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HomeMy WebLinkAbout03-120 - Resolutions RESOLUTION NO. 03-120 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. DRC2003-00101, THE DESIGN REVIEW OF 117 SINGLE-FAMILY DETACHED HOMES FOR TENTATIVE TRACT MAP SUBTT16454 IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED AT THE SOUTHEAST CORNER OF BASE LINE ROAD AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1100-011-01, 02, 03,AND06(A PORTION); 1100-021-01, 03, AND 04; 1100-031-05; 1100-051-01 (A PORTION); AND 1100-061-01. A. Recitals. 1. KB Home Greater Los Angeles, Inc. filed an application for Development Review DRC2003-00101, the Design Review of Tentative Tract Map SUBTT16454 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application." 2. On the 27th day of August 2003, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 meeting on August 27, 2003, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located at the southeast comer of Base Line Road and Etiwanda Avenue with a street frontage of approximately 650 feet on Base Line Road and lot depth of approximately 1,500 feet and presently contains three single-family homes and several Eucalyptus windrows, as well as other ornamental trees and Palms; and b. The property to the north of the subject site across Base Line Road is mostly vacant with some single-family residential, the property to the south is mostly vacant with one single-family home, the property to the east is vacant land and the 1-15 Freeway, and the property to the west across Etiwanda Avenue is a tract of single-family homes and vacant land; and 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; and d. The applicant conducted one neighborhood meeting to inform surrounding neighborhood residents of the proposed project and to obtain their feedback; and PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 2 e. The project design is consistent with the Etiwanda Specific Plan, and the Basic Development Standards therein, including, but not limited to, the following goals and policies: i) Create opportunities wherein a population diverse in terms of income, age, occupation, race, ethnic background, lifestyle, values, interests, and religion may interact,exchange ideas, and realize common goals. (Project would create single-family detached homes with differing price ranges adjacent to other single-family detached homes and multiple family attached homes.) ii) Encourage opportunities to mix different, but compatible, land uses and activities. (Project would add single-family detached residences adjacent to proposed multiple family attached residences. Residential land uses are considered compatible as opposed to more intense commercial uses.) iii) Organize land uses to avoid creating nuisances among adjacent land uses. (Consistent with the City's General Plan intent for Low-Medium Residential District, this project will result in an orderly transition in density from the Medium Residential District to the northeast adjacent to the 1-15 Freeway.) 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on August 27, 2003 including written and oral staff reports, this Commission hereby specifically finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. That the proposed design is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed design, 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. 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. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 3 b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below as conditions of approval. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 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 Division 1) Approval of Development Review DRC2003-00101 is granted subject to the approval of a Variance DRC2003-00523 for all block walls that exceed 8 feet in height, and Minor Exception DRC2003-00521 for all walls exceeding 6 feet, but less than 8 feet, in height. 2) Tree Removal Permit DRC2003-00482 is hereby approved subject to the mitigation measures contained herein below. 3) The developer shall provide each prospective buyer written notice of the adjacent winery. The written notice must disclose the uses and operation within the winery and be in a format as approved by the City Planner, prior to issuance of building permits. The written notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 4) The developer shall provide each prospective buyer written notice of the Victoria Gardens Regional Center and the Cultural and Library Center. The standard format for the written notice shall be submitted for City Planner review and approval, prior to issuance of building permits. The written notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 5) The developer shall provide each prospective buyer of lots along Etiwanda Avenue written notice of the required pedestrian paseo,which is to be maintained in perpetuity. The written notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 6) The developer shall provide each prospective buyer of comer lots written notice of maintaining the landscaped parkway. The written PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 4 notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 7) The developer shall provide each prospective buyer written notice of the adjacent 1-15 freeway. The standard format for the written notice shall be submitted for City Planner review and approval, prior to issuance of building permits. The written notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 8) Submit standard design of future trellis, patio, cover patio that may be added within the rear yard by the homeowner for City Planner review, prior to issuance of building permits. The standard design shall include notes stating that rolled roof, metal, wood shingles,asphalt shingles are not allowed. 9) Provide conduit from each unit/lot and a pull box to connect to the street and provide interior structure wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and central distribution panel, prior to release of occupancy. Plans shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. 10) The pedestrian paseo shall have a minimum width 10-foot easement and shall include sidewalk, landscaping flanking the sidewalk,and open decorative fencing to delineate the pedestrian paseo. Submit detailed design of the pedestrian paseo between lots that front onto Etiwanda Avenue for City Planner and City Engineer review and approval,priorto plan check. 