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HomeMy WebLinkAbout05-112 - Resolutions RESOLUTION NO. 05-112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2005-00830, A REQUEST TO REDUCE THE REQUIRED PARKING SETBACK FROM 25 FEET TO 11 FEET ALONG HAVEN AVENUE FOR AN OFFICE AND COMMERCIAL CENTER CONSISTING OF A 113 ROOM HOTEL, ONE RESTAURANT PAD BUILDING TOTALING 7,600 SQUARE FEET, TWO THREE-STORY OFFICE BUILDINGS TOTALING 146,896 SQUARE FEET AND TWO COMMERCIAL BUILDINGS TOTALING 21,200 SQUARE FEET ON 11.70 ACRES OF LAND IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 6) WITHIN THE HAVEN OVERLAY DISTRICT, LOCATED AT THE NORTHWEST CORNER OF HAVEN AVENUE AND 4TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-391-01 THROUGH 08 AND 0210-381-22 AND 23. A. Recitals. 1. Charles Joseph Associates filed an application for the issuance of Variance DCR2005-00830, 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 9th day of November 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing 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 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 November 9, 2005, including written and oral staff reports together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to Development Review DRC2005-00458, a master plan consisting of a hotel,two office buildings, one freestanding restaurant building,and two commercial buildings on 11.70 acres of land at the northwest corner of 4th Street and Haven Avenue; and b. The property to the north of the subject site is developed with an office building and is zoned Industrial Park; the property to the east, across Haven Avenue, is vacant and is zoned Industrial Park; the property to the south is vacant and is located in the City of Ontario and zoned future Mixed Use Specific Plan;and the property to the west is developed with an office building and is zoned Industrial Park; and C. The Variance request is to allow a reduction in the required parking setback from 25 feet to 11 feet along Haven Avenue; and PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 2 d. Literal enforcement of building setback would cause a physical hardship and practical difficultly for development of the property because of requiring the parking area and other site improvements for Building D to be shifted to the west an additional 14 feet because of the right deceleration lane. Deceleration lanes are not standard requirements for all projects but are required under certain traffic speeds and volumes as determined by the Engineering Department. Further, if the deceleration lane were not required, the project would meet the required 25-foot parking setback; and e. There are exceptional circumstances applicable to the subject property that do not apply to a majority of other properties in the immediate surrounding area because of the fact that the project will utilize a shared driveway that provides ingress and egress to a mixed-use project. With the development of the proposed project, the speeds and volume of vehicle traffic to the project site will be at a level that requires a right deceleration lane,which requires an additional 14 feet of street improvements; and f. Literal enforcement of the building setback would deprive the applicant of development enjoyed by other properties in the Haven Avenue Overlay District by requiring the applicant to significantly alter the proposed design of the project by providing an additional 14 feet of landscape area for parking setback purposes, as measured from the prolongation of the westerly curb for Haven Avenue using the standard cross-section for a major divided highway with dual left-turn lanes and right-turn lane; and g. The granting of the Variance will not constitute a special privilege because there are unique site conditions (i.e., volume of inbound vehicle traffic from shared driveway, Haven Avenue traffic volume, etc.), and the granting of the Variance will not constitute a special privilege inconsistent with the limitations on other properties in the same zone in that Variances for building setbacks have been granted for other projects that have been required to install right deceleration lanes on major arterials; and h. Granting of the Variance for a parking setback will not be detrimental to the public health, safety, or welfare since the master plan for the project has been designed to take into account the massing and orientation of other buildings,thereby preserving the Haven Avenue view corridor. Further, the right deceleration lane will increase public safety by separating the southbound traffic flow on Haven Avenue from vehicles entering the project. 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 regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code; and b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district; and 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 the same district; and PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830— CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 3 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 district; and e. That the granting of the Variance 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. 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 that 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 or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning 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: Planning 1) Variance approval shall expire if Building Permits are not issued within 5 years from the date of approval. 2) All applicable Conditions of Approval per Resolution No. 05-111 approving Development Review DRC2005-00458 shall apply. 3) 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 PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 4 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. 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, 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 complywith 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. PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 5 • 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 PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers(approved by SCAQMD and RW QCB)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 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). 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. 14), All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830 —CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 6 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 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. 2) If any paleontological resource (i.e. plant or animal fossils) is 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. PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 7 • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or 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 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 (SW PPP) 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 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. PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830—CHARLES JOSEPH ASSOCIATES November 9, 2005 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 prepared by Thomsen Engineering, July 2005 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) Drainage has been directed to landscape areas for percolation before pick-up in storm drains. 8) 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 Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 9) Prior to issuance of grading or paving permits, 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) Exterior: A 6-foot high sound attenuation barrier shall be constructed around the entire perimeter of the pool area at hotel. PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 9 2) Interior: A final acoustical report shall be submitted for City Planner review and approval priorto the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 60 dBA,the building materials and construction techniques required. The building plans will be checked for conformance with the mitigation measures contained in the final report. 