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HomeMy WebLinkAbout07-37 - Resolutions RESOLUTION NO. 07-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2007-00029, A REQUEST TO CHANGE THE BEAR GULCH MIXED-USE AREA TABLE CONTAINED IN MUNICIPAL CODE SECTION 17.32.020.C.3 TO EXPAND THE RANGE OF DEVELOPMENT IN THE RESIDENTIAL CLASSIFICATION TO 87 PERCENT AND TO ADD THE "MOST CASE"COLUMN FOUND IN THE CORRESPONDING GENERAL PLAN TABLE III-7, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2007-00029, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 27th day of June 2007, 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 June 27, 2007, 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. 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 Development Code 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. This Development Code Amendment does promote the goals and objectives of the Development Code; and C. The proposed Development Code Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and PLANNING COMMISSION RESOLUTION NO. 07-37 DRC2007-00029 —ARBORS AT ROUTE 66, LLC June 27, 2007 Page 2 d. The subject application is consistent with the objectives of the Development Code; and e. The proposed Development Code 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 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, 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: 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. 07-37 DRC2007-00029 —ARBORS AT ROUTE 66, LLC June 27, 2007 Page 3 2) Prior to the 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 401,402 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 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])dailyto 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. PLANNING COMMISSION RESOLUTION NO. 07-37 DRC2007-00029 —ARBORS AT ROUTE 66, LLC June 27, 2007 Page 4 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. 16) Use of Zero-VOC paints (assumes no more than 100 grams/liter of VOC)such as those listed by the SCAOMD of Super-Compliant Architectural Coating Manufacturers. Biological Resources 1) A Tree Removal Permit must be approved that provides for the replacement of the 12 on a 1:1 ratio basis with no fewer than two California Sycamores (Platanus Racemosa) placed in a prominent location in the project. 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. PLANNING COMMISSION RESOLUTION NO. 07-37 DRC2007-00029 —ARBORS AT ROUTE 66, LLC June 27, 2007 Page 5 • 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 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 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. PLANNING COMMISSION RESOLUTION NO. 07-37 DRC2007-00029 —ARBORS AT ROUTE 66, LLC June 27, 2007 Page 6 4) 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. Hydrology and Water Quality Construction Activities: 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. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (W QMP)prepared by Fuscoe Engineering on July 3, 2006,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 PLANNING COMMISSION RESOLUTION NO. 07-37 DRC2007-00029 —ARBORS AT ROUTE 66, LLC June 27, 2007 Page 7 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, applicant shall obtain a Notice of Intent (NO[) 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. 1) Construct a 5-foot high barrier for Lots (Units) 7 through 10 and Lots (Units) 72 through 92 facing Foothill Boulevard and Grove Avenue. 2) Construct a 5-foot high second floor balcony noise barrier for Lots(Units)88 and 89 facing Foothill Boulevard. Interior., 3) Provide a "windows closed" condition requiring a means of mechanical ventilation for all homes. 4) Provide standard dual-glazed windows with a Sound Transmission Class(STC) rating of 26 or higher for all units and homes facing Grove Avenue and Foothill Boulevard. 5) To minimize the potential interior noise impacts, lots (units) facing Foothill Boulevard should be provided with weather-stripped solid core exterior doors, and exterior wall/roof assemblies should be free of cut outs and openings. 6) 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. 7) 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. 8) The perimeter block wall shall be constructed as early as possible in first phase. PLANNING COMMISSION RESOLUTION NO. 07-37 DRC2007-00029 —ARBORS AT ROUTE 66, LLC June 27, 2007 Page 8 9) 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 27TH DAY OF JUNE 2007 PLANNING COMM ION OF THE CITY OF RANCHO CUCAMONGA BY: am Stew , Chairman ATTEST: R Jam R. Troyer, AICP, Secreta 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 27th day of June 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, .MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: DRC2006-00223, DRC2006-00341, DRC2006-00350, DRC2007-00029, SUBTT18179 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 bythe 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 DRC2006-00223, DRC2006-00341, DRC2006-00350, DRC2007-00029, SUBTT18179 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 Department. The Department 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. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC2006-00223, DRC2006-00341, DRC2006-00350, DRC2007-00029, SUBTT18179 Applicant: Arbors at Route 66 LLC Initial Study Prepared by: Vance Pomeroy, Contract Planner Date: May 21, 2007 ResponsibleMitigation Measures No. of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance Air Quality All construction equipment shall be maintained in good CP C Review of plans A/C 2/4 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. Prior to the issuance of any grading permits, the CP/BO C Review of plans C 2 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. 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 401, 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. 1 of 9 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • 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 BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (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. 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. 2 of 9 MonitoringMitigation Measures No. Responsible . Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 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. Use of Zero-VOC paints (assumes no more than 100 BO C/D Review of Plans C 2/4 grams/liter of VOC) such as those listed by the SCAOMD of Super-Compliant Architectural Coating Manufacturers. Biological'Resources A Tree Removal Permit must be approved that provides CP B/C/D Review of Plans A/C 2/4 for the replacement of the 12 trees on a 1:1 ratio basis with no fewer than two California Sycamores (Platanus Racemosa)placed in a prominent location in the project. 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: 3 of 9 Mitigation Measures No. Responsible of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Enact interim measures to protect undesignated CP/BO 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. • Consider establishing provisions to require CP/BO C Review of report A/D 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 CP/BO 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: 4of9 Mitigation Measures No. Responsible Monitoring Timing of of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • 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. 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 a summary report to the City of Rancho CP D Review of report D 3 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 BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction RWQCB)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 PM,o 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 PM,o emissions construction from the site during such episodes. 5 of 9 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 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. 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 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. During construction, temporary berms such as 60 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. 6 of 9 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance The developer shall implement the BMPs identified in CE B/C/D Review of plans A/C 2/4 the Water Quality Management Plan (WQMP)prepared by Fuscoe Engineering on July 3, 2006, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 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. 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 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. Prior to issuance of grading or paving permits, the BO B/C/D Review of plans A/C 2/4 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 Construct a 5-foot high barrier for Lots (Units)7 through BO B/C Review of plans C 2/4 10 and Lots (Units) 72 through 92 facing Foothill Boulevard and Grove Avenue. 7 of 9 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Construct a 5-foot high second floor balcony noise BO B/C Review of plans C 2/4 barrier for Lots (Units) 88 and 89 facing Foothill Boulevard. Provide a"windows closed"condition requiring a means BO B/C Review of plans C 2/4 of mechanical ventilation for all homes. Provide standard dual-glazed windows with a Sound BO B/C Review of plans C 2/4 Transmission Class (STC) rating of 26 or higher for all units and homes facing Grove Avenue and Foothill Boulevard. To minimize the potential interior noise impacts, lots BO B/C Review of plans C 2/4 (units)facing Foothill Boulevard should be provided with weather-stripped solid core exterior doors, and exterior wall/roof assemblies should be free of cut outs and openings. 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. The perimeter block wall shall be constructed as early CP C During A A as possible in the first phase. construction 8 of 9 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification . . Date/initials Non-Compliance Haul truck deliveries shall not take place between the PO/BO C During A 4/7 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. Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP 7-Citation 9 of 9 ORDINANCE NO. AN ORDINANCE OF 'THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00029, A REQUEST TO CHANGE THE BEAR GULCH MIXED-USE AREA TABLE CONTAINED IN MUNICIPAL CODE SECTION 17.32.020.C.3 TO EXPAND THE RANGE OF DEVELOPMENT IN THE RESIDENTIAL CLASSIFICATION TO 87 PERCENT AND TO ADD THE "MOST CASE" COLUMN FOUND IN THE CORRESPONDING GENERAL PLAN TABLE III-7, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On June 27, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 07-37, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 2. On 2007, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code Amendment. 3. 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: SECTION 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. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on 2007, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The proposed Development Code Amendment does not conflict with the Land Use Policies of the General Plan; and b. The proposed Development Code Amendment is confined to within the City of Rancho Cucamonga; and C. The application would promote the goals and policies found within the Development Code; and d. The subject Development Code Amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 21080.17 of the Public Resource Code and Section 15282(i) of Division 6 Title 14 of the California Code of Regulation. CITY COUNCIL ORDINANCE NO. DRC2007-00029 —ARBORS AT ROUTE 66, LLC Page 2 SECTION 3: Municipal Code Section 17.32.020.C.3 is hereby amended to change information contained within the table thereunder in words and figures, as shown in the attached Exhibit A. SECTION 4: 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. SECTION 5: 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. Exhibit A TABLE III-7 WESTERN FOOTHILL CORRIDOR —WESTERN GATEWAY • Acreage Range • Average Density Estimated Percent (du/acre) "Most Case" Land Use Range . Dwelling Units (du/acre) Commercial - retail, service 50%to 70% 27.5 to 38.5 acres 38.5 acres Commercial - tourist commercial; office commercial andprofessional) Residential 30%to 50% 16.5 to 27.5 acres @ 16.5 acres @ 14 du/acre' 14 du/acre' 231 to 385 dwelling units 231 dwelling units TOTALS 100 percent 55 acres 55 acres ' Indicates target density not a range. Actual density may increase up to 20,du/acre as long as the total of 231 dwelling units is not exceeded.