11) The developer shall in good faith work with the southerly and westerly adjacent property owners to obtain authorization for off-site grading so as to eliminate the need or reduce the height of the retaining wall, or provide terraced walls along the south and west property boundary. 12) All interior side and rear walls shall be of block material. 13) Streetscape along Etiwanda Avenue shall be designed per Etiwanda Specific Plan. 14) All conditions of approval per Historic Preservation Commission Resolution No. 03-04 for Landmark Alteration Permit DRC2003-00103 shall apply. Engineering Division 1) Provide a minimum of 3-inch conduit for future fiber optic use on all streets with connection through the parkway to each lot or parcel. The size, placement, and location of the conduit shall be subjected to City Engineer review and approval, prior to issuance of grading permits or final map approval, whichever comes first. PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 5 2) Developer shall make a good faith effort to acquire the necessary rights-of-way for full-width street improvements for Emmett Way(south of Base Line Road) and Street"C,"through its intersection with Street "B." If right-of-way cannot be obtained,the developer shall process an amended Tentative Map to provide for a new street layout. 3) Developer, at his sole expense and effort, shall acquire all easements necessary to accommodate ultimate, local, and/or interim drainage facilities. In the event the developer is not able to acquire the necessary off-site right-of-way, the Final Map shall be disapproved per Chapter 4, Article 1, Section 66473 of the Subdivision Map Act. 4) Base Line Road frontage improvements to be in accordance with City "Major Divided Arterial" standards and Etiwanda Specific Plan Figure 5-21, including: a. Protect existing curb and gutter and sidewalk, or repair, as required. b. Provide curb, gutter, curvilinear sidewalk and asphalt pavement, as required. C. Provide landscaped median on Base Line Road to easterly project limits. Existing median in Base Line Road to be protected and reconstructed, as needed to relocate median break from Emmett Way to Street "A." d. Provide 9500 Lumen HPSV streetlights along Base Line Road frontage. e. Provide bus bay at southeast comer of Base Line Road and Etiwanda Avenue. f. Protect existing R26"No Stopping"signs, or replace, as required. g. Protect traffic signal equipment at Base Line Road and Etiwanda Avenue, or relocate/replace, as required. h. Provide a Class II Bike Lane on both sides of Base Line Road from Etiwanda Avenue to the east project boundary. i. Provide a traffic signal at the intersection of Base Line Road and the proposed project entrance. j. Modify westbound Base Line Road left-tum lane lengths at Etiwanda Avenue, as required. Dedicate additional right-of-way as needed at intersections. 5) Etiwanda Avenue frontage improvements to be in accordance with City "Secondary Arterial"standards and Etiwanda Specific Plan Figure 5-23, including: PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101.- KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 6 a) Protect existing cobble curb and gutter, or repair as needed. b) Provide cobble curb, gutter, sidewalk, and asphalt pavement, as required. c) Provide 5800 Lumen HPSV streetlights along Etiwanda Avenue frontage. d) Provide "Two Way Left-Tum Lane" along Etiwanda Avenue. e) Protect existing R26"No Stopping"signs, or replace, as required. f) Provide a Class II Bike Lane on Etiwanda Avenue, from Base Line Road to southerly tract boundary. 6) Since Etiwanda Avenue side yards will be required to look like front yards, access shall be provided for the private maintenance of said side yards. 7) Internal streets to be improved in accordance with City"Local Street" standards, including: a) Provide curb, gutter, sidewalk, drive approaches, and asphalt pavement, as required. b) Provide 5800 Lumen HPSV streetlights, as required. c) Cul-de-sacs shall not exceed 600 feet in length. 8) Freeway noise wall and landscaping along the east side of Street "B" shall be located in a lettered lot owned and maintained by the Homeowners' Association of Tentative Tract Map SUBTT16455. 9) Flow increases as a result of development shall be mitigated by enlarging Etiwanda/San Sevaine Area Interim Master Plan Basin No. 6 as follows:. a) The developer who installed the basin is eligible for reimbursement to recover proportionate cost of the land and ultimate basin related facilities (outlet, etc.). Prior to recordation of the map, provide for a fair share cost of the land. b) A cash deposit for removal of interim improvements and connection to the future 78-inch pipe will be required. 10) Site is located within Area 9 of the Etiwanda/San Sevaine Area Drainage Policy. Development shall extend the master plan storm drain in Etiwanda Avenue north of Miller Avenue to serve the project site. Standard drainage fees for the site shall be credited to the cost of permanent master plan facilities, in accordance with City policy. The developer may request a reimbursement agreement to recover over PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 7 sizing costs, in excess of fees, from future development within the same tributary area. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 11) Install local storm drains to convey development drainage to the extended Master Plan Storm Drain in Etiwanda Avenue. Extend the local storm drain system as far on site as needed to contain Q25 within tops of curbs and Q100 within rights-of-way and provide a 10-foot dry lane in Q10. The cost of local storm drains shall be bome by this development with no fee credit. 12) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities(telecommunications and electrical,except for the 66 kV electrical) on the opposite side of Base Line Road shall be paid to the City prior to final map approval. The fee shall be one-half the City adopted unit amount times the length of the entire project frontage. 13) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical) on the project side of Etiwanda Avenue shall be undergrounded along the entire project frontage, extending from the first pole north of Base Line Road to the first pole south of Candlewood Street, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing Etiwanda Avenue shall be undergrounded at the same time. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 14) Parkways shall slope at 2 percent from the top of curb to one foot behind the sidewalk along all street frontages. 