit to operate. • City of Rancho Cucamonga permit to build. 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site(including age and condition)and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information(i.e.,geological and/or hydrologic studies,biotic and archeological surveys, traffic studies): The site is currently used for billet storage. It is level compacted dirt with a gravel cover in some areas. There are no structures, mature trees, animals, trails, roads or scenic aspects of any kind. Only a visual inspection was conducted to determine this. A soils report can be produced upon request. • • 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports and oral history): The site has no known cultural or historical aspects. The site is and has been used for steel production since the 1950's. • • I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.docPage 3 of 10 Rev.3/17/04 A-13 11) Describe any noise sources and theirlevels that now affect the site(aircraft,roadway noise,etc.)and how they will affect proposed uses: The site is adjacent to a railroad track used for cargo and pasanger trails; A • power production plant with multiple steam turbines; a wire mill; a scrap processing plant & a concrete pipe production plant. The proposed use of the site will not affect any conditions at or around the plant. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment Attach additional sheet(s)if necessary: The parcel in question is owned by TAMCO and currently is used for the process of ferous scrap into various grades of steel billets. When produceing steel in a hot metal furnace it is nessisary to contain any particulat that may become air born at the high temperatures requiered to melt metals. This is currently done on the site using air filtration equipment that is somewhat dated. To meet the future demands at this facility a new air filtration devise must be implemented. The proposed project is to build a foundation to hold the new purchosed air filtration equipment. This equipment is shorter than the existing buildings on the site but taller than 75 feet. Once in operation the equipment will not be occupied by any personnel. The equipment will only be entered when not in operation, and only for maintenance and inspection purposes. The project will be • done in one phase. 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use(residential,commercial, etc.),intensity of land use(one-family,apartment houses, shops, department stores, etc.)and scale of development(height, frontage, setback, rear yard, etc.): The surrounding properties are all zoned as heavy industrial. All neighboring sites are for void of plants trees and animals, with the exception of landscape around office buildings and road frontages. The majority of the sites are open land with various types of equipment, many of the sites have structures topping 100 feet. 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? The proposed project is indicative of all the surrounding structures, activities and general environment both in scale and character. • (:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Parti.docPage 4 of 10 Rev.3/17/04 A-14 15) Indicate the type of short-term and long-term noise to be generated,including source and amount. How will these noise levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed? • • Both in short term and long term there will be no affect on noise generation. Any noise generated is of the type expected in an industrial environment and will have no affect on the adjacent properties, therefore no soundproofing is proposed. '16) Indicate proposed removals and/or replacements of mature or scenic trees: No trees mature or otherwise currently exist on the proposed site. 17) Indicate any bodies of water(including domestic water supplies)into which the site drains: The site does not drain into any bodies of water. All drainage from the site runs through catchment basins and then into flood control channels. • 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at 987-2591. a. Residential(gal/day) ° Peak use(gal/Day) b. CommerciaU/nd. (gaUday/ac) 1863 Peak use(gaVmin/ac) 1863 19) Indicate proposed method of sewage disposal. ❑ Septic Tank Q Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga Valley Water District at 987-2591. a. Residential(gaUday) b. CommerciaVlndustnal(gaUday/ac) RESIDENTIAL PROJECTS: • 20) Number of residential units: Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: N/A Attached(indicate whether units are rental or for sale units): N/A • • I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.docPage 5 of 10 Rev.3/17/04 A-15 • • 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ • Rent(per month) $ to $ 22) Specify number of bedrooms by unit type: N/A 23) Indicate anticipated household size by unit type: N/A 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary:: b. Junior High: • c. Senior High COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s)and major function(s)of commercial, industrial or institutional uses: The function of the proposed air filtration equipment is to prevent air pollution from the melting portion of the of steel making process. 26) Total floor area of commercial, industrial, or institutional uses by type: Entire facility: XX,XXX sq. ft. This equipment: XX,XXX sq. ft. 27) Indicate hours of operation: 24 Hours a day/7 Days a week 28) Number of employees: Total: 390 (Entire Facility) Maximum Shift: 0 (This is a piece of equipment) Time of Maximum Shift: 24 Hours a day/7 Days a week • I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.docPage 6 of 10 Rev. 3/17/04 A-16 • 29) Provide breakdown of anticipated job classifications,including wage and salary ranges, as well as an indication of the rate of hire for each classification(attach additional sheet if necessary): • N/A 30) Estimation of the number of workers to be hired that currently reside in the City N/A '31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at(818)572-6283): All air pollution emission sources and levels are granted by the SCAQMD in TANCO's title V air permit. See attached. ALL PROJECTS 32) Have the water,sewer, fire,and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. • City fire safety and CVWD are aware of the project. Final decisions about supply and service have not yet been reached. • 33) In the known history of this property, has them 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 describe their use, storage, and/or discharge on the property, as well as the dates of use, if known. There are no known discharges of hazardous materials from this site. Some hazardous materials are stored on site, see attachments marked as #33. • (:\PLANNING\FINAL\FORMS\COUNTERUnitial Study Partl.docPage 7 of 10 Rev.3/17/04 A-17 34) Will the proposed project involve the temporary or long-term use,storage, or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. • The facility stores K061 hazardous waste. This piece of equipment is being put in place to collect air pollution particulates (K061) . See attachments marked #34 . Attachments marked #33 contain storage information. 35) The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission/Planning Director hearing: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability,that the facts,statements,and information presented are true and correct tot he best of my knowledge and belief I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. /� Date: Q,/G _ v f Signature: r�'t D 5M. t r " t 2 • Title: V. i.=n ✓rnrtn.C� 4,..C�_A/-,c/rr • • I:\PLANNING\FINAL\FORMS\COUNTER\Initial Study Padl.docPage 8 of 10 Rev.3/17/04 A-18 �- §!�. ac r- .�� ten. r y s:� .R x r k c I..: - ai ».d 1°4.a.. 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".- �PA1C(,�7C" 's... ,-..� ,- _- ... _ / .� . r. stt+rt_ ,ara - '-'�1`, !GI:n i� EF(auer' E ,_..,�"�. a �' .� i,`. 0 _ 5 i MILE 0 Kw FEET 0 51:1 1000 METERS INDEX MAP N roil TAM C° GEOTECHNICAL INVESTIGATION ENCLOSURE PROPOSED 2008 MILL UPGRADE "A-1" a,E 12459-B ARROW HIGHWAY ,foe NUMBER MARCH 2008 RANCHO CUCAMONGA,CALIFORNIA • 08134-3 ISCALE: 1"=2,000' A.19 �D C.H.�. Incorporated City of Rancho Cucamonga 111 ENVIRONMENTAL CHECKLIST FORM • INITIAL STUDY PART II BACKGROUND 1. Project File: Environmental Assessment and Conditional Use Permit DRC2008-00512 2. Related Files: None. 3. Description of Project: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2008-00512 - TAMCO STEEL - JACK BURDETTE - A request to demolish and replace two industrial buildings: First, a 6,500 square foot bag house air filtering system will be demolished and replaced with a 16,781 square foot bag house air filtering system. Second, an 11,778 square foot electrical substation building will be demolished to allow for the construction of a 21,840 square foot electrical substation building. This will allow for an increase of production at the existing TAMCO Steel Plant on approximately 80 acres of land in Subarea 15 of the Industrial Specific Plan in the Heavy Industrial (HI) Development District, located at 12459-B Arrow Route - APN: 0229-121-35. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. 4. Project Sponsor's Name and Address: TAMCO Steel • Jack Burdette 12459-B Arrow Route Rancho Cucamonga, CA 91730 5. General Plan Designation: Heavy Industrial 6. Zoning: Heavy Industrial (HI) Sub Area 15 7. Surrounding Land Uses and Setting: The project site is located on the south side of Arrow Route between the Interstate 15 Freeway and Etiwanda Avenue, bordered on all sides by industrial uses (see attached USGS Quad Sheet and aerial photo). The zoning designations for the - properties surrounding the site are also Heavy Industrial (HI). 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Steven Fowler, Assistant Planner (909) 477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): South Coast Air Quality Management District Permit. The applicant applied for the permit, which was granted on October 9, 2008. • A-20 • Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 2 • GLOSSARY—The following abbreviations are used in this report: CVWD—Cucamonga Valley Water District EIR — Environmental Impact Report FEIR — Final Environmental Impact Report NPDES—National Pollutant Discharge Elimination System NOx— Nitrogen Oxides ROG — Reactive Organic Gases PM,0— Fine Particulate Matter RWQCB— Regional Water Quality Control Board SCAQMD— South Coast Air Quality Management District SW PPP— Storm Water Pollution Prevention Plan URBEMIS7G — Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED • The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than-Significant-Impact" as indicated by the checklist on the following pages. (✓) Aesthetics (7) Agricultural Resources (✓) Air Quality ( ) Biological Resources (✓) Cultural Resources (✓) Geology &Soils ( ) Hazards &Waste Materials (✓) Hydrology &Water Quality ( ) Land Use & Planning ( ) Mineral Resources (7) Noise ( ) Population & Housing ( ) Public Services ( ) Recreation • ( ) Transportation/Traffic • ( ) Utilities & Service Systems ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (✓) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. �, Prepared By: S ,, �//�_�/p//�� Date: /Z o Reviewed By: . / t r p 1 t!n K rl/l/Iti Date: • • A-21 Initial Study for City of Rancho Cucamonga DRC2008-0051 2 Page 3 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project a) Have a substantial affect a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) .( ) (✓) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) () (V) quality of the site and its surroundings? d) Create a new source of substantial light or glare, ( ) ( ) (✓) ( ) which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho • • Cucamonga. c) The site is located on the south side of Arrow Route between Etiwanda Avenue and the Interstate 15 Freeway, and is characterized by industrial development surrounding the site. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that require shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (✓) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the • California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (V) Williamson Act contract? • c) Involve other changes in the existing environment, ( ) ( ) ( ) (✓) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? • A22 • Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 4 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With is PP g Potentially Mitigation Significant No Impact Incorporated Impact Impact , Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of ' Statewide Importance. The site is located on the south side of Arrow Route between Etiwanda Avenue and Interstate 15 and is characterized by industrial development surrounding the site. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan Final. Impact Report (FEIR) identified the conversion of farmlands to urba uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located on the south side of Arrow Route between Etiwanda Avenue and the • Interstate 15 Freeway, and is characterized by industrial development surrounding the site. The nearest agricultural site is a remnant grape vine patch that is approximately 100 feet northwest of the entrance of the project site. This site is no longer a viable agricultural • use since an application to develop the site has been submitted. The nearest agricultural use would be either a Christmas tree farm or strawberry patch, which would be over a mile away. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (✓) ( ) ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of ( ) () ( ) (✓) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including ,releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) ( ) ( ) (✓) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) () (✓) number of people? • A-23 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 5 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g SiImpict corporate SiImpict Impact Incorporated Impact Impact Comments: a) As noted in the General Plan FEIR (Section 5.6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) , During the construction phases of development, on-site stationary,sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air • quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed' by the South Coast Air Quality Management District (SCAQMD) on a • project-specific basis. Therefore, the following mitigation measures shall be implemented • to reduce impacts to less-than-significant levels: 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. A-24 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 6 Less Than • Significant Less Issues and Supporting Information Sources: Potentially wilt, an PP g Significant corporate Significant pa Impact Incorporated Impact Impact • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 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 Fine 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. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon the Urban Emissions Model 7G (URBEMIS7G) model estimates in Table 5.6-4 of the General Plan FEIR, Nitrogen Oxides (No,), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM10) would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures shall be implemented: • 10) 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). A-25 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 7 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact t 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) 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. • After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. • c) As noted in the General Plan FEIR (Section 5.6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. • d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located more than 1/3 mile from the nearest sensitive receptor. Therefore, no adverse impacts are anticipated. e) Typically, the use proposed can create objectionable odors without the use of filtering devices. One part of the project is to install a baghouse filtering system to reduce the emissions from the site. The project has been reviewed by the SCAQMD on October 9, 2008, and obtained permission to install the baghouse that is being installed as • part of the application. The SCAQMD is requiring annual testing of the performance of the equipment to determine if the equipment will operate in compliance with all applicable rules and regulations of the SCAQMD over a steady number of years. No adverse impacts are anticipated. • A-26 • Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 8 Less Than • Significant Less Issues and Supporting Information Sources: Potentially Mitigation rnic PP g Significant tot Significant a Impact Incorporated Impact Impact 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (✓) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (V) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ( ) ( ) ( ) (✓) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (V) resident or migratory fish or wildlife species or with established native resident or migratory wildlife • corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (1) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with industrial uses. The site has been previously disrupted during construction of infrastructure and surrounding developments. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby disrupting • any wildlife corridors that may have existed. No adverse impacts are anticipated. A-27 • Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 9 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) (V) () ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) () (✓) outside of formal cemeteries? • • Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5.11). Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special • qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. A-28 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 10 Less Than • Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, •to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation • measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are • discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation A-29 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 11 • Less Than Significant Less Potentially with Than Issues and Supporting Information Sources: Significant Mitigation Significant Impact Incorporated Impact Impact t is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as . ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. H) Strong seismic ground shaking? ( ) ( ) ( ) (✓) iii) Seismic-related ground failure, including • ( ) () ( ) (✓) liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) • • b) Result in substantial soil erosion or the loss of topsoil? ( ) (V) ( ) ( ) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (✓) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? • d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The Red Hill Fault, passes within 4.33 miles southwest of the site, and the Cucamonga Fault Zone lies approximately 5 miles north. These faults are both capable of producing Mw 6.0 to 7.0 earthquakes. Also, the San Jacinto Fault, capable of producing up to Mw 7.5 earthquakes, is approximately 7 miles northeasterly of the site and the San Andreas Fault, capable of up to Mw 8.2 earthquakes, is approximately 12 miles northeasterly of the site. Each of these faults can produce strong groundshaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. • b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion A30 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 12 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RWQCB) daily to reduce PM"emissions, in accordance with SCAQMD Rule 403. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM" 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 PM"emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAOMD and RWQCB)shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM"emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated • with large decreases or withdrawals of water from the aquifer. The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types on-site consist of Tujunga Loamy Sand Soil according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga Loamy Sand Soil according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically Tujunga Loamy Sand. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (• ) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (✓) • acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? A-31 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 13 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an () () () (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or • where residences are intermixed with wildlands? Comments: a) The project will not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full-service Hazardous Materials Division that is more comprehensive that any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. The proposed industrial buildings are to be constructed to house an air filtration system for the existing melt shop and an Edison substation for an existing rolling mill at the location. There are no potential impacts anticipated to the closest residential uses and elementary schools at this time. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full-service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. The proposed industrial buildings are to be constructed to house an air filtration system for the existing melt shop and an Edison substation for an existing rolling mill at the location. • There are no potential impacts anticipated to the closest residential uses and elementary schools. A-32 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 14 Less Than • Significant Less - Potentially With Than Issues and Supporting Information Sources: Significant rpor Significant No Imact Incorporated Impact Impact c) There are no schools located within 1/4 mile of the project site. The project site is located within 2.1 miles of the nearest existing or proposed school. The proposed industrial • buildings are to be constructed to house an air filtration system for the existing melt shop and an Edison substation for an existing rolling mill at the location. There no potential impacts anticipated to the closest residential uses and elementary schools. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The project site is located approximately 4 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. • h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Urban • Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would the project a) Violate any water quality standards or waste discharge ( ) () (V) ( ) requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (V) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase • the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? A-33 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 15 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Mitigation Significant Impact Incorporated Impact Impact e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (7) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) () ( ) (V) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) 0) (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( ) (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). • The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) Permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES Permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction Permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Construction Permit. The General Construction Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. • • Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an • NPDES permit. Construction project proponents are required to prepare a SWPPP. To comply with the NPDES, the construction contractor of the project has prepared a SWPPP during construction activities. The applicant has submitted a SWPPP, prepared by Accord A34 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 16 • Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant Impact Incorporated Impact - Impact Engineering, Incorporated, June 2007, which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various business plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval of a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the grading plan, and • implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to 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. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the SWPPP, prepared by Accord Engineering, Incorporated, June 2007, 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-35 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 17 • Less Than Significant Less Issues and Supporting Information Sources: Significant With an PP g SiImpcant Mitigation Significant Impact Incorporated Impact Impact i a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from groundwater in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future water facilities. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not • result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the NPDES to minimize water pollution. The following mitigation measures shall be implemented: • 1) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying 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 A36 • Initial Study for City of Rancho Cucamonga • DRC2008-00512 Page 18 Less Than • Significant Less Potentially With Issues and Supporting Information Sources: Significant Mitigation Significant Imp act Incorporated Impact Impact structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 2) 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. g) No housing units are proposed with this project. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit • V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (✓) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (✓) or natural community conservation plan? Comments: a) The site is located on the south side of Arrow Route between Etiwanda Avenue and the • Interstate 15 Freeway and is characterized by the industrial development surrounding the site. This project will be of similar design and size to surrounding industrial development A-37 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 19 • Less Than Significant Less With Than and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact all around the site. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Heavy Industrial. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (V) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓) mineral resource recovery site delineated on a local • general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site; therefore, there is no impact. • 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) (✓) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of • other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ( ) ( ) ( ) (✓) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ( ) (V) ( ) ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (1) • where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? A-38 Initial Study for City of Rancho Cucamonga DRC2O08-00512 Page 20 Less Than • Significant Less Issues and Supporting Information Sources: Potentially Significant nan PP g SiImpict citrporat Significant No Impact Incorporated Impact Impact f) For a project within the vicinity of a private airstrip, ( ) ( ) () (✓) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is not within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. No adverse impact expected. b) The proposed industrial buildings are to be constructed to house an air filtration system for • the existing melt shop and an Edison substation for an existing rolling mill at the location. The City's Development Code requires that all industrial uses be conducted within an enclosed building; hence, no adverse operational impact to nearby commercial uses is expected. However, at the time of occupancy, the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site • stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1) 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. 2) 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. The 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: • 4) 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 A39 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 21 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant corpihOe Significant No Impact Incorporated Impact Impact 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. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The project site is located approximately 4 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. • 12. POPULATION AND HOUSING. Would the project a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓) necessitating the construction of replacement housing elsewhere? • c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No impacts are anticipated. b) The project site contains no existing housing units. No adverse impact expected. c) The project site is vacant land. No impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) . ( ) ( ) (✓) b) Police protection? ( ) ( ) ( ) (✓) c) Schools? O O () (✓) d) Parks? ( ) ( ) ( ) (V) e) Other public facilities? ( ) ( ) ( ) (✓) A-40 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 22 Less Than • Significant Less Issues and Supporting Information Sources: Fo+ennany with Than PP g Significant corporte Significant Impact Incorporated Impact Impact Comments: a) The site, located on the south side of Arrow Route between Etiwanda Avenue and the Interstate 15 Freeway, would be served by a fire station located approximately 1.1 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The site is in a developed area currently served by the Etiwanda School District School District and the Chaffey Joint Union High School District. The project will be required to pay school fees as prescribed by State law prior to the issuance of building permits. No impacts are anticipated. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located approximately 2 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause • a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels-of-service (LOS), which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City built a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (7) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (7) • require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? A-41 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 23 • Less Than Significant Less Potentially With Than and Supporting Information Sources: Significant Mitigation sic No Impact Incorporated Impact Impact Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located 2 miles from the project site. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. b) See a) response above. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ( ) ( ) ( ) (✓) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (✓) service standard established by the county congestion management agency for designated roads or • c) highways? Result in a change in air traffic patterns, including () ( ) ( ) (✓) either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) f) Result in inadequate parking capacity? ( ) ( ) ( ) (✓) • g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: • a) Implementation of the proposed project will generate 701.6 vehicle trips daily. The proposed project includes the development of industrial buildings to house an air filtration system for the existing melt shop and an Edison substation for an existing rolling mill at the location. The Rancho Cucamonga Traffic Model estimates that each acre will generate 8.77 trips daily. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at • intersections. The project site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development Fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway A-02 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 24 Less Than • Significant Less Potentially With Than and Supporting Information Sources: Significant MI ligation Significant No Impact Incorporated Impact Impact t improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each acre will generate 250 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted Transportation Development Fee prior to issuance of building permits. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the LOS standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. c) The project site is located approximately 4 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide • street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity. No impacts are anticipated. g) The project design includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? _ • A-43 • Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 25 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact c) Require or result in the construction of new storm ( ) ( ) ( ) . (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (7) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (✓) regulations related to solid waste? • Comments: • a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes • the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. A-44 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 26 Less Than • Significant Less Potentially With Than and Supporting Information Sources: Significant Magadan Significant Impact Incorporated Impact Impact g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (✓) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (✓) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? • c) Does the project have environmental effects that will ( ) () ( ) (✓) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The site is not located in an area of sensitive biological resources as identified on the City • of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian-friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is • required. • A-45 • Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 27 • • Less Than Significant Less Supporting Information Sources: Potentially nt With Than Issues and Su PP g Sintia Incorporated Impact Impact c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. 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 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): (V) General Plan FEIR • (SCH#2000061027, Certified October 17, 2001) (✓) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (1) Industrial Area Specific Plan EIR (Certified September 19, 1981) • (✓) South Coast Air Quality Management, Facility Permit to Operate (October 9, 2008) (✓) Storm Water Pollution Prevention Plan (June 2007) • A-46 Initial Study for City of Rancho Cucamonga DRC2008-00512 Page 28 • 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. • Applicant's Signr — Date: /1—/7 dir Print Name and Title: r.TO Hi(/ 1' WL/ 2 rpCT r67 ,;*2eCT/C.fi6/el • • • • A-47 • City of Rancho Cucamonga MITIGATION MONITORING _,,.,,. PROGRAM Project File No.: Conditional Use Permit DRC2008-00512 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. • 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP.The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency (Planning Department/Engineering Department) 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 A-48 MITIGATION MONITORING PROGRAM DRC2008-00512 —TAMCO STEEL (JACK BURDETTE) Page 2 • 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures.The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached • hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. • A-49 S. ww .. a „;;,. • 0 0 0 O t tj %:. 7 V V CO Z +�'; N N N N N of 0�I?! O 0 ai ; Q r yT, O O FJ� .ti c) a, a a a Q ° a n 2 > r U tt.! w0 $'r'1 0 0 co 0 N V/ J �1 N N N co C Q .. c )i� a a a a o_ O ' A> o o `o o `o F_ p CO rnea IA1 3 3' Z = E � 0 0 a) a) CL C) EE_ Y .'4 > > > > TT> I- i>vi� CY a LL1 c u '15,o =• p Nf .. iT :..s U CM CS C) c €eY Z o a o 4i. .1 re W C C O 0 's m I— N a1 . O 6 0 O O — c.) S w kh�'.' 0_ 0_ 0_ in m i _ 0 w... 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Project File No.: Environmental Assessment and Conditional Use Permit DRC2008-00512 Public Review Period Closes: January 14, 2009 Project Name: Project Applicant: Tamco Steel - Jack Burdette Project Location (also see attached map): Located at 12459-B Arrow Route - APN: 0229-121-35. Project Description: A request to demolish and replace two industrial buildings: First, a 6,500 square foot bag house air filtering system will be demolished and replaced with a 16,781 square foot bag house air filtering system. Second, an 11,778 square foot electrical substation building will be demolished to allow for the construction of a 21,840 square foot electrical substation building. This will allow for an increase of production at the existing TAMCO Steel Plant on approximately 80 acres of land in Subarea 15 of the Industrial Specific Plan in the Heavy Industrial (HI) Development District. • 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 Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated 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 (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909)477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. • January 14. 2009 Date of Determination Adopted By A-58 RESOLUTION NO. 09-01 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2008-00512, A REQUEST TO DEMOLISH AND REPLACE TWO INDUSTRIAL BUILDINGS: FIRST, A 6,500 SQUARE FOOT BAG HOUSE AIR FILTERING SYSTEM WILL BE DEMOLISHED AND REPLACED WITH A 16,781 SQUARE FOOT BAG HOUSE AIR FILTERING SYSTEM. SECOND, AN 11,778 SQUARE FOOT ELECTRICAL SUBSTATION BUILDING WILL BE DEMOLISHED TO ALLOW FOR THE CONSTRUCTION OF A 21,840 SQUARE FOOT ELECTRICAL SUBSTATION BUILDING. THIS WILL ALLOW FOR AN INCREASE OF PRODUCTION AT THE EXISTING TAMCO STEEL PLANT IN SUBAREA 15, HEAVY INDUSTRIAL DISTRICT OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 11459-B ARROW ROUTE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0229-121-35. A. Recitals. 1. Jack Burdette on behalf of Tamco Steel filed an application for the issuance of Conditional Use Permit DRC2008-00512, 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 the 14th day of January 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing • on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 12459-B Arrow Route on the south side of Arrow Route between the 1-15 Freeway and Etiwanda Boulevard with a street frontage of approximately 345 feet and an average lot depth of 1,210 feet and which is presently improved with 98,032 square feet of manufacturing space, 22,009 square feet of office space, and 70,049 square feet of warehousing space; and b. The properties surrounding the site are all within Subarea 15, the Heavy Industrial (HI) District of the Industrial Area Specific Plan. The parcels on the north side of Arrow Route are within Subarea 8, the General Industrial Development District of the Industrial Area Specific Plan. The properties in both subareas contain large parcels with industrial uses; and A-59 • PLANNING COMMISSION RESOLUTION NO. 09-01 DRC2008-00512— TAMCO STEEL (JACK BURDETTE) January 14, 2009 • Page 2 c. The proposed use, together with the conditions applicable thereto, will not be • detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The new bag house will meet the South Coast Air Quality Management standards and be monitored by them to assure that the emission limits are not exceeded; and d. The project design meets or exceeds the Development Code development standards for setbacks, lot coverage, and building heights with this application. The Heavy Industrial Development District allows massive outdoor structures in an unscreened manner. This project has proposed a row of trees on the south and west property lines to screen or mitigate the visual impact of the large buildings from the 1-15 Freeway and the surrounding properties; and e. The design and exterior materials of the new buildings match the existing materials of corrugated metal for the bag house filter building and painted CMU block for the substation. The designs also match the old buildings, and these old building will be revitalized by painting and repairing them, a goal of the General Plan. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be • detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; • and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that A-60 PLANNING COMMISSION RESOLUTION NO. 09-01 • DRC2008-00512— TAMCO STEEL (JACK BURDETTE) January 14, 2009 • Page 3 that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. • c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department • 1) This approval is for the site plan, exterior building design, and landscaping for the TAMCO Steel expansion project at the subject site. • Plans submitted for plan check shall conform with the plans approved by the Design Review Committee on October 18, 2008, and final Planning Commission approval on January 14, 2009. 2) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. 3) The dense trees to be planted along the west and south property lines shall be maintained to aid in screening the melt shop and yard area. 4) Specimen size trees (24-inch box or larger) shall be planted along the west and south property lines in the areas as indicated on the approved plans to promote the early establishment of mature plantings. Severe wind conditions require all trees to be staked or guy wires used per City standards. Engineering Department 1) Three properties on the south side of Arrow Route, including this applicant, have been in contact with the Traffic Engineer regarding the installation of a traffic signal at the location of their current shared driveway. His direction to them was that the City would fund a signal if they reconstructed their shared driveway to align with a cul-de-sac • proposed on the north side of Arrow Route by Omnitrans (DRC2007-00440). A-61 PLANNING COMMISSION RESOLUTION NO. 09-01 DRC2008-00512 —TAMCO STEEL (JACK BURDETTE) January 14, 2009 Page 4 a) All parties on the south and north sides need to reach an • agreement on the location. b) The south leg of the new intersection shall be improved as a 44-foot wide street-type driveway entrance, in lieu of a City standard drive approach. c) Driveway entrance plans were submitted to the Engineering Services Department in February 2008, and plan check comments with redlined plans were returned on April 7, 2008. This plan check shall resume with the resubmission of corrected plans and the redlines. d) Easements for public traffic signal equipment maintenance will need to be provided on the private south leg of the new intersection. e) Confirm the existence of or provide reciprocal access easements from the shared driveway for all properties on the south side of Arrow Route. 2) 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 from landfills and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. 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. • • A-62 • PLANNING COMMISSION RESOLUTION NO. 09-01 DRC2008-00512 —TAMCO STEEL (JACK BURDETTE) January 14, 2009 • Page 5 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 occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 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 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 PM,() 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) 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). A-63 PLANNING COMMISSION RESOLUTION NO. 09-01 DRC2008-00512 —TAMCO STEEL (JACK BURDETTE) January 14, 2009 Page 6 11) All industrial and commercial facilities shall designate preferential • parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) 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. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special • qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • 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: A-64 PLANNING COMMISSION RESOLUTION NO. 09-01 DRC2008-00512 — TAMCO STEEL (JACK BURDETTE) January 14, 2009 Page 7 • • 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 a summary report to the 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. • 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 PM•0 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the Grading • Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a • A-65 PLANNING COMMISSION RESOLUTION NO. 09-01 DRC2008-00512 — TAMCO STEEL (JACK BURDETTE) January 14, 2009 Page 8 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) The developer shall implement the BMPs identified in the Storm Water Pollution Prevention Plan (SWPPP) prepared by Accord Engineering, Incorporated (June, 2007) 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 Engineer for approval of a WQMP, including a project description and identifying 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(NOD 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. • A-66 PLANNING COMMISSION RESOLUTION NO. 09-01 • DRC2008-00512 — TAMCO STEEL (JACK BURDETTE) January 14, 2009 • Page 9 Noise 1) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. • 2) 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. The 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) Haul truck deliveries on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m. including Saturday, or at any time on • Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary • I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and • adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of January 2009, by the following vote-to-wit: A-67 PLANNING COMMISSION RESOLUTION NO. 09-01 DRC2008-00512 — TAMCO STEEL (JACK BURDETTE) January 14, 2009 Page 10 AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • A-68 a „.bra COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2008-00512 • SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TAMCO STEEL — JACK BURDETTE LOCATION: 12459-B ARROW ROUTE —APN: 0229-121-35 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • General Requirements • Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval,or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-01, Standard / /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/ /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 b) Notice of Determination - $50 c) Mitigated Negative Declaration - $ 2,043.00 X d) Environmental Impact Report- $2,818.25 • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2009 Res& StfRpt\DRC2008-00512StdCond 1-14.doc A-69 • Project No. DRC2008-00512 Completion Date • B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use _/_/_ • has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet • wide. E. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All trees planted within this industrial project shall be specimen size trees-24-inch box or larger. _/_/_ APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) F. SEE ATTACHED APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • 2 1:\PLANNING\FINAL\PLNGCOMM\2009 Res& StfRpt\DRC2008-00512StdCond 1-14.doc A-70 COMMERCIAUINDUSTRIAL STANDARD CONDITIONS • NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW (S) A. General Requirements: 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; • d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., SUBTT, SUBTPM, CUP, DRC, etc.) • clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. B. Site Development: 1 . Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DRC2003-00110 and SUBTPM16125). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development • project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, A-71 and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. The Building and Safety Official shall provide the street addresses after tract/parcel • map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public counter). C. New Structures: 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistive construction. 2. Provide compliance with the California Building Code for required occupancy separations. • 3. Provide draft stops in attic areas. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC. 5. Openings in exterior walls shall be protected in accordance with CBC. 6. Upon tenant improvement plan check submittal, additional requirements may be needed. • D. Grading: 1. Grading of the subject property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices. The final Grading Plan shall be in substantial conformance with the approved Grading Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified Engineer or Geologist and submitted at the time of application for grading plan check. 4. The final Grading Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California registered Civil Engineer. • A-72 �c y� May Rancho Cucamonga Fire Protection District t �� } �. , Fire Construction Services ` .PrIRE STANDARD CONDITIONS January 6, 2009 Tamco Steel Conditional Use Permit "CUP" Air Filtering (New Bag House) & New Electrical Substation 12459-B Arrow Route DRC2008-00512 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonga.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Since the "Fire Protection Plan" (FPP) submitted for review encompasses equipment and buildings also proposed in a separate "Minor Development Review" (MDR) these Standard Conditions apply to both projects. Fire • Protection improvements apply to the MDR as described here in. FSC-1 Public and Private Water Supply Upgrades in accordance to the approved Alternative Method and Fire Protection Plan must be completed before the substation or roll mill alterations and additions begin. All requirements by CVWD must be performed in accordance with TAMCO's agreement with the water district. FSC-2 Fire Flow The required fire flow for this site based on the proposed roll mill alterations is 4000 gallons per minute at a.minimum residual pressure of 20-pounds per square inch. This requirement is in accordance with approved the Alternative Method. This Fire Flow requirement must be met before the roll mill facility is altered or the substation is constructed. FSC-3 Prerequisite for Submittal of the Overhead Automatic Fire Sprinkler and/or Standpipe Systems. Prior to submitting plans for an overhead automatic fire sprinkler system or standpipe systems, the applicant shall submit plans, specifications and calculations for the underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler or stand pipe systems' plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Any addition to the administration building will require that this entire structure be retrofitted with automatic fire sprinklers. Modification to the roll mill building will require the installation of • a stand pipe system in lieu of an overhead system and compliance to all the conditions of the approved alternative method. A-73 FSC-5, Fire Alarm System & Sprinkler Monitoring • •The 2007 California Building & Fire Codes, Ordinance FD46, and the approved alternative method require that the standpipe system, any overhead fire sprinkler installed and all underground or above ground control valves to be monitoring by "Central Station" monitoring fire alarm system. A manual and/or automatic fire alarm system fire may also be required based on the use and/or occupancy of the buildings. Plan check approval and building permits are required prior to the installation of a fire alarm or a fire suppression system's monitoring alarm. Plans and specifications shall be submitted to Fire Construction Services in accordance with the RCFPD Fire Alarm Standard 9-3. FSC-6 Fire District Site Access Fire District access roadways include public and private roads, and/or drive aisles designated by RCFPD. Please reference the RCFPD Fire Department Access Roadways Standard. The Fire lane improvements shall begin with the installation of any new equipment and/or buildings. All the fire lane improvements shall be substantially complete before the start of the roll mill alterations and/or the construction of the substation. Access Walkways: Hard surface access walkways shall be provided from the fire apparatus access road to all required building exterior openings. Access Doorways: doorway shall be accessible without the use of a ladder and shall be provided as per the approved plans of any building constructed. Access door shall be labeled in accordance to the RCFPD Standard 5-5. • Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with RCFPD Standard 5-4. Fire Lane Identification: Curb and pavement markings, signage and/or any other approved alternative method shall identify the fire lanes. A site plan illustrating the proposed fire lane delineation method that meets the minimum requirements of the Fire District shall be included in the architectural plans submitted to B&S for plan check approval. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings and equipment platforms on to the roofs of all industrial structures with roofs or platforms less than 75' above the level of the fire access road in accordance to the RCFPD Standard 5-6. FSC-7 The Fire Fighting Agent F-500 and its related equipment must be purchased, prepared for use by TAMCO and accepted by RCFPD before the plan check documents for the new substation and roll mill facility are submitted for plan check. FSC-8 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application. Field inspection and compliance to the regulations are required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, • A-74 2 which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous • to life or property. • Aerosol Products • Magnesium Working • Application of Flammable Finishes • Motor Vehicle Fuel-Dispensing Operation • Automobile Wrecking Yards • Battery Systems • Organic Coating • Candles and open flames in public assemblies • Ovens • Cellulose Nitrate • Powder Coating • Compressed Gases • Cryogenics • Dry Cleaning Plants • • Radioactive Materials • Dust-Producing Processes and Operations • Refrigeration Systems • Explosive or Blasting Agents • Repair Garages • Flammable and Combustible Liquids • Scrap Handling Operations • Spraying or Dipping Operations • Hazardous Materials • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • Welding and Cutting Operations • LPG or Gas Fuel Vehicles in Assembly Buildings FSC-9 Hazardous Materials — Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business • Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and A75 3 assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. • 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased property which is required to submit a Plan is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-10 Hazardous Materials - Submittal to Fire Construction Services A hazardous Materials Inventory Statement (HMIS) and a Hazardous Materials Management Plan (HMMP) shall be submitted and approved prior to plan check submittal for construction of the roll mill. It is required that TAMCO and its Fire Protection Engineer commence the preparation of these required documents at this time. RCFPD will assess fees to the facility for expired or existing renewable fire code permits until the complete study is prepared, reviewed and approved. Storage, use and dispensing of hazardous materials must be in accordance with the California Building and Fire codes, the National Fire Code, RCFPD • Ordinance FD46 and/or an approved alternate method by RCFPD. FSC-11 Alternate Method Application Fire Construction Services staff and the Fire Marshal have approved a request for an alternate method; All the provisions of the alternative method physically possible before the expansion of the roll mill must be completed and approved including the hazardous materials submittals to the San Bernardino County Fire Department and FCS-RCFPD. All other provisions of the alternative method must be completed before the final approval of the roll mill is granted and the roll mill operations resume. It will be taken into consideration that a small part of the required improvements per the approved Fire Protection Plan can not be physically completed until after the new roll mill is set in operation and the old roll mill is demolished. A feasible time line will be established at that time by the Fire Marshal to complete all the improvements. • A-76 4 STAFF REPORT c` i� PLANNING DEPARTME T L. Date: January 14, 2009 RANCHO CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761 - LEWIS OPERATING CORP. - A request to reduce the front-to-front building separation from within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTf18710 - LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue — APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AND DESIGN REVIEW DRC2008-00306 - LEWIS OPERATING CORP. - A request to construct a multi-family housing development consisting of 241 units on 15.69 acres of land within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue — APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. VARIANCE DRC2008-00762 - LEWIS OPERATING CORP. - A request to construct walls with a calculated height of lip to 10 feet high related to the development of 241 unit condominiums (DRC2008-00306) within the Medium-High Residential Development District (14-24 dwelling unit per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue —APN: 0227-532-16. PROJECT AND SITE DESCRIPTION: A. Project Density: 16 dwelling units per acre. B. Surrounding Land Use and Zoning —Terra Vista Community Plan: North - Milliken Park, Open Space South - Vacant Lot (across Church Street), Mixed-Use District - MHO (hospital, office and related facilities) East - Existing Multi-Family Residences, Medium-High Residential (14-24 dwelling units per acre) • West - Existing Storage Facility and Multi-Family Residences, Medium-High Residential (14-24 dwelling units per acre) ITEMS B,C,D & E PLANNING COMMISSION STAFF REPORT DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 2 • C. General Plan Designations: Project Site - Medium-High Residential, (14-24 dwelling units per acre) North - Open Space South - Mixed-Use (across Church Street) East - Medium-High Residential (14-24 dwelling units per acre) West - Medium-High Residential (14-24 dwelling units per acre) D. Site Characteristics: The 15.69-acre vacant project site is located on the north side of Church Street and east of Milliken Avenue. It is bounded by Milliken Park to the north, Church Street to the south, multi-family residences to the east (earlier phases of Homecoming at Terra Vista), and a storage facility and multi-family residences to the west. The site slopes gently from north to south and is covered with non-native grasses, which are routinely disturbed for weed control. There are no unique,features, nor any existing structures or trees on-site. There is a maximum 2-foot grade difference between the site and the developed lots to the north and west and a maximum 8 1/2-foot grade difference from the developed lot to the east. ANALYSIS: A. General: The proposed 241-unit rental condominium project is the final phase of the Homecoming at Terra Vista rental condominium development, which will have 868 units with the completion of this final phase. The related Development/Design review files for the earlier phases are DRC2001-00791 and DRC2005-00228. The submittal also includes a two-lot condominium map (SUBTT18710). The 15.69-acre project site will encompass Lot 1, and a 5-acre portion of an earlier phase of Homecoming at Terra Vista will encompass Lot 2. The project density is 16 dwelling units • per acre, which is at the low end of the 14 to 24 unit density range permitted within the Medium-High Development District of the Terra Vista Community Plan. B. Layout: The applicant proposes developing the southern portion of Lot 1, which is adjacent to Church Street, with a multi-family product that is identical in layout to that used on the earlier phases of the Homecoming project. Additionally, they plan to develop the northern portion of Lot 1, which is adjacent to Milliken Park, with smaller, single unit and duplex townhouse style buildings. The site will have a formal gated vehicle entrance on Church Street and share two additional vehicle connections with the earlier phases of the project. The site will also include pedestrian connections to Church Street, Milliken Park, and the earlier phases of the project. C. Design: The project includes 6 different building types which were designed to be reminiscent of Spanish style architecture. There will be 166 two-bedroom units and 75 three-bedroom units, ranging in size from 1,031 square feet to 1,571 square feet. Building Types 2 and 3 and 5 and 6 are paired buildings. The paired buildings consist of 4 or 5 (depending on the building type) two-story units with private patios separating the dwelling units from the garages, 2 units over the garages and 1 single-story unit located at the end of one of the buildings. Building Type 28 is a two-story detached single unit building with a patio located on the side of the building. Building Type 27 is a paired two-story unit with one unit with a balcony and a small ground level patio and the other unit with a patio located on the side of the building. All units surpass the private open space requirement, and the project as a whole surpasses the common open space requirement. D. Building Separations: The Terra Vista Community Plan specifies that projects located within the Medium-High Residential Development District use the building separation requirements outlined in the Development Code (Table 17.08.040-E), which are 30 feet front-to-front and 15 feet side-to-side and rear-to-rear. Building separations for the project were calculated from building • face-to-building face. The face of the building was measured from the main building wall plane beyond the covered entrances and porches. The building separations for the 7-unit (Types 2 and B,C,D, & E- 2 PLANNING COMMISSION STAFF REPORT DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 • Page 3 8-unit (Types 5 and 6) all meet or exceed the minimum separation requirements. The building separations for the detached single-unit (Type 28) and duplex (Type 27) buildings are 16 feet front-to-front and 8 feet side-to-side, which is deficient in meeting the building separation requirements. The applicant has requested an amendment to the submitted .a(Terra Vista Community Plan (DRC2008 00761) for reduced building setbacks in the Medium-High Residential Development District. E. Terra Vista Community Plan Amendment: The Planning Commission reviewed and approved the applicant's request to initiate the proposed Terra Vista Community Plan Amendment on November 12, 2008. The amendment proposes reducing the required front-to-front setback from 30 feet to 16 feet and the side-to-side setback from 15 feet to 8 feet. The amendment will only cover single and duplex two-story buildings within the Medium-High Residential Development District of the Terra Vista Community Plan. The applicant requests to add the following underlined text to the existing building separation criteria outlined in the Terra Vista Community Plan for Medium-High Residential development: Chapter V, Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exception: Two-story duplex and detached single-unit buildings may be developed with a reduced front-to-front building separation of 16 feet and a side-to-side building separation of 8 feet. The applicant indicates that the requested reduction in the City's building separation requirements • is justified because the proposed townhouse-style units will provide the residents with a living arrangement that, at most, shares one wall, which will reduce noise issues between adjoining units and will allow more daylight into each unit through the placement of windows on the side elevations. Additionally, the decreased building separations will allow the townhouse-style units to meet the density requirements of the Medium-High Residential District (14 to 24 units per acre). Staff concludes that proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City. F. Recreational Amenities: The Development Code requires that projects between 101 and 299 units provide five recreational amenities from an approved list. The applicant proposes four amenities from the approved list and one non-conventional amenity (rain and wind gardens). The Design Review Committee has reviewed and tentatively approved the rain and wind gardens as suitable amenities. The applicant has also requested that they be able to count amenities provided on the earlier phases of the overall project for the following reasons: 1) that they developed 40 units less than were originally approved on the earlier phases (DRC2001-00791 and DRC2005-00228); 2) the large size of those amenities; and 3) that the tenants will have easy access to those amenities. The applicant proposes the following amenities: On-site: • Outdoor recreation area (28-foot by 36-foot pool, 9-foot diameter spa, two shade pavilions, sun deck, and restrooms). • Four outdoor kitchen nodes (BBQ, sink, granite counter tops and seating). • • Rain (water feature) and wind (wind sculpture) gardens that include decorative landscaping, hardscape and seating area. • B,C,D, & E- 3 PLANNING COMMISSION STAFF REPORT DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 4 • Off-site: • Recreation building totaling 14,000 square feet (exercise room, media lounge, game room, library, café, etc.) • Tot Lot located directly adjacent to the east property line. G. Parking Calculations: The site will include a total of 534 parking spaces, 25 spaces over the minimum requirement. Nineteen of the guest parking spaces will be provided off-site, directly adjacent to the east property line on an earlier phase of the project. The applicant has informed staff that they strictly monitor on-site parking through the use of parking stickers and passes for both tenants and guests. This strict control has resulted in residents and guests always having adequate available parking (see parking survey). Staff believes that with the parking provided and good parking management, there will be more than sufficient parking to meet the projects needs. Parking Calculation Number of Bedrooms Number of Units Code Standard SubTotal (Spaces) Two-Bedroom Units 166 1.8 spaces/unit 299 Three-Bedroom Units 75 2 spaces/unit 150 Guest Parking 241 .25 spaces/unit 60 Total Spaces Required 509 • Total Enclosed Spaces Provided 368 • Total Unenclosed Spaces Provided 147 Total Guest Spaces Provided on Adjacent Parcel 19 Total Parking Spaces Provided 534 H. Variance: The applicant is requesting to construct property line walls with a calculated height as high as 10 feet along portions of the east property line and 7 feet high along portions of the north and west property lines (DRC2008-00762). The maximum permitted wall height is 6 feet for all residential districts within the Terra Vista Community Plan area. The additional wall height is necessary because of the grade difference between the applicant's site and the existing residential projects to the east and west and the City park to the north. The 10-foot high wall along the east property line will be partially screened by a proposed pedestrian ramp that will connect the site with the earlier phases of the project. FACTS FOR FINDINGS: The purpose of a Variance is to provide flexibility from the strict application of the development standards when special circumstances pertaining to the property such as size, shape, topography or location deprives such property of privileges enjoyed by other property owners in the vicinity and in the same district. In order to grant a request for a Variance, the Planning Commission must make a series of findings. Generally, these findings focus on unique or special circumstances applicable to a specific property. Following are facts to support the necessary findings: 1. Finding: That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code. Fact: The City has a policy of requiring 6-foot high property line walls on all residential developments. The grade difference between the project site and the neighboring lots necessitates • that the applicant construct retaining walls topped by free-standing wrought iron fences. Without the Variance, the proposed walls/fences would be over the maximum 6-foot height permitted by the B,C,D, & E- 4 PLANNING COMMISSION STAFF REPORT DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 • Page 5 • • Terra Vista Community Plan. The elimination of the retaining walls would require the applicant to significantly redesign the project, which would result in the development of fewer units and the • project being deficient in meeting the density range of 14 to 24 dwelling units per acre required in the Medium-High Residential Development District, thus placing an unnecessary physical hardship on the applicant. 2. Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone. Fact: The subject inf ill site is surrounded by developed lots which were graded at the time of development in a manner that has led to there now being significant grade differences between the site and the lots to the north, east, and west, necessitating the need for retaining walls topped by the required 6-foot high property line walls. 3. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in same zone. Fact: Without the requested Variance, the applicant would be limited to constructing walls less than the required 6-foot height, which would deprive the applicant from the ability to properly secure the perimeter of the site. 4. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent • with the limitations on other properties classified in the same zone. Fact: The additional wall height will allow the applicant to construct property line walls with a maximum height of 6 feet, as measured on the shortest side of the wall/fence, which is consistent with the surrounding properties and should not be considered the granting of a special privilege. 5. Finding: The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Fact: The proposed walls to the north and west will have a calculated height that is 1-foot greater than that permitted by the City. The proposed east property line wall separates two properties owned by the applicant. Staff believes that the design of the subject walls do not appear to result in unwanted view or visual impacts on the neighboring properties and will not result in significant impacts that would be detrimental to the public welfare or are injurious to the other properties in the vicinity. I. Design Review Committee: The project was reviewed by the Committee (Stewart, Munoz, Nicholson) on November 18, 2008. The Committee recommended approval of the project with the following changes to the rear elevations of the 7- and 8-unit buildings: (1) add window surrounds; (2) increase the size of faux window shades; and 3) add a decorative belly band to help break-up the large wall planes. The applicant has made all the requested changes to staff's satisfaction. J. Grading and Technical Review Committees: The project was reviewed by these Committees on November 18, 2008. The Committees recommended approval of the project without changes. • K. Neighborhood Meeting: A neighborhood meeting was held on November 17, 2008. The meeting was attended by one resident who lives in the single-family residences south of the project across Church Street. The resident was interested in visiting the site and seeing what was being • B,C,D, & E- 5 PLANNING COMMISSION STAFF REPORT DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 - LEWIS OPERATING CORPORATION January 14, 2009 Page 6 • proposed. The applicant's representative presented a slide show highlighting the layout and amenities of the existing project and how the proposed project will be integrated into the overall site plan. The resident did not raise any concerns about the proposed project. L. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to air quality, biological resources, geology and soils, hydrology and water quality and noise, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. 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 660-foot radius of the project site. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council adopt a Mitigated Negative Declaration of environmental impacts and approve Terra Vista Community Plan Amendment DRC2008-00761. Terra Vista Community Plan Amendment DRC2008-00761 will be forwarded to the City Council for final action. Staff also recommends that the Planning Commission approve Tentative Tract Map SUBTT18710, Development • Review DRC2008-00306, and Variance DRC2008-00762 by adoption of the attached Resolutions of Approval with Conditions and issuance of a Mitigated Negative Declaration of environmental impacts. Resp ctfully submitted, Jam R. Troyer, AICP Planning Director JRT:TV\ma Attachments: Exhibit A - Site Utilization Plan Exhibit B - Architectural Site Plan Exhibit C - Elevations, Roof Plans, and Floor Plans Exhibit D - Tentative Tract Map Exhibit E - Conceptual Grading Plans Exhibit F - Landscape Plans Exhibit G - Design Review Action Comments dated November 18, 2008 Exhibit H - Initial Study Parts I and II Draft Resolution of Approval for Terra Vista Community Plan Amendment DRC2008-00761 Draft City Council Ordinance for Terra Vista Community Plan Amendment DRC2008-00761 Draft Resolution of Approval for Tentative Tract Map SUBTT18710 • Draft Resolution of Approval for Development Review DRC2008-00306 Draft Resolution of Approval for Variance DRC2008-00762 B,C,D, & E- 6 xi g ! e S; � I 119 gg I .� !F ] ( e OBI la � ill!ErP L y '{P : .' (I! : P gg, � shl d r c6; MI [ ��a i ► i.0 { . eey Reg! If{€H �m e+is O r ii 2 a H X06@ - �, _ : !!!'s! ec ;:!S !��. ��� {e ( i '- zr� Udsa IMO r: "! ilii Ord: 9! 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EtJ isiz 03 / cF 1 -era t solarium � f � .2 ' h F r- < • If ,t I ~ U! 5 / © -_.�n `�... V \`/ ,T, 4-, p ' \1 9 11 .., j ' 'gyp ° I �` R j ' j S a e �I �1 Id I� �. Wo �— �p M% N� t co I CD sc 111±t' P, 10 ` m i i of > ' '1 -,....