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. 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 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY NOVEMBER 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam §104aef, Chairm 2�"'�' 1,X" - ATTEST: Dan Coleman, Acting Secretary PLANNING COMMISSION RESOLUTION NO. 05-112 VARIANCE DRC2005-00830 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 10 I, Dan Coleman, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 9th day of November 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Parcel Map SUBTPM17303, Development Review DRC2005-00458, and Variance DRC2005-00830 a 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 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 Department) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program SUBTPM17303, DRC2005-00458, and DRC2005-00830 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 City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: Tentative Parcel Map SUBTPM17303, Development Review DRC2005-00458. and Variance DRC2005-00830 Applicant: The Hileman Company Initial Study Prepared by: Donald Granger Date: September 7. 2005 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Alr QU3llty �° � ` i �.1' r'a . 1 ,.c'..� ��`• $� $ ' ; 3 '',i�4y�T�� '$"r , � ,.;.`f '� t ,�i CY� _ All construction equipment shall be maintained in good CP Cn Review of plans A/C 2/4 operating condition so as to reduce operational emissions. 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. Prior to the issuance of any grading permits,developer CPEO C Review of plans C 2 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. All paints and coatings shall meet or exceed CP C Review of plans A/C 2/4 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. All asphalt shall meet or exceed performance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108. All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403. Additionally, contractors shall include the following provisions: 1 of 9 MonitoringMitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for . • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. • Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 • Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of plans A 4 accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adjacent public construction 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., BO C During A 4 wind speeds exceeding 25 mph)in accordance with construction SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other soil- BO C During A 4 stabilizing agent (approved by SCAQMD and Regional construction Water Quality Control Board[RWQCB])daily to reduce PM,o emissions,in accordance with SCAQMD Rule 403. Chemical soil stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel powered equipment where feasible. 2 of 9 Mitigation Measures No. Responsible Monitoring Timing of ActionImplementing . Date/initials Non-Compliance The construction contractor shall ensure that BO C Review of plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equipment when not in use. All industrial and commercial facilities shall post signs BO C Review of plans A 4 requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). All industrial and commercial facilities shall designate CP C Review of plans A/C 2/3 preferential parking for vanpools. All industrial and commercial site tenants with 50 or CP C Review of plans D 2/3 more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. All industrial and commercial site tenants with 50 or CP C Review of plans D 2/3 more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate high-efficiency/low-polluting heating,air conditioning,appliances,and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. Cultural Resources 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 CPEO C Review of report A/D 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. 3 of 9 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif ied Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Consider establishing provisions to require CPEO C Review of report AB 3/4 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 CPEO C Review of report A/D 3/4 archaeological heritage. • Propose mitigation measures and recommend CP/BO C Review of report A/D 3/4 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, CP C Review of report A/D 3/4 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. If any paleontological resource (i.e. plant or animal CP B Review of report A/D 4 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 CP B Review of report A/D 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. 4of9 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Should fossils be found within an area being cleared BO B/C Review of report A/D 4 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 CP D Review of report D 3 documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho CP C Review of report A/D 3/4 Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils The site shall be treated with water or other soil- BO C During A 4 stabilizing agent(approved by SCAQMD and RWQCB) construction daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. Frontage public streets shall be swept according to a BO C During A- 4 schedule established by the City to reduce PM10 construction emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PMjo emissions construction from the site during such episodes. Chemical soil stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PMIO emissions. 5 of 9 Hydrology and Water Quality Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 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. An erosion control plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4 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. During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4 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. The developer shall implement the BMPs identified in CE B/C/D Review of plans A/C 2/4 the Water Quality Management Plan prepared by Thomsen Engineering, July 2005 to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6 of 9 Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 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. Drainage has been directed to landscape areas for CE B/C/D Review of plans A/C 2/4 percolation before pick-up in storm drains. Prior to issuance of building permits,the applicant shall CE B/C/D Review of plans A/C 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (WQMP),including a project description and identifying Best Management Practices (BMPs)that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. Prior to issuance of grading or paving permits,applicant BO B/C/D Review of plans A/C 2/4 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 Exterior:A 6-foot high sound attenuation barrier shall be CP C During A A constructed around the entire perimeter of the pool area construction at hotel. 7of9 Interior: A final acoustical report shall be submitted for CP C During A A City Planner review and approval prior to the issuance of construction building permits. The final report shall discuss the level of interior noise attenuation to below 60 dBA, the building materials and construction techniques required. The building plans will be checked for conformance with the mitigation measures contained in the final report. Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. Construction or grading noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 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. Haul truck deliveries shall not take place between the POGO C During A 40 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction 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. 8 of 9