15) Install private landscaping and irrigation systems in the side yards of the lots along Etiwanda Avenue and Lots 81 and 82 along Street "D" prior to public improvements being accepted by the City. 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. PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 8 2) Prior to issuance of any grading permits, the developer shall submit construction plans to 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 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 of 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. PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 9 7) Chemical soil stabilizers(approved by SCAQMD and RWQCB)shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) 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. Biology 1) Burrowing Owl: Prior to construction, a survey shall be conducted to determine burrowing owl presence or absence. If present, the California Department of Fish and Game requires that burrows being utilized by burrowing owls be mitigated 2:1 off site. This entails the passive or active relocation of the owls by a qualified biologist and the construction of artificial burrows in a protected off-site location. 2) Nesting Birds: Prior to commencement of tree removal during the nesting season (February-July), all suitable habitats shall be thoroughly surveyed for the presence of nesting birds by a qualified biologist. If any active nests are detected, the area shall be flagged and avoided until the nesting cycle is complete. In addition, a biologist shall be present on the site to monitor the tree removal and grading to ensure that no trees with active nests are disturbed or tree removal and grading shall be delayed until after the breeding season (September- January). This would ensure that no active nests would be disturbed. 3) All heritage trees scheduled for removal shall be replaced with the largest nursery grown trees available as determined by the City Planner. All Eucalyptus windrow trees scheduled for removal shall be replaced with Eucalyptus maculata(Spotted Gum), minimum 15-gallon size, and planted 8 feet on center, along the project perimeter in accordance with the Etiwanda Specific Plan. Noise 1) A sound wall at least 18 feet high relative to the existing grade must be erected along the entire freeway frontage of the project site. PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 10 2) Sound walls at least 8 feet high relative to each pad grade must be erected along the entire Base Line Road frontage. 3) Sound walls at least 6 feet high relative to each pad grade must be erected along the entire Etiwanda Avenue frontage. 4) Sound walls at least 8 feet high relative to the pad grade must be erected around the east and south sides of Lot 101. 5) Required noise control barriers shall be constructed using any of the following materials: Masonry block, stucco on wood frame, 3/4-inch plywood, 1/4-inch glass or 1/2-inch LEXAN, earthen berm, or a combination of these materials or any material with a surface weight of at least 3.5 pounds per square foot. 6) Each completed noise control barrier must present a solid face from top to bottom. Cutouts and openings are not permitted except for drain holes. 7) Sound Transmission Class 30 glazing shall be added to all first and second floor rooms with any view of Etiwanda Avenue from Lots 8, 9, 24, 25, 42, 43, and 62. 8) Sound Transmission Class 32 glazing shall be added to all first floor rooms with any view of the freeway sound wall from Lots 100 through 116. 9) Sound Transmission Class 34 glazing shall be added to all second floor rooms with any view of Base Line Road from Lots 1 through 8. 10) Sound Transmission Class 36 glazing shall be added to all second floor rooms with any view of the freeway sound wall from Lots 100 though 117. Cultural Resources 1) A qualified paleontologist shall conduct a preconstruction field survey of the project site. 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 PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 11 discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. 2) 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 area's archaeological heritage. • 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. 3) The Bartholow House shall be made habitable, including, but not limited to, roofing and structural repairs, electrical, and plumbing, to the satisfaction of the City Planner. 4) The new detached garage shall be designed with compatible color, materials, and architectural style, as the existing Bartholow House, to the satisfaction of City Planner. Geology 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. PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 12 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 1) Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Program (SWPPP) that identifies Best Management Practices (BMPs) to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. 2) Structures to retain precipitation and runoff on-site shall be integrated into the design of the project where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, pre-cast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. 3) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drains 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 2000. 4) Prior to issuance of grading or paving permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollution Discharge Elimination System 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 Engineer for coverage under the NPDES General Construction Permit. 6. The Secretary to this Commission shall certify to the adoption of this Resolution: APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 03-120 DRC2003-00101 - KB HOME GREATER LOS ANGELES, INC. August 27, 2003 Page 13 BY: Z2, � Rich Macias, Chairman ATTEST: rad Bul cretary I, Brad Buller, 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 27th day of August 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: McPHAIL City of Rancho Cucamonga MITIGATION MONITORING in PROGRAM Project File No.: Tentative Tract Map SUBTT16454 and Development Review DRC2003-00101 This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe 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 City Planner, 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 Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program TT SUBTT16454 and DR DRC2003-00101 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs 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 afterwritten 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 City Planner prior to the issuance of building permits.