-1❑❑ R O u t cd 14 d 6 s = S a v 1 _ � 3 t yT • B,C,D, & E- 40 • DESIGN REVIEW COMMENTS 7:20 p.m. Tabe van der Zwagg November 18, 2008 • ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 - LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium High (MH) Development District of the Terra Vista Community Plan, located on the north side of Church Street, east of Milliken Avenue —APN: 0227-532-16. DEVELOPMENT AND DESIGN REVIEW DRC2008-00306 - LEWIS OPERATING CORP. - A request to construct a multi-family housing development consisting of 241 units on 15.68 acres of and within the Medium High (MH) Development District of the Terra Vista Community Plan, located on the north side of Church Street, east of Milliken Avenue —APN: 0227-532-16. Background: Lewis Operating Corporation has submitted an application to develop a 241-unit rental condominium project. The project is the final phase of the Homecoming condominium development located on the north side of Church Street, east of Milliken Avenue. The submittal also includes a two-lot condominium map (Tentative Tract Map SUBTT18710). The applicant proposes developing the southern portion of Lot 1, which is adjacent to Church Street, with a multi-family product that is identical in layout to that used on the earlier phases of the Homecoming project. The northern portion of Lot 1, which is adjacent to Milliken Park, is proposed to be developed with smaller single unit and duplex townhouse style buildings. The duplex buildings do not meet the City's minimum building separation requirements. The applicant has requested to initiate a Terra Vista Community Plan text amendment to •allow a reduction in building separation requirements. The text amendment is scheduled to be reviewed at the November 12, 2008, Planning Commission meeting. ANALYSIS: The project meets the required minimum building setbacks, lot and landscape coverages, building separation requirements (except for the duplex product as discussed above), resident and guest parking requirements, and the quantity of recreational amenities. The duplex product proposed for the northern portion of the site has a Monterey architectural theme and consists of two different floor plans. One floor plan will have a side entrance with the patio located adjacent to the entrance and the other floor plan will have a second-story deck. All the downstairs patios will have a minimum depth of 8 feet. The balconies will have a depth of 6 feet. Staff is pleased with the overall design of the proposed elevations. The multi-family product proposed for the southern portion of the site will be similar in design to the earlier phases of the Homecoming project, which will consist of 7- and 8-unit buildings that have patios located between the garages and the living spaces. Staff directed the applicant to re-design the elevations of these buildings to be closer in design theme to the duplex product. The applicant, though, believes that the proposed buildings are an extension of the existing project and is very reluctant to make significant changes to the elevations of buildings; however, have agreed to a number of detail changes to help emphasize the Spanish architectural style of the buildings in order to better harmonize the two different building types proposed for the site. The detail changes include adding arches to the front entrances and garage door openings, adding front doors and garage doors more appropriate to the Spanish architectural style, adding rafter tails to the gable ends, adding wood corbels to the garage overhangs, and carrying the windows surrounds to all the windows (except for windows facing interior "'patios). EXHIBIT G B,C,D, & E- 41 DRC ACTION AGENDA SUBTT18710 AND DRC2008-00306— LEWIS OPERATING CORP. November 18, 2008 Page 2 • The project will share two points of vehicular access with the rest of the Homecoming development and will share a number of pedestrian connections. Each unit will have one enclosed parking space (3-bedroom units will have two enclosed parking space) and 147 unenclosed spaces. Additionally, 19 new parking spaces will be created directly adjacent to the site (on an earlier phase of the project). The total guest parking spaces will be 24 parking spaces over the minimum requirement (61 guest stalls are required). The applicant has informed staff that they strictly manage on-site parking and believe that the proposed number of guest parking spaces will adequately serve the parking demand of the project. Future tenants will have access to all the recreation amenities located on the earlier phases of the project, including the 14,000 square foot recreation building. The site will include a swimming pool, spa and sun deck, four BBQ nodes, a rain garden, and a wind garden. The rain and wind gardens will utilize areas that are also being used as water retention basins to satisfy Water Manage Quality Control (WQMP) requirements. Additionally, the site will also have a gated entrance to Milliken Park which is located directly north of the site. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project. 1. There are no major issues. Secondary Issues: • 1. Staff has recommended that the applicant add window surrounds that match the other elevations to the windows facing the interior patios of the multi-family buildings. The applicant feels that these windows are only visible from the patios and do not justify the additional cost. 2. The Committee should provide input and direction regarding whether or not there is adequate guest parking. Staff Recommendation: Staff recommends that the Committee consider the Secondary Issues outlined above and forward the project to the Planning Commission for final review if all issues are resolved. Design Review Committee Action: Members Present: Munoz, Stewart, Nicholson ' Staff Planner: Tabe van der Zwaag Commissioners Stewart and Munoz were supportive of the proposed project, though they required that the applicant enhance the rear elevations of the 6- and 8-unit multi-family buildings to include window surrounds to match the front elevations and to enlarge the faux window shutters. The Committee informed staff that the project could go directly to the Planning Commission once staff is satisfied that the required changes are made. • B,C,D, & E- 42 ENVIRONMENTAL INFORMATION FORM • %t; (Part I - Initial Study) City of Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) Planning Division (909)477-2750 * e 'V x'; x r -I- a �.a.c.. a i,,F:r.rezt F� .k;•s q rani=d , , .Tiiy::" �f y x;rthe purpose of�this� form is toiunformt the City; ofi�the basic componentsilot thee, 'a proposed project so that the City'may;review .the project pursuant toi City Policies,, ;Ordinances,siand Guidelines, the California'Environmental Quality Act,and the,City'sr'-r Rules and Procedures ,to Implement^CEQA E' It is imports,nt thato-thi informational:' requestedtjncthis=application,be.1provided�infull.'= t,' 4, , ' ;i r , S.C. ,I,.f, ,.__,'' . ...Ror _.,... ':.?., ,-._ =3,.. a x?... .. m_ , +t 4, . ‘,, . .f..., n.. . _ ,.a_ t:5s..i GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant 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: Homecoming at Terra Vista Phase 4. Name&Address of project owner(s): •LGC Homecoming at Terra Vista, LLC 1156 N. Mountain Avenue Upland, CA 91785 Name &Address of developer or project sponsor. - Lewis Operating Corp. 1156 N. Mountain Avenue Upland, CA 91785 Contact Person &Address: Christopher Greiner, 1156 N. Mountain Avenue, Upland, CA 91785 Name &Address of person preparing this form(if different from above): • Telephone Number 909-946-7526 H 08 04-07 City of Rancho Completed Environn EX Ft fp'TE ' 43 Created on 5/22/2002 4:09:00 PM s. PROJECT INFORMATION & DESCRIPTION: Information indicated by an asterisk(*)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 indicate the.site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west; views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location(describe): North Side of Church Street, East of Milliken Avenue, West of Terra Vista Parkway, 4) Assessor's Parcel Numbers(attach additional sheet if necessary): Apn: 0227-532-16 *5) Gross Site Area (ac/sq. ft.): 15.68 ac./683,229 sf. *6) Net Site Area (total site size minus area of public streets&proposed dedications): 15.68 ac./683,229 sf. 7) Describe any proposed general plan amendment or zone change which would affect the project site • (attach additional sheet if necessary): No general plan amendment or zone change required for this project as proposed. 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other govemmental.agencies in order to fully implement the project: Building permits for buildings, fence & walls, light standards, and trash enclosures will be necessary. 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition)and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): No existing structures, steep topography, mature trees, trails, roads, drainage courses or scenic views currently exist on this project site. The site was mass graded with the Terra Vista Master Plan and minimal weed abatement and grading has been done in correlation with the building of the first three phases of the Homecoming at Terra Vista apartment project. Geological, noise and traffic studies • 08 04-07 ".ity of Rancho Completed EnvironmentallnfoForm.docxPage 2 of 9 Created on 5/22/2002 4:09:00 PM B,C,D, & E- 44 • • have also been completed for the first three phases of the apartment project which will be used for reference. A separate Water Quality Management Plan was designed and installed for Phase 2 and 3 • of this project. This project is a subsequent phase of the existing Homecoming at Terra Vista project project which was approved under DRC2001-0791. • 10) Describe the known cultural and/or historical aspects of the site: Cite all sources of information (books,published reports and oral history): There are not significant cultural and/or historical aspects on this site. The initial aspects were described in the original Terra Vista Master Plan. • 11) Describe any noise sources and their levels that now affect the site(aircraft, roadway noise, etc.) and how they will affect proposed uses: Noise mitigation will most likely be required for those residential units facing Church street based upon the analysis completed for Phase 1 and 2 of Homecoming at Terra Vista. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s) if necessary: The 243 units proposed in this project are the completion of the Homecoming at Terra Vista Apartment project. These units are intended to support the existing 627 unit apartment project and will be built in a single phase. Homecoming at Terra Vista will then become a complete 870 unit apartment project with a 14,000 sf. recreation building, 3 pools, 3 spas, 2 tot lots, 4 outdoor kitchens, putting • • green, outdoor fireplace, tennis court and half court basketball. 08 04-07 City of Rancho Completed EnvironmentallnfoForm.Wcd've 3f E_ 45 Created on 5/22/2002 4:09:00 PM • • 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use(residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.)and scale of development(height, frontage, setback, rear yard, etc.): This project is bordered by the 168 unit Brighton attached townhome units to the west, Milliken Park to the north, 627 units of Phases 1-3 of Homecoming at Terra Vista to the North and East and 216 units of Fountain Glen's senior project and 300+1- medium high density residential units on the opposite side of Church Street to the south. The project is designed as a mixture of two story- single, duplex and townhouse units to complement the existing surrounding product. 14) Will the proposed project change the pattem, scale or character of the surrounding general area of the project? • No. The use is consistent with the use in the Terra Vista Master Plan. 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these • noise levels affect adjacent properties and on-site uses. What methods of soundproofing are proposed? Noise mitigation will be required along Church Street similar to Phase 1 and 2 which was required to install a masonry wall to mitigate 1st floor impacts and sound glass to mitigate 2nd floor impacts. *16) Indicate proposed removals and/or replacements of mature or scenic trees: No trees currently onsite. • 17) Indicate any bodies of water(including domestic water supplies) into which the site drains: The site drains • into Deer Creek Channel. • 08 04-07 City of Rancho Completed EnvironmentallnfoForm.docxPage 4 of 9 Created on 5/22/2002 4:09:00 PM B,C,D, & E- 46 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591. a. Residential(gal/day) 97,200.00 . Peak use(gal/Day) 194,400.00 • b. Commercial/Ind. (gal/day/ac) Peak use(gal/min/ac) 19) Indicate proposed method of sewage disposal. ❑ Septic Tank ® Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591. a. Residential(gal/day) 48,600.00 b. Commercial/Industrial(gal/day/ac) • RESIDENTIAL PROJECTS: 20) Number of residential units:243 Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: N/A • Attached(Indicate whether units are rental or for sale units): Rental • 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(per month) $1,515.00 to $2,375.00 22) Specify number of bedrooms by unit type: 168 two bedroom units and 75 three bedroom units • • 23) Indicate anticipated household size by unit type: Anticipated 2 residents per 2 bedroom and 2.5 per 3 bedroom based upon previous phase rentals. • 08 04-07 City of Rancho Completed EnvironrnentallnfoForm.cceae 5gif _ 47 Created on 5/22/2002 4:09:00 PM 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: 30 b. Junior High: 10 • c. Senior High 32 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s)of commercial, industrial or institutional uses: 26) Total floor area of commercial, industrial, or institutional uses by type: 27) Indicate hours of operation: 28) Number of employees: Total: Maximum Shift: • Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification(attach additional sheet if necessary): 30) Estimation of the number of workers to be hired that currently reside in the City: *31) For commercial and industrial uses only, indicate the source, type and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at(818) 572-6283): • 08 04-07 City of Rancho Completed EnvironmentallnfoForm.docxPage 6 of 9 Created on 5!22/2002 4:09:00 PM B,C,D, & E- 48 ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies sewing the project been contacted to determine their ability to • provide adequate service to the proposed project? If so, please indicate their response. Yes. CVWD will be conducting a fire flow test at this location to verify pressure for design. • 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include, but are not limited to PCB's;radioactive substances;pesticides and herbicides;fuels, oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known. • None. 34) Will the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic • materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. None. I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: 9/0 Signature: AP • Title: Vice President - Multifamiy Development • • 08 04-07 City of Rancho Completed EnvironmentallnfoForm. c%cPue 7 f t_ 49 Created on 5/22i2002 4:09:00 PM ATTACHMENT A • Water Usage Average use per day • Residential Single Family 600 gal/day Apt/Condo 400 gal/day Commercial/Industrial General and Regional Commercial 3,000 gal/day/ac - Neighborhood Commercial 1,500 gal/day/ac General Industrial 2,500 gal/day/ac • Industrial Park 3,000 gal/day/ac • Peak Usage For all uses Average use x 2.0 Sewer Flows . Residential Single Family 270 gal/day Apt/Condos 200 gal/day Commercial/Industrial General Commercial 2,000 gal/day/ac Neighborhood Commercial 1,000 gal/day/ac • General Industrial 1,500 gal/day/ac Heavy Industrial 3,000 gal/day/ac Source: Cucamonga County Water District Master Plan, 6/00 • • 08 04-07 City of Rancho Completed EnvironmentallnfoForm.docxPage 8 of 9 Created on 5/22/2002 4:09:00 PM B,C,D, & E- 50 ATTACHMENT B "'Contact the school district for your area for amount and payment 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 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 • Etiwanda 5959 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 • 08 04-07 City of Rancho Completed EnvironmentallnfoForm. •z,•f @_ 51 Created on 5/22/2002 4:09:00 PM • al DRC 2008si-t0e03p0ho6taongdraSpUh:TT18710 Locations II rf. Lt '- /1/4(RiterrtpAR9cgqr rA..il-. .,:f 1 •r2.:-."4-\4.-‘A77:LA/k.•.‘:”):'\ 'M :.I. -_- . . \,.... ://4',// ../.6•,/!C'e l';''./V .---: .••%'e.- ,- --,'-- 1.-:,zeie.- 412: ' ' . l7 .1) ' '•EtV:•;:k!VP:',?:!8::.1".".:• :Cq•-if ;:-Ii,.. ..`"1,,c<:64-. AR(P-7-: -mi,-:1‘-=',',y,aillY1/4-, -• \\i' 1,1P,.:•-`it, Sy:?.). f, ;:-1,,, ' • (•=3".?„,:$5,,-; :-.-,/,:- - t'-- ke :152F "'.'•: • . '1.121;. '"4"r...•iii .-''. . . .. e • -',;--;, `,.. \], . • ‘ 4 '1/4-L,- iiiii;;;..r.*V 7-1 --, - 4.' ' I' - a '''' -- 'N' - -7. • . %--I' - % % I :es, A-P'7,411,,- =Pt' • '-. 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I II -x/20• ii ir II 1190' ,�i - .-eN 611110‘111111011111.111 a Ili a , II • la f... II II 11 ., • g Q / _—.. I .- 1u.5 i yI.A • •. [4°. I/ 1150 ,> Eq. eiii 30 ig 1.�� •� •_ L CQN• �.ANTA FE ,, _-- ____. , i sr Rochester f4J '�1: . II '- T ..w. i I • _ - '�ii Iloo vhf: I .Well ° I II O>0.�: - HTfi, '1 /080� li --�I G(Y /1 'ir =_ ___,,1 i ° ii "Well \l - I 7 PLATE "A" VICINITY MAP LO 1455 AUTO CENTER DRIVE<<irMADOLE HOMECOMING AT TERRA VISTA SUITE 300 • &ASSOCIATES, INC. ONTARIO,CA 91]61 PHASE IV NI 909.93].9151 Engineering Communities for Life www.madoleinccom IN THE CITY OF RANCHO CUCAMONGA, CA. B,C,D, & E— 57 d:025-23751ExhibitsWiviniN mao 8.5x11.dwa.3/13/2008 1:17:10 PM.Madole City of Rancho Cucamonga • ENVIRONMENTAL CHECKLIST FORM ar jr SA INITIAL STUDY PART II ail :A r , BACKGROUND 1. Project File: Terra Vista Community Plan Amendment DRC2008-00791, Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762. 2. Description of Project: ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761 - LEWIS OPERTATING CORP. - A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two story buildings within the Medium-High (MH) Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related Files: Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18710 - LEWIS OPERATING CORP. - A request to subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes within the Medium-High (MH) Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue — APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of • environmental impacts for consideration. Related Files: Terra Vista Community Plan Amendment DRC2008-00791, Development and Design Review DRC2008-00306, and Variance DRC2008-00762. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AND DESIGN REVIEW DRC2008-00306 - LEWIS OPERATING CORP. - A request to construct a multi-family housing development consisting of 241 units on 15.69 acres of land within the Medium-High (MH) Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue— APN: 0227-532-16. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Terra Vista Community Plan Amendment DRC2008-00791, Tentative Tract Map SUBTT18710, and Variance DRC2008-00762. VARIANCE DRC2008-00762 - LEWIS OPERATING CORP. - A request to construct walls with a calculated height of up to 10 feet high related to the development of 241 unit condominiums (Development and Design Review DRC2008-00306) within the Medium-High (MH) Residential Development District (14-24 dwelling units per acre) of the Terra Vista Community Plan, located on the north side of Church Street and east of Milliken Avenue — APN: 0227-532-16. Related Files: Terra Vista Community Plan Amendment DRC2008-00791, Tentative Tract Map SUBTT18710, and Development and Design Review DRC2008-00306. 3. General Plan Designation: Medium-High Residential (14-24 dwelling units per acre) 4. Zoning: Medium-High Residential (14-24 dwelling units per acre) 5. Surrounding Land Uses and Setting: Tentative Tract 18710 is located within the Terra Vista Community Plan. Surrounding land uses include Milliken Park to the north, a storage facility and a • multi-family residential development to the west (Medium-High Residential), a multi-family development to the east (Medium-High Residential) and v acant land across Church Street (MHO — Medical, Hospital, Office). B,C,D, & E- 58 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 2 The site slopes gently from north to south at approximately 2 percent gradient. The site is covered • with non-native grasses, which are routinely disturbed for weed control. There are no unique features, nor any existing structures or trees on-site. 6. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 7. Contact Person and Phone Number: Tabe van der Zwaag, Associate Planner (909) 477-2750 8. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. GLOSSARY-The following abbreviations are used in this report: CVWD-Cucamonga Valley Water District EIR- Environmental Impact Report FEIR- Final Environmental Impact Report NPDES-National Pollutant Discharge Elimination System NOx- Nitrogen Oxides ROG - Reactive Organic Gases PM1p-Fine Particulate Matter RWQCB- Regional Water Quality Control Board SCAQMD - South Coast Air Quality Management District • SW PPP-Storm Water Pollution Prevention Plan URBEMIS7G - Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than-Significant-Impact" as indicated by the checklist on the following pages. (7) Aesthetics (✓) Agricultural Resources (✓) Air Quality ( ) Biological Resources (7) Cultural Resources (7) Geology & Soils ( ) Hazards &Waste Materials (✓) Hydrology &Water Quality (7) Land Use & Planning ( ) Mineral Resources (✓) Noise ( ) Population & Housing ( ) Public Services ( ) Recreation ( ) Transportation/Traffic () Utilities & Service Systems () Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (7) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared By: %� l� o� Date: `t-7/71AV • fl 1 I2 Reviewed By: `- . � Date: B,C,D, & E- 59 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 3 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: S icant Mitigation Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS • 1. AESTHETICS. Would the project a) Have a substantial affect a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (✓) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) () ( ) (✓) quality of the site and its surroundings? d) Create a new source of substantial light or glare, ( ) ( ) (✓) ( ) which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho • Cucamonga. c) The site is located on the north side of Church Street and east of Milliken Avenue and is characterized by residential development to the east and west, by Milliken Park to the north, and vacant land across Church Street to the south. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (✓) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (✓) Williamson Act contract? • c) Involve other changes in the existing environment, ( ) ( ) ( ) ('7)which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? B,C,D, & E- 60 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 4 Less Than • Significant Less Issues and Supporting Information Sources: PotentiallyWithThanPP g Significant corporate Significant Impact Incorporated Impact Impact Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the north side of Church Street and east of Milliken Avenue and is characterized by residential development to the east and west, by Milliken Park to the north, and vacant land across Church Street to the south. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located on the north side of Church Street and east of Milliken Avenue and is • characterized by residential development to the east and west, by Milliken Park to the north, and vacant land across Church Street to the south. The Terra Vista Community Plan area was historically used as vineyards, although most have been removed to allow mass grading operations to occur. There is no longer any agricultural activity in the immediate area. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (✓) ( ) ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of ( ) () ( ) (✓) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (✓) number of people? • B,C,D, & E- 61 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 5 • Less Than Significant less Issues and Supporting Information Sources: Potentially With Than PP g Significant corporal Significant pa Impact Incorporated Impact Impact Comments: a) As noted in the General Plan FEIR (Section 5.6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis. Therefore, the following mitigation measures,shall be implemented • to reduce impacts to less-than-significant levels: 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. B,C,D, & E- 62 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 6 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With than pp g Significant Mitigation Significant Impact Impact Incorporated Impact Impad • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 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 Fine 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. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon the Urban Emissions Model 7G (URBEMIS7G) model estimates in Table 5.6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM10) would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following • mitigation measures shall be implemented: B,C,D, & E- 63 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 7 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than PP g Significant Significant No Impact Incorporated Impact Impact t Impact 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5.6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive • receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within 1/4 mile of a sensitive receptor, with existing apartment residents located on the east and west side of the site and recreation facilities within Milliken Park located along the north boundary of the site. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above will reduce impact to less-than-significant levels. e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (✓) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓) or other sensitive natural community identified in local • or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? B,C,D, & E- 64 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 8 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Mitigation Significant Impact Incorporated Impact Impact c) Have a substantial adverse effect on federally ( ) ( ) ( ) (✓) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (✓) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with residential uses. The site has been • previously disrupted during construction of infrastructure and surrounding developments/annual discing for weed abatement. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. • B,C,D, & E- 65 • Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008=00762 Page 9 • -_. _... Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant citrporat Impact Significant No Impact Incorporated , Impact t Irtpad 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of a historical resource as defined in § 15064.5? ' b) Cause a substantial adverse change in the ( ) (✓) ( ) ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred () ( ) ( ) (• ) outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native • Americans according to the General Plan FEIR (Section 5.11). Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • 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. B,C,D, & E- 66 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 10 Less Than • Significant Less Potentially wuh Than Issues and Supporting Information Sources: Significant Margate Significant Impact Incorporated Impact Impact c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time • during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments/annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. • B,C,D, & E- 67 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 11 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant Mitigation Significant oa Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. H) Strong seismic ground shaking? ( ) ( ) ( ) (1) Hi) Seismic-related ground failure, including ( ) ( ) ( ) (✓) liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) b) Result in substantial soil erosion or the loss of topsoil? ( ) (V) ( ) ( ) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (1) or that would become unstable as a result of the • project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The Red Hill Fault, passes within 2 miles north of the site, and the Cucamonga Fault Zone lies approximately 4 miles north. These faults are both capable of producing Mw 6.0 to 7.0 earthquakes, respectively. Also, the San Jacinto Fault, capable of producing up to Mw 7.5 earthquakes, is 8 miles northeasterly of the site and the San Andreas Fault, capable of up to Mw, 8.2 earthquakes, is 10 miles northeasterly of the site. Each of these faults can produce strong groundshaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions • during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area B,C,D, & E- 68 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 12 Less Than • Significant Less Issues and Supporting Information Sources: Potentially wuh Than PP 9 Significant Mitigation Significant No Impact Incorporated Impact Impact as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce 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 PM-10 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 PMw emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated • with large decreases or withdrawals of water from the aquifer. The project would not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically 0 to 5 percent slopes on broad alluvial fans, where the soil is rapidly permeable. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) () (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (V) • acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? B,C,D, & E- 69 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 13 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With han PP g SiImpict corporate SlImplct Impact Incorporated Impact Impact d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The project will not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full-service Hazardous Materials Division that is more comprehensive that any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full-service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. c) The Coyote Canyon Elementary School is located approximately 1/4 mile west of the site; however, the construction of the proposed residential condominiums will not emit or release toxic or hazardous substances. • d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. B,C,D, & E- 70 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 14 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incomoratetl Impact t Impact e) The site is not located within an airport and use plan and is not within 2 miles of a public airport. The project site is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would the project a) Violate any water quality standards or waste discharge ( ) ( ) () (✓) requirements? • b) Substantially deplete groundwater supplies or interfere ( ) (✓) ( ) ( ) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering,of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the () (✓) ( ) ( ) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the ( ) () ( ) (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) (✓) ( ) ( ) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a federal Flood Hazard Boundary or Flood • Insurance Rate Map or other flood hazard delineation map? B,C,D, & E- 71 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 15 • Less Than Significant Less Potentially with Than Issues and Supporting Information Sources: Significant corporian SlImpict Impact Impact Incorporated Impact Impact h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? () ( ) () (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) Permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES Permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction Permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a • discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Construction Permit. The General Construction Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm-Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. • Perform inspections of all BMPs. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a SWPPP. To comply with the NPDES, the construction contractor of the project will be required to prepare a SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Madole & Associates, Inc. on September 15, 2008, that identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant • levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various business plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic B,C,D, & E- 72 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 16 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With an PP g Significant corporate Significant Impact Incorporated Impact Impact parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to'control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval of a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An erosion control plan shall be prepared, included in the grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This erosion control plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Madole & Associates, Inc., on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. Post- Construction Operational: 6) The developer shall implement the BMPs identified in the WQMP, prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7). Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for • a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. • • B,C,D, & E- 73 • Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 17 • Less Than Significant Less Issues and Supporting Information Sources: Fptenralnt With Than PP g Significant Mitigation Significant pa Impact Incorporated Impact Impact b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CVWD has plans to meet this increased need through the construction of future water facilities. c) The project will cause changes in absorption rates, drainage patterns, and the rate.and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. • d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the NPDES to minimize water pollution. The following mitigation measures shall be implemented: 1) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and • identifying 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 B,C,D, & E- 74 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 18 Less Than • Significant Less Issues and Supporting Information Sources: S ntliiant With Than PP g SiImpict corporate Significant No Impact Incorporated Impact Impact New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 2) 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. g) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, • concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. j) There are no oceans, lakes, or reservoirs near the project site; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (✓) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (✓) or natural community conservation plan? Comments: a) The site is located on the north side of Church Street and east of Milliken Avenue and is • characterized by residential development to the east and west, by Milliken Park to the north, and vacant land across Church Street to the south. This project will be of similar B,C,D, & E- 75 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 19 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact design and size to surrounding residential development to the east and west. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Medium Residential (14-24 dwelling units per acre) and is located within the Terra Vista Community Plan. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓) • mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site;therefore, there is no impact. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) (✓) ( ) ( ) excess' of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ( ) ( ) ( ) V) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ( ) (7) ( ) ( ) ambient noise levels in the project vicinity above levels existing without the project? • B,C,D, & E- 76 Initial Study for City of Rancho Cucamonga D R C2008-00761/S U BTT18710/D R C2008-00306/D RC2008-00762 Page 20 Less Than • Significant Less Potentially With Than and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated _ Impact Impact • e) For a project located within an airport land use plan or, () () () (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (/) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is not within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. No adverse impact expected. b) The uses associated with this type of project normally do not induce ground borne vibrations. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site • stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1) 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. 2) 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. The 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: • 4) 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 B,C,D, & E- 77 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 21 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant c poan Significant No Impact Incorporated Impact mpact t Impact 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. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. The project site is located approximately 5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓) necessitating the construction of replacement housing • elsewhere? c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓) the construction of replacement housing elsewhere? Comments: a) The project is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. No impacts are anticipated. b) The project site contains no existing housing units. No adverse impact expected. c) The project site is vacant land. No impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (✓) b) Police protection? ( ) ( ) ( ) (✓) c) Schools? ( ) ( ) O (✓) • d) Parks? ( ) ( ) ( ) (✓) e) Other public facilities? ( ) ( ) ( ) (✓) B,C,D, & E- 78 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 22 Less Than • Significant Less Potentially Than and Supporting Information Sources: Significant Mitigation Si t No Impact Incorporated Impact Impact Comments: a) The site is located on the north side of Church Street and east of Milliken Avenue would be served by a fire station located approximately 1 mile from the project site. The project • will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The Etiwanda School District and the Chaffey Joint Union High School District serve the project area. Both school districts have been notified regarding the proposed development, and a standard condition of approval will require the developer to pay any school impact fees. With this standard mitigation, impacts to the School Districts are not considered significant. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest existing park, Milliken Park, is located adjacent to the north boundary of the • project site. Additional existing parks are located within 1 mile of the site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay park development fees, and the proposed project will also be subject to the Park Implementation Development Agreement pertinent to the Terra Vista Community Plan. • No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels-of-service (LOS), which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City built a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. • B,C,D, & E- 79 • Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 23 • • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than PP g Significant Mitigation Significant No Impact Incorporated Impact Impact 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (✓) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (✓) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest existing park, Milliken Park, is located adjacent to the north boundary of the project site. Additional existing parks are located within 1 mile of the site. This project is not proposing any new housing or large employment generator that would cause a significant increase in the use of public parks or other recreational facilities, and the site will include on-site recreational amenities in accordance with the Development Code requirements. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. • b) See a) response above. 15. TRANSPORTATIOWTRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ( ) ( ) ( ) (✓) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (✓) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓) either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) f) Result in inadequate parking capacity? ( ) ( ) ( ) (✓) g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) supporting alternative transportation (e.g., bus • turnouts, bicycle racks)? • • B,C,D, & E- 80 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 24 Less Than • Significant Less Potentially ati Than Issues and Supporting Information Sources: Signifi cant Mitigation Significant Impact Incorporated Imact Impact Comments: a) Implementation of the proposed project will generate 1,470 vehicle trips daily. The proposed project includes the development of rental condominiums. The Rancho Cucamonga Traffic Model estimates that each rental unit will generate 6.1 trips daily. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections. The project site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development Fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each rental unit will generate .67 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation • Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted Transportation Development Fee prior to issuance of building permits. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the LOS standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. c) The project site is located approximately 5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity. No impacts are anticipated. g) The project design includes, or the project will be conditioned to provide, features • supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). B,C,D, & E- 81 • Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 25 • Less Than Significant Less Issues and Su ortin Information Sources: Pc,enual With h Than pp g Significant citrporiae S Impact_ Inwact Incorporated Im Impact 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (7) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ( ) ( ) ( ) (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the () ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) - provider, which serves or may serve the project, that it has adequate capacity to serve the projects projected demand in addition to the provider's existing commitments? • f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (7) capacity to accommodate the projects solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (✓) regulations related to solid waste? Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are • anticipated. • B,C,D, & E- 82 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 26 Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Si nt No Impact Incorporated Impact Impact e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (✓) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important • examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) V) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ( ) ( ) ( ) V) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) ' The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate • resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As B,C,D, & E- 83 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 27 • Less Than Significant Less Issues and Supporting Information Sources: Pctanual With an PP g Significant corporate Significant Impact Incorporated Impact Impact such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian-friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. • Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. 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 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 FEIR (SCH#2000061027, Certified October 17, 2001) (✓) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (✓) Terra Vista Planned Community EIR (SCH #81082808, certified February 16, 1983) • • B,C,D; & E- 84 Initial Study for City of Rancho Cucamonga DRC2008-00761/SUBTT18710/DRC2008-00306/DRC2008-00762 Page 28 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 si.nificcaant environmental effects would occur. �p Applicant's Signatur-to, Date: I2- 11 - c t Print Name and Title:aOkil• 0 U Vf Muuhi (ti I t+ern-Q4Th • • • B,C,D, & E- 85 City of Rancho Cucamonga $ MITIGATION MONITORING icirt kw4 o PROGRAM Project File No.: Terra Vista Community Plan Amendment DRC2008-00791,Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. • 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP.The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency (Planning Department/Engineering Department) • 10500 Civic Center Drive Rancho Cucamonga, CA 91730 B,C,D, & E- 86 MITIGATION MONITORING PROGRAM D RC2008-00791/S U BTT 18710/D RC2008-00306/D R C2008-00762- LE W IS OPERATING CORP. Page 2 • 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached • hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. • B,C,D, & E- 87 AA . y pia City of Rancho Cucamonga f \ MITIGATED NEGATIVE DECLARATION The following Mitigated 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.: Tentative Tract Map SUBTT18710, Development and Design Review DRC2008-00306, and Variance DRC2008-00762 Public Review Period Closes: January 14, 2009 Project Name: Project Applicant: Lewis Operating Corp. Project Location (also see attached map): Located on the north side of Church Street and east of Milliken Avenue—APN: 0227-532-16. Project Description: A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings; subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes; and to construct a multi-family housing development consisting of 241 units, and walls with a calculated height of up to 10 feet high, on 15.69 acres of land within the Medium-High (MH) Residential Development District(14-24 dwelling units per acre)of the Terra Vista Community Plan. • 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 Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated 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 (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. • January 14, 2009 Date of Determination Adopted By B,C,D, & E- 88 • RESOLUTION NO. 09-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO ENACT TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO AMEND CHAPTER V, COMMUNITY DEVELOPMENT STANDARDS, MEDIUM-HIGH DENSITY RESIDENTIAL SITE DEVELOPMENT STANDARDS, PAGE V-15, (H), TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET .TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH RESIDENTIAL DEVELOPMENT DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Lewis Operating Corporation has filed an application for the approval of Terra Vista Community Plan Amendment DRC2008-00761, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On November 12, 2008, the Planning Commission approved the initiation of Terra Vista • Community Plan Text Amendment DRC2008-00761. 3. On the 14th day of January 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The amendment proposes reducing the required front-to-front building separation from • 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet. The amendment will only apply to detached single-unit buildings and two-story duplex buildings within the Medium-High Residential District of the Terra Vista Community Plan. Specifically, Chapter V of the Terra B,C,D, & E- 89 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 Page 2 • Vista Community Plan will be amended by adding the following underlined text: Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exception: Two-story duplex and detached single-unit buildings may be developed with a reduced front-to-front building separation of 16 feet and a side-to-side building separation of 8 feet; and d. Proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City; and e. The proposed Terra Vista Community Plan Amendment will provide the necessary legislative action that will permit a variety of multi-family dwelling unit types for rental purposes, such as duplexes and detached units, which are not typically found in apartment home communities. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. This Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the development, within the district, in a manner consistent with the General Plan and with related development. As a Land Use Policy, the General Plan states that the new development should be accommodated in a manner that integrates it into the • physical structure of the City, is a logical extension of existing infrastructure improvements and there are adequate public services available to serve the development. The proposed decreases in building separations will not affect the Land Use Policies outlined above or be inconsistent with the density or quality of existing development within the Terra Vista Community Plan and the City. b. This Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code which in turn are consistent with and implement the goals and objectives of the General Plan. This includes promoting the economical and efficient use of land, promoting design and construction techniques that are responsive to the environment, and promoting development compatible with the surrounding neighborhood. The proposed text amendment will result in developments that are consistent with these goals and objectives and will be indistinguishable in overall quality and design from existing development in the surrounding area. c. The proposed Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The proposed changes will not increase the density or the height limits of Medium-High development and thus not increase traffic created by these developments or overwhelm the existing public facilities in the surrounding area; and d. The proposed Terra Vista Community Plan Text Amendment is in conformance with the General Plan. The General Plan states that the Medium-High density designation is characterized by low-rise condominiums and apartment buildings with a density range of 14 to 24 units per acre. The proposed text amendment will not affect the type or density of buildings permitted within the zoning district, and developments built using the proposed criteria will be fully compliant with the General Plan; • and B,C,D, & E- 90 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 • Page 3 e. The proposed Terra Vista Community Plan Text Amendment is consistent with the objectives of the Development Code. The Development Code states that the subject development district is intended as an area for multiple family use, with development regulations that assures development that is compatible with nearby lower density residential development. Additionally, the Development Code has the goal of promoting a variety of housing choices within the City. The proposed text amendment will be fully compliant with these criteria and will provide occupants of future developments using the proposed criteria with a greater choice in housing types available within the Medium-High district. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, 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 proposed Terra Vista Community Plan Text Amendment would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public • comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore recommends the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this • Commission hereby recommends approval of Terra Vista Community Plan Amendment DRC2008-00761 by the adoption of this Resolution recommending approval of the attached Draft City Council Ordinance, including the conditions shown below. B,C,D, & E- 91 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 Page 4 • Planning Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action.. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 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. • B,C,D, & E- 92 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 • Page 5 • 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 Fine Particulate Matter (PM10) emissions, in accordance with • SCAQMD Rule 403. 7) 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 Fine Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 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) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 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: B,C,D, & E- 93 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 Page 6 • • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • 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 the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San • Bernardino County Museum. B,C,D, & E- 94 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 • Page 7 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon 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 PM10 emissions. 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Madole & Associates, Inc. on • September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. 8,6,0, & E- 95 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 Page 8 • 6) The developer shall implement the BMPs identified in the WQMP, prepared • by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying 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. 9) 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) 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. 2) 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. The 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. • B,C,D, & E- 96 PLANNING COMMISSION RESOLUTION NO. 09-03 DRC2008-00761 — LEWIS OPERATING CORPORATION January 14, 2009 • Page 9 4) 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. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman • ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of January 2009, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • B,C,D, & E- 97 • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2008-00761, A REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH RESIDENTIAL DEVELOPMENT DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Lewis Operating Corporation filed an application for Terra Vista Community Plan Amendment DRC2008-00761, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Terra Vista Community Plan Text Amendment is referred to as "the application." 2. On November 12, 2008, the Planning Commission approved the initiation of Terra Vista Community Plan Text Amendment DRC2008-00761. 3. On January 14, 2009, the Planning Commission of the City of Rancho Cucamonga conducted • a duly noticed public hearing with respect to the above-referenced Terra Vista Community Plan Amendment DRC2008-00761 and, following the conclusion thereof, adopted its Resolution No. 09-03 recommending that the City Council of the City of Rancho Cucamonga adopt said Terra Vista Community Plan Amendment DRC2008-00761. 4. On , 2009, the City Council of the City of Rancho Cucamonga conducted a duly-noticed public hearing on the application. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the City Council during the above-referenced public hearing on , 2009, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The amendment proposes reducing the required front-to-front building separation from • 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet. The amendment will only apply to detached single-unit buildings and two-story duplex buildings within the Medium-High Residential District of the Terra Vista Community Plan. Specifically, Chapter V of the Terra B,C,D, & E- 98 CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION , 2009 Page 2 • Vista Community Plan will be amended by adding the following underlined text: Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15: (h) Building separations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exception: Two-story duplex and detached single-unit buildings may be developed with a reduced front-to-front building separation of 16 feet and a side-to-side building separation of 8 feet; and c. Proper site planning can overcome any issues that may arise from the reduced building separations, and that future residents of projects developed using this criteria will be afforded the same high quality-of-life standards expected from all developments within the City; and d. The proposed Terra Vista Community Plan Amendment will provide the necessary legislative action that will permit a variety of multi-family dwelling unit types for rental purposes, such as duplexes and detached units, which are not typically found in apartment home communities. e. The proposed amendment is in conformance with the General Plan and objectives of the Terra Vista Community Plan; and f. The proposed Terra Vista Community Plan Text Amendment will not have a significant impact on the environment. 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 and 2 above, this Council hereby finds and concludes as follows: • a. The proposed Terra Vista Community Plan Text Amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and b. The proposed Terra Vista Community Plan Text Amendment does promote the goals and objectives of the Development Code, and; c. The proposed Terra Vista Community Plan Text Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The subject application is consistent with the objectives the Terra Vista Community Plan; and e. The proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the Terra Vista Community Plan Amendment will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local • CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. • Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant B,C,D, & E- 99 CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION , 2009 Page 3 • effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, 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 adopts the Mitigated Negative Declaration. c. The City Council 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 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 Terra Vista Community Plan Text Amendment DRC2008-00761, thereby amending Chapter V, Community Development Standards, Medium-High Density Residential Site Development Standards, page V-15, (h) Building separations, with the addition of the following underlined text to the existing regulations: The standards from the Rancho Cucamonga Development Code shall apply except for the following exception: Two-story duplex and detached single-unit buildings may be developed with a reduced front-to-front building separation of 16 feet and a side-to-side building separation of 8 feet. Planning Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. • B,C,D, & E- 100 CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION , 2009 Page 4 • 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. • B,C,D, & E- 101 • CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION • , 2009 Page 5 • • 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 Fine Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 7) 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 Fine Particulate Matter (PM1o) emissions, in accordance with SCAQMD Rule 403. 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) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • • Pursue educating the public about the archaeological heritage of the area. B,C,D, & E- 102 CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION , 2009 Page 6 • • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • 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 the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the 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 PM13 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon 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. B,C,D, & E- 103 CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION • , 2009 Page 7 • 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 PM1p emissions. 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent • practical. 6) The developer shall implement the BMPs identified in the WQMP, prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval • prior to the issuance of grading permits. B,C,D, & E- 104 CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION , 2009 Page 8 • 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying 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. 9) 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) 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. • 2) 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. The 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) 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. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, • phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. B,C,D, & E- 105 CITY COUNCIL ORDINANCE NO. 09- DRC2008-00761 — LEWIS OPERATING CORPORATION , 2009 • Page 9 • 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. • • B,C,D, & E- 106 • City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated 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.: Terra Vista Community Plan Amendment DRC2008-00761 Public Review Period Closes: Project Name: Project Applicant: Lewis Operating Corp. Project Location (also see attached map): Located on the north side of Church Street and east of Milliken Avenue—APN: 0227-532-16. Project Description: A request to reduce the front-to-front building separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15 feet to 8 feet for two-story buildings; subdivide a partially developed lot of 20.69 acres into two lots for condominium purposes; and to construct a multi-family housing development consisting of 241 units, and walls with a calculated height of up to 10 feet high, on 15.69 acres of land within the Medium-High (MH) Residential Development District(14-24 dwelling units per acre)of the Terra Vista Community Plan. 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 Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated 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 (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. • Date of Determination Adopted By B,C,D, & E- 107 RESOLUTION NO. 09-04 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18710, A REQUEST TO SUBDIVIDE A PARTIALLY DEVELOPED 20.69-ACRES LOT INTO TWO NUMBERED (LOTS 1 AND 2), WITH 241 UNITS FOR CONDOMINIUM PURPOSES ON LOT 1, WITHIN THE MEDIUM-HIGH RESIDENTIAL DEVELOPMENT DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE NORTH SIDE OF CHURCH STREET AND EAST OF MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-532-16. A. Recitals. 1. Lewis Operating Corporation has filed an application for the approval of Tentative Tract Map SUBTT18710, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 14th day of January 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 20.69-acre partially developed project site, located on the north side of Church Street and east of Milliken Avenue. The site has a street frontage of 870 feet on Church Street and a lot depth of 1,285 feet; and b. The site is bounded by Milliken Park to the north, Church Street to the south, multi-family residences to the east (earlier phases of Homecoming at Terra Vista), and a storage facility and multi-family residences to the west; and c. The application proposes subdividing the 20.69-acre site into two numbered lots (Lots 1 and 2), with 241 units for condominium purposes on Lot 1. Lot 1 will be 15.69 acres and will be developed with 241 condominiums. Lot 2 will be 5 acres and is presently developed with condominiums. • B,C,D, & E- 108 PLANNING COMMISSION RESOLUTION NO. 09-04 . SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 2 • • 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: • a. The proposed tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission • finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation • Monitoring Program for the project. • B,C,D, & E- 109 PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 • Page 3 d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the subdivision of 20.69 acres of and for a site located on the north side of Church Street and east of Milliken Avenue - APN: 0227-532-16. The subdivision of 20.69 acres of land is for two numbered lots (Lots 1 and 2), with 241 units for condominium purposes on Lot 1. Lot 1 will be 15.69 acres and will include 241 condominiums. Lot 2 will be 5 acres and is presently developed with condominiums. 2) Reciprocal maintenance agreement(s) ensuring joint maintenance of all landscape areas, common areas, drives, and parking areas shall be • recorded prior, or concurrent with, the final tract map. 3) The approval of SUBTT18710 is subject to the approval of, Terra Vista Community Plan Amendment DRC2008-00761 (Planning Commission and City Council [approval and adoption after City Council second reading]) Development Review DRC2008-00306, and Variance DRC2008-00762. Engineering Department 1) The Church Street frontage shall be fully improved. Improvements shall include, but are not limited to, curbs and gutters, sidewalk, street lights, street trees, traffic signing/striping, drainage facilities, etc. a) Provide bike lane along the Church Street frontage. b) The street tree species required on Church Street parkway shall be Magnolia Grandiflora "St. Mary" which is the approved existing tree easterly of this project. 2) The median in Church Street is to be protected in place and modified or repaired as required with no new openings. a) The median shall be fully landscaped per the approved street improvement plans, Drawing No. 2058-L, prior to approval of final map • or issuance of building permits, whichever occurs first. It will be necessary to recheck the plans for conformance to current City Standards, since more than a year has elapsed since their approval. B,C,D, & E- 110 PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 4 • 3) The proposed driveway approach to Church Street is to be in accordance with the City "Driveway Policy". The commercial drive approach shall be 35 feet wide minimum and 50 feet wide maximum, per City Standard 101 , Type C. 4) Revise public improvement and storm drain plans to reflect required public improvements and public storm drain connections, to the satisfaction of the City Engineer. 5) Provide a 2-inch Traffic Signal Interconnect conduit on the north side of Church Street from the intersection of Malaga Avenue to Mayten Avenue. • 6) A gate for pedestrian access to Milliken Park from the private multi-family residential project to the south will not be permitted in the vicinity of the existing tot lot, for child safety purposes. A third access to East Greenway Corridor will be allowed near the northeast corner of the project site. 7) The Engineering Department shall review a copy of the on-site landscaping plans to verify conformance with the City street tree requirements. Add the following note to private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans". • 8) The final tract map shall be reviewed, approved, and recorded, prior to issuance of building permits. 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. B,C,D, & E- 111 PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 • Page 5 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 Fine Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 7) 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 Fine Particulate Matter (PM1o) emissions, in accordance with SCAQMD Rule 403. 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. B,C,D, & E- 112 PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 6 • 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • 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. B,C,D, & E- 113 PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 7 • 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 the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the 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 PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established • by the City to reduce PM,() emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMlo 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 PM,() emissions. 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. B,C,D, & E- 114 • PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 Page 8 • 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. 6) The developer shall implement the BMP5 identified in the WQMP, prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and • stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMP5 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. 9) 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) 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. B,C,D, & E- 115 PLANNING COMMISSION RESOLUTION NO. 09-04 SUBTT18710 — LEWIS OPERATING CORPORATION January14, 2009 • Page 9 2) 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. The 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) 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. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of January 2009, by the following vote-to-wit: AYES: COMMISSIONERS: //NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: B,C,D, & E- 116 COMMUNITY DEVELOPMENT S . DEPARTMENT y #mot ogri STANDARD CONDITIONS PROJECT#: TENTATIVE TRACT MAP SUBTT18710 SUBJECT: TENTATIVE TRACT MAP APPLICANT: LEWIS DEVELOPMENT CORPORATION LOCATION: CHURCH STREET AND WEST OF MILLIKEN AVENUE —APN: 0227-532-16 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: itGeneral Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its / /_ agents, officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-04 Standard / /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration - $ 2,043.00 B. Time Limits 1. This tentative tract map shall expire, unless extended by the Planning Commission, unless a / /_ complete final map is filed with the City Engineer within 3 years from the date of the approval. • B,C,D, &1E- 117 Project No. SUBTT18710 Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ • site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 5. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/ Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 6. All parkways, open areas, and landscaping shall be permanently maintained by the property / / owner, homeowners'association,or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. • 7. The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns,hours of construction activity, dust control measures, and security fencing. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. Dedication and Vehicular Access 1. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the _/_/_ final map. E. Street Improvements 1. Pursuant to City Council Resolution No.88-557,no person shall make connections from a source / /_ of energy,fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except:that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by • these conditions of approval of development. ' 2 B,C,D, & E- 118 Project No. SUBTT18710 Completion Date 2. Construct the following perimeter street improvements including, but not limited to: / /_ • Street Name Curb& A.C. Side- Drive Street Street Comm Median Bike - Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Church Street X X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement • reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. Improvement Plans and Construction: a: Street improvement plans, including street trees,street lights,and intersection safety lights / /_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements,prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a / / construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping,marking,traffic signing, street name signing,traffic signal conduit,and / /_ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction / /_ project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside • of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No.6 at intersections and No. 5 along streets,a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City / /_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with / /_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / /_ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan / /_ check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / /_ accordance with the City's street tree program. • B,C,D, &3E-' 119 Project No. SUBTT18710 Completion Date 5. Install street trees per City street tree design guidelines and standards as follows. The completed _/_/_ legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction • legend stating: "Street trees shall be installed per the notes and legend on sheet (typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Church Street Magnolia grandiflora NCN 3 ft. 20 ft. o.c. 15-gal. "St. Mary" Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with _/_/_ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. • F. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting _/_/_ Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. G. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water,gas, / /_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. _/_/_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the /_/_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. • • 4 B,C,D, & E- 120 Project No. SUBTT18710 Completion Date 4. Approvals have not been secured from all utilities and other interested agencies involved. /_/_ • Approval of the final parcel map will be subject to any requirements that may be received from them. H. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/_/_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall / / be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. .5?-lay:-si°' .,tr= av+t z 3 p a'rm+ -3' or rax3 4f' 'ASS {“, ^1�' _,75:s gius �;ww:Tkr a`~ . APPElCANTT, SHAL'L;-CONTACTxTHE*FIRESSAFETYh1DEiPARTMENT;t EIRE RROTECTION. F3 r , PLL•cANNINGtSERUIGES�eAT; (909) 4772770; FORi.COMPLIANCE;WITH THE FOLLOWING -- .. .�`z 7 cs4i-31+T-skx '1r'Y'� i9/t+ � A SA'?"�it,-'� "" �' y .y.'ir,.•ct�" r��AS iur i �i'Q k l CONDITIONS r. ' ..i "�..�'3 R'' �yyt ii �a r day, 4 t* rr' `R�'*F.r- an„ �._. _,yxY 2n Y-„ -,%hr-F+a ,:af,375-,' Y4s'E^ �4 }'g $h `°- a,a3i.. ice 1 i+ r� {rt.. �--.SEEIAT$TACHED'-�`'4=*� '`:� ....:+.-a.._.., • • • B,C,D, &5E- 121 ' .-o "'.y, Rancho Cucamonga Fire Protection District Fire Construction Services FIRE ' STANDARD CONDITIONS January 6, 2009 Terra Vista Apartment Homes SFR/Duplex/Multi-Family Development N/S of Church &W/O Malaga SUBTTl8710 & DRC2008-00306 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. The RCFPD Procedures & Standards which are referenced in this document can be access on the web at site www.rcfire.org under the Fire Safety Division & Fire Construction Services section. FSC-1 Public and Private Water Supply Design guidelines for The Fire Protection water supply must be in accordance with RCFPD Standard 5-10. FSC-2 Fire Flow 1. The required fire flow for this project will be based on the square footage of the largest building, type of construction and determined in gallons per minute at a minimum residual pressure of 20-pounds per square • inch. This requirement is made in accordance with the 2007 California Fire Code, as amended by the Fire District Ordinance. 2. The required minimum fire flow for this project when automatic fire sprinklers are installed can be reduced by 50-percent. 3. Fire Protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits for the construction of the buildings will not be issued until the public fire protection water plans are approved by the water and fire districts. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system (in accordance with RCFPD Standard #5-10) must be obtained prior to submitting the overhead fire sprinkler system plans. Include a copy of the approved underground plans as reference with the overhead submittal FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance FD46, the 2007 California Fire Code section 903.2.7 or because of an approved migration alternative such as: 1. When required fire flow cannot be provided due to inadequate volume or pressure. iWhen the building access does not meet the requirements of the 2007 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #5-1. FSC-5 Fire Alarm System B,C,D, & E- 122 1. RCFPD Ordinance FD46, the 2007 California Building Code, and/or the California Fire Code section 907.2.8. 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance • with RCFPD Fire Alarm Standard 9-3. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access —Fire Lanes Standard #5-1 and the 2007 California Fire Code for specific requirements. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. 4. Knox Rapid Entry System: are required in accordance to the RCFPD Residential Vehicular Gate Standard # 5-3 and the RCFPD Knox Box Installation Standard 5-9. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #5-3. 6. Fire Lane Identification: Red curbing, pavement marking and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for review and approval. 7. Mitigated Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' • above the level of the fire access road in accordance to RCFPD Standard #5-6. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Battery Systems • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Cryogenics • Flammable and Combustible Liquids • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment • designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application B,C,D, & E- 123 2 Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the review fee. •S-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement—Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant—Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Chronological Summary of RCFPD Standard Conditions ITRIOR TO ISSUANCE OF BUILDING PERMITS —Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access and Fire Protection Water Supply: The access roads must be paved in accordance • with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. Please refer to the RCFPD Standards# 14-1 & 14-2 for the requirements specific to fire protection water supply and fire department access during construction. B,C,D, & E- 124 3 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. • PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION—Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). • 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial and multi-family buildings shall post the building addresses, address monuments, site directories, suite directional signage and suite designations in accordance to RCFPD Multi-Family Residential Addressing Standard. 10. Hazardous Materials which require use permits from the fire district must be in accordance to the conditions of the permit. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. • 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 %2" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire InspecgorD D, & E- 125 4 • RESOLUTION NO. 09-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2008-00306, A REQUEST TO CONSTRUCT A MULTI-FAMILY HOUSING DEVELOPMENT CONSISTING OF 241 UNITS ON 15.69 ACRES OF LAND (LOT 1 OF TENTATIVE TRACT MAP SUBTT18710) WITHIN THE MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) DEVELOPMENT DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE NORTH SIDE OF CHURCH STREET AND EAST OF MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0227-532-16. A. Recitals. 1. Lewis Operating Corporation has filed an application for the approval of Development Review DRC2008-00306, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of January 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 15.69-acre vacant project site that is located on the north side of Church Street and east of Milliken Avenue; and b. The site is bounded by Milliken Park to the north, Church Street to the south, multi-family residences to the east (earlier phases of Homecoming at Terra Vista), and a storage facility and multi-family residences to the west; and c. The proposed 241-unit rental condominium project is the final phase of the Homecoming at Terra Vista rental condominium development, which will have 868 units with the completion of this final phase; and d: The proposed development also includes an associated two-lot subdivision, Tentative Illiract Map SUBTT18710. The associated Tentative Tract Map (SUBTT18710) proposes subdividing the 20.69-acre site into two numbered lots (Lots 1 and 2), with 241 units for condominium purposes on Lot 1. B,C,D, & E- 126 PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 • Page 2 Lot 1 will consist of 15.69 acres and will be developed with 241 condominiums, Lot 2 will consist of 5 acres and is presently developed with condominiums. The 20.69-acre project site includes a 5-acre portion of an earlier phase of Homecoming at Terra Vista (Lot 2 of Tentative Tract Map SUBTT18710); and e. The project density is 16 dwelling units per acre, which is at the low end of the 14- to 24-unit density permitted within the Medium-High Residential District of the Terra Vista Community Plan; and f. The project includes six different building types which were designed to be reminiscent of Spanish style architecture. There will be 166 two-bedroom units and 75 three-bedroom units ranging in size from 1,031 square feet to 1,571 square feet; and g. The building separations for the 7-unit (Types 2 and 3) and 8-unit (Types 5 and 6) all meet or exceed the minimum separation requirements outlined in the Terra Vista Community Plan for the Medium-High Residential District. The building separations for the detached single-unit (Type 28) and duplex (Type 27) buildings are 16 feet front-to-front and 8 feet side-to-side, which is deficient in meeting the building separation requirements. The applicant has submitted Terra Vista Community Plan Amendment (DRC2008-00761) for reduced building setbacks in the Medium-High Residential District; and h. The proposed project conforms to the standards and regulations of the Development • Code, as well as the Terra Vista Community Plan, in terms of setbacks, parking, and the provision of recreational amenities as noted in the staff report; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: • a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, 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 B,C,D, & E- 127 PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 • Page 3 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the •Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the design and layout of a 241-unit condominium project on 15.69 acres of land (Lot 1 of Tentative Tract Map SUBTT18710), located on the north side of Church Street and east of Milliken Avenue — APN: 0227-532-16. 2) The approval of DRC2008-00306 is subject to the approval of Terra Vista Community Plan Amendment DRC2008-00761 (Planning Commission and City Council [approval and adoption after City Council second reading]) Tentative Tract Map SUBTT18710, and Variance DRC2008-00762. 3) Plans submitted for plan check shall be consistent with plans approved by the Design Review Committee on November 18, 2008. • 4) All perimeter walls and walls exposed to public view shall be decorative. The perimeter walls fronting Church Street shall be consistent with the walls used on the earlier phases of the project. B,C,D, & E- 128 PLANNING COMMISSION RESOLUTION NO. 09-02 • DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 • Page 4 5) All retaining walls used throughout the project shall have a decorative surface to complement the building design. 6) Access shall be provided to Milliken Park with the final location of the gate subject to approval by the Engineering Department. 7) Garage doors shall be painted brown or a color that matches building or trim color. 8) All corbels, rafter tails, and similar decorative trim shall be painted brown and not be covered with stucco. 9) All required ground level patios shall have a minimum depth of 8 feet and balconies shall have a depth of 6 feet. Engineering Department 1) The Church Street frontage shall be fully improved. Improvements shall include, but are not limited to, curbs and gutters, sidewalk, street lights, street trees, traffic signing/striping, drainage facilities, etc. a) Provide bike lane along the Church Street frontage. • b) The street tree species required on Church Street on the parkway shall be Magnolia Grandiflora "St. Mary" which is the approved tree easterly of this project. 2) The median in Church Street is to be protected in place and modified or repaired as required with no new openings. a) The median shall be fully landscaped per the approved street improvement plans, Drawing No. 2058-L, prior to approval of final map or issuance of building permit, whichever occurs first. It will be necessary to recheck the plans for conformance to current City Standards, since more than a year has elapsed since their approval. 3) The proposed driveway approach to Church Street is to be in accordance with City "Driveway Policy". The commercial drive approach shall be 35 feet wide minimum and 50 feet wide maximum, per City Standard 101, Type C. 4) Revise public improvement and storm drain plans to reflect required public improvements and public storm drain connections, to the satisfaction of the City Engineer. 5) Provide a 2-inch Traffic Signal Interconnect conduit on the north side of • Church Street from the intersection of Malaga Avenue to Mayten Avenue. B,C,D, & E- 129 PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 • Page 5 6) A gate for pedestrian access to Milliken Park from the private multi-family residential project to the south will not be permitted in the vicinity of the existing tot lot, for child safety purposes. A third access to East Greenway Corridor will be allowed near the northeast corner of the project site. 7) The Engineering Department shall review a copy of the on-site landscaping plans to verify conformance with City street tree requirements. Add the following note to private landscape plans that show street trees: "All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans". 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. B,C,D, & E- 130 PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 • Page 6 • 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 Fine Particulate Matter (PM10) emissions, in accordance with • SCAQMD Rule 403. 7) 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 Fine Particulate Matter (PM1o) emissions, in accordance with SCAQMD Rule 403. 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) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 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: B,C,D, & E- 131 PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 •Page 7 • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • 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 the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San Bernardino County Museum. B,C,D, & E- 132 PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION • January14, 2009 • Page 8 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,0 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Madole & Associates, Inc. on • September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. B,C,D, & E- 133 PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 • Page 9 6) The developer shall implement the BMPs identified in the WQMP, prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying 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. 9) 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) 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. 2) 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. The 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. • 3) The perimeter block wall shall be constructed as early as possible in the first phase. B,C,D, & E- 134 • PLANNING COMMISSION RESOLUTION NO. 09-02 DRC2008-00306 — LEWIS OPERATING CORPORATION January14, 2009 • Page 10 4) 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. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: • James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of January 2009, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • B,C,D, & E- 135 COMMUNITY DEVELOPMENT Sr !Y. �. DEPARTMENT STANDARD CONDITIONS PROJECT#: DEVELOPMENT AND DESIGN REVIEW DRC2008-00306 SUBJECT: DEVELOPMENT AND DESIGN REVIEW APPLICANT: LEWIS DEVELOPMENT CORPORATION LOCATION: CHURCH STREET AND EST OF MILLIKEN AVENUE —APN: 0227-532-16 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its / /_ agents,officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-02, Standard / /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration - $2,043.00 B. Time Limits 1. Development/Design Review approval shall expire if building permits are not issued or approved / /_ use has not commenced within 5 years from the date of approval. No extensions are allowed. • 1 B,C,D, & E- 136 Project No. DRC2008-00306 Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_• site plans,architectural elevations,exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code regulations, and the Terra Vista Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building • permits. Such plan shall indicate style, illumination,location, height,and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided,all trash pick-up shall be for individual units with /_/_ • all receptacles shielded from public view. 9. Trash receptacle(s)are required and shall meet City standards. The final design, locations,and ! / the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 10. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / / located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 11. All building numbers and individual units shall be identified in a clear and concise manner, / /_ including proper illumination. 12. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the / / Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 13. All parkways, open areas, and landscaping shall be permanently maintained by the property / /_ owner, homeowners'association,or other means acceptable to the City. Proof of this landscape • maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. • • B,C,D, &2E- 137 Project No. DRC2008-00306 Completion Date 14. The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and City Engineer approval; including, but not limited to, public notice • requirements,special street posting, phone listing for community concerns,hours of construction activity, dust control measures, and security fencing. 15. For multiple family development, laundry facilities shall be provided as required by the /_/_ Development Code. 16. For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space _/_/_ shall be provided. 17. For residential development, recreation area/facility shall be provided as required by the / / Development Code. D. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units and _/_/ for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for Planning Director review and approval prior to the issuance of building permits. 2. All dwellings shall have the front,side and rear elevations upgraded with architectural treatment, / /_ detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits. 3. Standard patio cover plans for use by the Homeowner's Association shall be submitted for _/_/_ Planning Director and Building Official review and approval prior to issuance of building permits. • 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/ projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. . E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts /_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided / /_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, / /_ and exits shall be striped per City standards. • 3 B,C,D, & E- 138 Project No. DRC2008-00306 Completion Date 5. All units shall be provided with garage door openers if driveways are less than 18 feet in depth _/_/_ from back of sidewalk. • 6. Multiple car garage driveways shall tapered down to a standard two-care width at street. 7. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on _/_/ this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 8. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and _/_/_ Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 9. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more / /_ parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. F. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in / / the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 / /_• slope, shall be,at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy: 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater _/_/_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft.of slope area, 1-gallon or larger size shrub per each 100 sq.ft.of slope area, and appropriate ground cover. In addition,slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For multi-family residential and non-residential development,property owners are responsible for _/_/_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing,mowing, and trimming. Any damaged,dead,diseased,or decaying plant material shall be replaced within 30 days from the date of damage. 6. The final design of the perimeter parkways,walls,landscaping,and sidewalks shall be included in / /_ the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 7. Landscaping and irrigation systems required to be installed within the public right-of-way on the / /_ perimeter of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas,the / /_• design shall be coordinated with the Engineering Department. B,C,D, &4E- 139 Project No. DRC2008-00306 Completion Date 9. Tree maintenance criteria shall be developed and submitted for Planning Director review and / /_ approval prior to issuance of building permits.These criteria shall encourage the natural growth • characteristics of the selected tree species. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) • G. General Requirements 1. Submit five complete sets of plans including the following: _/_/ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(DRC2008-00306)clearly identified on the outside of all plans. • 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/_/_ H. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be /_/_ marked with the project file number(DRC2008-00306). The applicant shall comply with the latest adopted California Codes, and all other applicable codes,ordinances,and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition,the applicant / /_ shall pay development fees at the established rate. Such fees may include,but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map / /_ recordation and prior to issuance of building permits. _ 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / /_ • through Saturday, with no construction on Sunday or holidays. 5 B,C,D, & E- 140 Project No. DRC2008-00306 Completion Date 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/ counter). 6. Submit pool plans to the County of San Bernardino's Environmental Health Services Department _/_/_• for approval. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. / /_ 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. _/_/_ 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505. 5. Provide draft stops in attics in line with common walls. / /_ 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ 8. If the area of habitable space above the first floor exceeds 3,000 square feet, then the / / construction type shall be V-1 Hour minimum. 9. Walls and floors separating dwelling units in the same building shall be not less than 1-hour _/_/_ fire-resistive construction. J. Grading • 1. Grading of the subject property shall be in accordance with California Building Code,City Grading _/_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / /_ perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, _/_/ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for / /_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. K. Additional Requirements/Comments 1. The project shall fully comply with accessibility requirements of 2001 California Building Code / /_ Chapter 11A (Housing Accessibility). • B,C,D, &6E- 141 • Project No. DRC2008-00306 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Dedication and Vehicular Access 1. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the _/_/_ final map. • M. Street Improvements 1. Pursuant to City,Council Resolution No.88-557,no person shall make connections from a source / / of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes,regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except:that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or . units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2. Construct the following perimeter street improvements including, but not limited to: _/_/_ Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Church Street X X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk • shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights _/_/_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements,prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a / / construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking,traffic signing,street name signing,traffic signal conduit,and / /_ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction / /_ project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer • 7 B,C,D, & E- 142 Project No. DRC2008-00306 Completion Date Notes: 1) Pull boxes shall be No. 6 at intersections and No.5 along streets,a maximum of 200 • feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/ /_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be /_/ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan / / check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in _/_/_ accordance with the City's street tree program. 5. Install street trees per City street tree design guidelines and standards as follows. The completed / / legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet (typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other • variables. For additional information, contact the Project Engineer. Min.Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Church Street Magnolia grandiflora NCN 3 ft. 20 o.c. 15-gal. "St. Mary" Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting,an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with / / adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. N. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. • B,C,D, &BE- 143 Project No. DRC2008-00306 Completion Date O. Utilities • 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the / /_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval • in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. / /_ Approval of the final parcel map will be subject to any requirements that may be received from them. P. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/_/_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to finalization of any development phase, sufficient improvement plans shall be completed / /_ beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map 11111, x ;9 r LL' MAPPLICANTOSHA CONTACTATHE FIRE SAFETYe DEPARTMENT; FIRE .PROTECTION.;; 0i?LANNING;SERVICES AT;-(909w4774770, F,9RhCOMPLIANCE WITH,THEIfOLLOWINct: CONDITIONSx 90-v. - k,--r o ^" 4N r & S a- } t r. ou 4 a �' e s 'a..�` - �' �* a- '0' '' ' '.-}f`' p a sF'+ a #H Y K k e tw �a-a �' sEEtATTACHED yet atk ',; a �.�¢ ��� ; s : 3, • • 9 B,C,D, & E- 144 a� ��^ Rancho Cucamonga Fire Protection District /A X44 s,, Fire Construction Services • ' FIRE " STANDARD CONDITIONS January 6, 2009 Terra Vista Apartment Homes • SFR/Duplex/Multi-Family Development N/S of Church & W/O Malaga SUBTT18710 & DRC2008-00306 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. The RCFPD Procedures & Standards which are referenced in this document can be access on the web at site www.rcfire.org under the Fire Safety Division & Fire Construction Services section. FSC-1 Public and Private Water Supply Design guidelines for The Fire Protection water supply must be in accordance with RCFPD Standard 5-10. FSC-2 Fire Flow 1. The required fire flow for this project will be based on the square footage of the largest building, type of construction and determined in gallons per minute at a minimum residual pressure of 20-pounds per square • inch. This requirement is made in accordance with the 2007 California Fire Code, as amended by the Fire District Ordinance. 2. The required minimum fire flow for this project when automatic fire sprinklers are installed can be reduced by 50-percent. 3. Fire Protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits for the construction of the buildings will not be issued until the public fire protection water plans are approved by the water and fire districts. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system (in accordance with RCFPD Standard #5-10) must be obtained prior to submitting the overhead fire sprinkler system plans. Include a copy of the approved underground plans as reference with the overhead submittal FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance FD46, the 2007 California Fire Code section 903.2.7 or because of an approved migration alternative such as: 1. When required fire flow cannot be provided due to inadequate volume or pressure. 0 When the building access does not meet the requirements of the 2007 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #5-1. FSC-5 Fire Alarm System B,C,D, & E- 145 1. RCFPD Ordinance FD46, the 2007 California Building Code, and/or the California Fire Code section 907.2.8. 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance • with RCFPD Fire Alarm Standard 9-3. FSC-6 Fire District Site Access • Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access— Fire Lanes Standard #5-1 and the 2007 California Fire Code for specific requirements. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. 4. Knox Rapid Entry System: are required in accordance to the RCFPD Residential Vehicular Gate Standard # 5-3 and the RCFPD Knox Box Installation Standard 5-9. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #5-3. 6. Fire Lane Identification: Red curbing, pavement marking and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for review and approval. 7, Mitigated Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' • above the level of the fire access road in accordance to RCFPD Standard #5-6. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Battery Systems • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Cryogenics • Flammable and Combustible Liquids • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007 California Building, Fire, • Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application B,C,D, 84 E- 146 Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the review fee. �CS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to he recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, • Recorders Office. Reciprocal access agreement—Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant—Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. • Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 6 Construction Access and Fire Protection Water Supply: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. Please refer to the RCFPD Standards# 14-1 & 14-2 for the requirements specific to fire protection water supply and fire department access during construction. B,C,D, & E- 147 3 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. • PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). • 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial and multi-family buildings shall post the building addresses, address monuments, site directories, suite directional signage and suite designations in accordance to RCFPD Multi-Family Residential Addressing Standard. 10. Hazardous Materials which require use permits from the fire district must be in accordance to the conditions of the permit. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector.- , 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 'A" x 11" or 11" x 17" site • plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. B,C,D, &4E- 148 • RESOLUTION NO. 09-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2008-00762, A REQUEST TO CONSTRUCT WALLS WITH A CALCULATED HEIGHT OF UP TO 10 FEET IN CONJUNCTION WITH THE DEVELOPMENT OF 241 UNIT CONDOMINIUMS (DEVELOPMENT AND DESIGN REVIEW DRC2008-00306) WITHIN THE MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE NORTH SIDE OF CHURCH STREET AND EAST OF MILLIKEN AVENUE - AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-532-16. A. Recitals. 1. Lewis Operating Corporation has filed an application for the approval of Variance DRC2008-00762, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 14th day of January 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. • B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: • 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 15.69-acre vacant project site that is located on the north side of Church Street and east of Milliken Avenue; and b. The site is bounded by Milliken Park to the north, Church Street to the south, multi-family residences to the east (earlier phases of Homecoming at Terra Vista), and a storage facility and multi-family residences to the west; and c. The applicant is requesting to construct property line walls with a calculated height as high as 10 feet along portions of the east property line and 7 feet high along portions of the north and west property lines. The maximum permitted wall height is 6 feet for all residential districts within the Terra Vista Community Plan area; and d. The additional wall height is necessary because of the grade difference between the applicant's site and the existing residential projects to the east and west and the City park to the north. •The up to 10-foot high wall along the east property line will be partially screened by a proposed pedestrian ramp that will connect the site with the earlier phases of the project; and B,C,D, & E- 149 • PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 2 • e. The Variance is related to the development of a proposed 241-unit rental condominium project (Development and Design Review DRC2006-00306); and f. The proposed project is located in the Medium-High Residential District and has been designed in accordance with all other standards and guidelines of the Development Code and the Terra Vista Community Plan. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code, in that the City has a Standard Condition that requires 6-foot high property line walls on all residential developments. The grade difference between the project site and the neighboring lots necessitates that the applicant construct retaining walls topped by free-standing wrought iron fences. Without the Variance, the proposed walls/fences would be over the maximum 6-foot height permitted by the Terra Vista Community Plan. The elimination of the retaining walls would require the applicant to significantly redesign the project, which would result in the development of fewer units and the project being deficient in meeting the density range of 14 to 24 dwelling units per acre required in the Medium-High Residential District, thus placing an unnecessary physical hardship on the applicant. b. That there are exceptional or extraordinary circumstances or conditions applicable to the • property involved or the intended use of the property that do not apply generally to other properties in the same zone, in that the subject infill site is surrounded by developed lots which were graded at the time of development in a manner that has led to there now being significant grade differences between the site and the lots to the north, east, and west, necessitating the need for retaining walls topped by the required 6-foot high property line walls. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in same zone, in that without the requested Variance, the applicant would be limited to constructing walls less than the required height of 6 feet, which would deprive the applicant from the ability to properly secure the perimeter of the site. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone, in that the additional wall height will allow the applicant to construct property line walls with a maximum height of 6 feet, as measured on the shortest side of the wall/fence, which is consistent with the surrounding properties and should not be considered the granting of a special privilege. e. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity, in that the proposed walls to the north and west will have a calculated height that is 1-foot greater than that permitted by the City. The proposed east property line wall separates two properties owned by the applicant. Staff believes that the design of the subject walls do not appear to result in unwanted view or visual impacts on the neighboring properties and will not result in significant impacts that would be detrimental to the public welfare or are injurious to the other properties in the vicinity. • B,C,D, & E- 150 PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 • Page 3 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval permits the applicant to construct property line walls up to 7 feet along the west and north property line and 10 feet along the east property line for a site located on the north side of Church Street and east of Milliken Avenue —APN: 0227-532-16. 2) The approval of Variance DRC2008-00762 is subject to the approval of Terra • Vista Community Plan Amendment DRC2008-00761 (Planning Commission and City Council [approval and adoption after City Council second reading)), Tentative Tract Map SUBTT18710, and Development Review DRC2008-00306. B,C,D, & E- 151 PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 4 • 3) The Variance shall expire if building permits are not issued within 5 years from the date of approval. 4) The construction of the retaining walls and fences shall be in accordance with the Precise Plot and Grading Plan approved by the Planning and Building and Safety Departments for the issuance of the Precise Grading Permit. 5) All retaining walls shall be constructed of decorative material consistent with the architectural theme and building materials used within the project. 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. • B,C,D, & E- 152 PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 • Page 5 • 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 Fine Particulate Matter (PM10) emissions, in accordance with • SCAQMD Rule 403. 7) 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 Fine Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. 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) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 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: B,C,D, & E- 153 PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 6 • • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • 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 the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San • Bernardino County Museum. • B,C,D, & E- 154 PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 • Page 7 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,() emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon 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 PM,o emissions. 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Madole & Associates, Inc. on • September 15, 2008, to reduce pollutants during the construction phase of project from entering the storm drain system to the maximum extent practical. B,C,D, & E-, 155 • PLANNING COMMISSION RESOLUTION NO. 09-05 • DRC2008-00762 — LEWIS OPERATING CORPORATION January 14, 2009 Page 8 • 6) The developer shall implement the BMPs identified in the WQMP, prepared by Madole & Associates, Inc. on September 15, 2008, to reduce pollutants after construction from entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 8) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying 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. 9) 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) 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. 2) 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. The 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. 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) 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 B,C,D, & E- 156 • PLANNING COMMISSION RESOLUTION NO. 09-05 DRC2008-00762— LEWIS OPERATING CORPORATION January 14, 2009 • Page 9 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer; AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do • hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of January 2009, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • B,C,D, & E- 157 ‘ 3, C b y 1 b / -- r r R�Ar r:, RAN. "ED V. .it CU i t",''!' • CUCLITtl.`,n _— S - Entitlements HOMECOMING at TERRA VISTA • Two Lot Parcel Map —20.69 Acres • Design Review—241 Units on 15.69 Acres FINAL PHASE • Community Plan Text Amendment • Variance —Wall Height (10 feet max) Goy•j• l7 RA e I'., ° RAA r' lijgillIlln- r Cu.c'..-1,u.'..) ,_ pti, CU:C . .. 4-4.::::111;%,_ l _ t . r . - a..1� y ?`�< 'r i fix - — ""� 1 qA, f • ' \V 3 � r. ask _________2;._,T. Vii- ... - _ _ .t. - RA r .D �' rRA `` CUG Nf^i c C Us • J x 4- Design and Layout a :: 6 Different Building Types y a 6 • 166 Two Bedroom Units xF , it. 1. ; ,• f N. • 75 Three Bedroom Units t. , C .".jx • Size— Ranging from 1,031 sf to 1,571 sf 1 ' �L ' ' RAN(:IIO kr' st 1NCII( Ct ( AMONG S ,, (:I (:1\901( 1 41ILIT' It 1 ,fir: 4 /y �iL • •, �" 'rd,�-1:. ,l:e,v1llY7.irl 4- ._. BOLDING 269 FRST FLQORPL4N st; sl:,�ti( I1(� - RANG V,.( t'(:AM()N( °'q �•... --- .• (� CUCAiCfiG,, w — a Building Separations Requirements HIL • O^ t j, _ - 30 feet— Front to Front 15 feet—Side to Side rIsP.,1N( fIO RAMC 0 ` ( l (:AMOK 'RANC fO7,._ f_r The proposed townhouse-style units will provide the residents with a Terra Vista Planned Community living arrangement that at most shares one wall.which will reduce noise issues between adjoining units and will allow more daylight Text Amendment into each unit through the placement of windows on the side elevations • Reduce Front to Front Setback to 16 feet • The decreased building separations will allow the townhouse-style • Reduce Side to Side Setback to 8 feet units to meet the density requirements of the Medium-High District (14 to 24 units per acre). (h)Building separations:The standards from the Rancho Cucamonga Development Code shall apply except for • Staff feels that proper site planning can overcome any issues that the following exception: Two story duplex and detached may arise from the reduced building separations,and that future residents of projects developed using this criteria will be afforded the single-unit buildings may be developed with a reduced same high quality-of-life standards expected from all developments front-to-front building separation of 16 feet and a within the City. side-to-side building separation of 8 feet. 2 ro ,< RA a (__ , RANCIO ill CUQ't.�lr;; r - CUCA'• rg} nv . } u: .. Recreational Amenities Parking • On-site- • Total Number of Parking Spaces Provided-534 - Outdoor recreation area(28 foot by 36 foot pool,9 foot diameter Parking Spaces Above Min.Req.-25 spa.2 shade pavilions,sun deck and restrooms). IIIMII - Four outdoor kitchen nodes(BBO,sink,granite counter tops and him, wro..w L.,. an s.m.e snIcod seating). B'6a""' - Rain(water feature)and wind(wind sculpture)gardens that ,.,e.•°..���. �� ,e,o�w. �• 717.6. 6661rocrn include decorative landscaping.hardscape and seating area " a°" . .. Gu.V.V,° 141 015•prwnw p • Off-site ,,,,�,'.w sa - Recreation building total 14,000 square feet(exercise room, r,.Enka.Spans Anodes MP media lounge,game room,library,cafe,etc.) Inn 1 7wonsnw.,7.76�e ,.r - Tot Lot located directly adjacent to east property line. '°w Coon s"°`•°""°°'dgeL°tProw Sena loon,Spoon Prowl L. 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I •, t a,..• 1 ,t1■ ki. ‘ 0 4 r, II i LI I # 1 .1. ....... ! Hi ,.0, ' . . il' s a . .: ■ ; lilt • if, Pj y ' Li y2 ii, 1 . t i- $ g . 'O C3 M _T, t c a 1 II q 1 - I i • a°, i .4„ 2 i ,_=', s 3 g. J STAFF REPORT h • PLANNING DEPARTMENT RANCHO Date: January 14, 2009 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Daniel Correa, Assistant Planner Subject: CONSIDERATION OF APPEAL OF A PLANNING DIRECTOR DECISION TO DENY CONDITIONAL USE PERMIT DRC2008-00616 - MILLIKEN MARKET (NIDAL SAMAAN) - An appeal of a Planning Director decision to deny an application for a convenience market store with sales of distilled spirits, located on the northeast corner of Milliken Avenue and 4th Street, within the Industrial Park District, Subarea 12, at 9635 Milliken Avenue. CONTINUED FROM DECEMBER 10, 2008. BACKGROUND: The applicant proposed to operate a convenience market with the sale of distilled spirits in the Town Place Square shopping center located on the northeast corner of Milliken Avenue and 4th Street at 9635 Milliken Avenue. The Planning Director considered the application and denied the request. The applicant subsequently filed a timely appeal which was considered in • a duly noticed public hearing at the Planning Commission meeting of December 10, 2008. At that meeting, the Planning Commission reviewed the application and unanimously upheld the appeal, thus approving the request. The Commission directed staff to bring back an appropriate resolution for action. The item was continued to the meeting of January 14, 2009 to allow time for staff to prepare the resolution including specific conditions for Commission action. CORRESPONDENCE: Because the public hearing was continued to this date specific, no additional advertising was required. Staff has not received any calls or correspondence related to the project proposal. RECOMMENDATION: Staff recommends the Commission review and adopt the draft resolution and related conditions. Respectfully s��submitted, Jam R. Troyer, AICP, Planning Director JRT/DC/LS Attachment: Draft Resolution of Approval for Conditional Use Permit DRC2008-00616 • ITEM F RESOLUTION NO. 09-06 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPEAL OF THE APPLICANT AND APPROVING THE CONDITIONAL USE PERMIT DRC2008-00616, A REQUEST TO OPERATE A CONVENIENCE MARKET WITH SALES OF DISTILLED SPIRITS ON THE NORTHEAST CORNER OF MILLIKEN AVENUE AND 4TH IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12); AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-341-23. A. Recitals. 1. Mr. Nidal Samaan, filed an application for the issuance of Conditional Use Permit DRC2008-00616, 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 the 25th day of August 2008 and on the 23rd day of October 2008 the Planning Director of the City of Rancho Cucamonga denied the application with the appropriate findings enumerated and informed the applicant of their right to appeal under prescribed procedures. 3. The decision represented by said Planning Director determination was appealed in a timely manner to this Commission. • 4. On December 10, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and continued the hearing to the January 14, 2009 meeting. 5. On January 14, 2009, the Planning Commission of the City of Rancho Cucamonga concluded the public hearing on the application. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on December 10, 2008 and continued to January 14, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a site that is located on the northeast corner of Milliken Avenue and 4th Street in the Industrial Park district (Subarea 12); and • F-2 • PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 2 • b. The proposed site is presently developed with commercial, retail, and professional buildings; and c. The most recent application proposes the establishment of a convenience market with sales of distilled spirits; and d. The proposal is for a convenience market with sales of distilled spirits which requires a Conditional Use Permit pursuant to Rancho Cucamonga Municipal Code, Title 17, Development Code Section 17.30.030; and e. The applicant's business will occupy approximately a 1,950 square foot unit of a six-unit building, located on the northeast corner of Milliken Avenue and 4th Street. The other five units are commercial/retail and professional office uses, such as a dentist office, financial services office, dry cleaner, nail salon, and an orthopedic foot service. In addition to selling distilled spirits, the market will sell a large amount of non-alcoholic beverages, such as groceries, a variety of packaged food, soft drinks, and ice; and f. The business will be open seven days a week: Monday through Thursday and on Sundays, 8:00 a.m. to 10:00 p.m.; Friday and Saturday, 8:00 a.m. to 11:00 p.m. The proposed business hours are consistent with the usual retail work hours. There will be two employees during business hours at all times and no employee will be under 21 years of age; and g. 37% (percent) of the maximum floor area will be strictly reserved for sales of • distilled spirits and 63% (percent) of the floor area will be for general market items; and h. The applicant is not proposing extra floor area to the existing shopping center; therefore, the market will not require any additional parking spaces above and beyond that which is required by the shopping center as a whole; therefore, the proposed business does not have a negative effect on the rest of the shopping center; and i. There are no public safety concerns. A records check with the Department of Alcoholic Beverage Control regional office and with the City of Rancho Cucamonga Sheriff Department confirms that there is no history of disciplinary actions or infractions against Milliken Market since it is a new business establishment. 3. Based upon the substantial evidence presented to the Planning Director during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The application, which contemplates operation of the proposed use, complies • with each of the applicable provisions of the Development Code. • F-3 PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 • Page 3 4. Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 which covers the permitting of existing facilities whose use requires a special permit. Because the applicant only proposes to utilize an existing unit of multi-tenant building, there is no substantial evidence that the project will have a adverse effect on the environment. The Planning Director has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning Director 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. Panning Department: 1) . Approval is granted for an approximately 1,950 square foot unit convenience market, located at 9635 Milliken Avenue. • 2) Throughout the life of the business 37% (percent) of the maximum floor area will be strictly° reserved for sales of distilled spirits and 63% (percent) of the floor area shall be at all times sales of general market items. 3) The licensee shall at all times maintain records which reflect separately the gross sale of groceries, food, and non-alcoholic beverages, and the gross sales of distilled spirits and alcoholic beverages. The said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand, 4) There shall be no change or modification of the floor plan without prior review and approval by the Planning Director. A copy of the approved floor plan is attached to this resolution and the full sized plan shall remain on file. 5) The days and hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Thursday and on Sunday; and 8:00 a.m. to 11:00 p.m. Friday and Saturday. 6) Business sign(s) shall comply with the existing Uniform Sign Program of Town Place Square Center. The text of the signs shall be limited to the name of the business and all signs describing • products or services provided by the business shall be prohibited. Furthermore, prior to the building permit issuance, a sign package F-4 • PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 Page 4 • shall be reviewed for approval by the Planning Director prior to installation. Advertising shall be in conformance with the City's Sign Ordinance. 7) The applicant shall discourage loitering in front of the store and the adjacent parking area and keep those areas free of trash. 8) Approval of this request shall not waive compliance with any sections of the Uniform Building Code, City Ordinances, San Bernardino County Health Department, and/or California State Department of Alcoholic Beverages Control (ABC). 9) The business shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Director for consideration and possible termination of the use. 10) Any modification of the operating hours or days or any intensification of the use beyond what is specifically approved by this Conditional Use Permit shall require review and approval by the Planning Director. • 11) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 6. The Secretary of the Planning Commission of the City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: • James R. Troyer, AICP, Secretary • F-5 PLANNING COMMISSION RESOLUTION NO. 09-06 DRC2008-00616 - MILLIKEN MARKET January 14, 2009 • Page 5 I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of January, 2009 by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • F-6 0 a. COMMUNITY DEVELOPMENT l DEPARTMENT • • STANDARD CONDITIONS PROJECT #: DRC20080-00616 SUBJECT: NON CONSTRUCTION CONDITIONAL USE PERMIT APPLICANT: MILLIKEN MARKET LOCATION: 9635 MILLIKEN AVENUE - APN: 0229-341-23 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date • General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval,or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 09-06, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The /_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: Notice of Exemption - $50 _X B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use _/_/_ . • has not commenced within 5 years from the date of approval. No extensions are allowed. SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2008-00616stndcondl-14.doc F-7 • Project No.DRC2008-00616 Completion Date .. C. Site Development 1. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/ • of Approval shall be completed to the satisfaction of the Planning Director. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. D. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) • E. General Requirements 1. Submit five complete sets of plans including the following: / /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; • d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2008-00616) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/_/_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the / /_ Building and Safety Department. 6. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can _/_/_ contact the Building and Safety Department staff for information and submittal requirements. • 2 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2008-00616stndcondl-14.doc F-8 Project No.DRC2008-00616 Completion Date F. Site Development • 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number(i.e., DRC2008-00616). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/ /_ through Saturday, with no construction on Sunday or holidays. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Security Lighting 1. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. H. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/ /_ visibility. I. Alarm Systems • 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and _/_/_ employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. . APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR CONDITIONS • 3 I:\PLANNING\FINAL\PLNGCOMM\2009 Res&StfRpt\DRC2008-00616stndcondl-14.doc F-9 Planning Commission Meeting of G7 V/2. r RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM f/1 cI&w XXj4237 2. ii) U (. 3. -%l(e 1/ , . 4. /.(i-) .OY///,?-f L 5. )l-11/4/t? 7' -Ai 4. 8. 4t to 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.