HomeMy WebLinkAbout07-46 - Resolutions RESOLUTION NO. 07-46
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL APPROVE DENSITY BONUS AGREEMENT (ALSO
REFERRED TO AS HOUSING INCENTIVE ' AGREEMENT)
DRC2007-00119, TO IMPLEMENT DEVELOPMENT REVIEW
DRC2006-00540, ALLOWING A DENSITY BONUS AND MODIFYING
SPECIFIC DEVELOPMENT STANDARDS FOR THE CONSTRUCTION
OF 225 WORKFORCE APARTMENT UNITS ON VACANT PROPERTY
IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS
PER ACRE), LOCATED AT 13233 FOOTHILL BOULEVARD, IN THE
AREA BETWEEN THE ETIWANDA SAN SEVAINE FLOOD CONTROL
CHANNEL ON THE EAST, AND THE SOUTHERN CALIFORNIA
EDISON TRANSMISSION CORRIDOR ON THE WEST -
APN: 0229-041-10;AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Pitassi Architects, Inc., on behalf of Northtown Housing Corporation,filed an application
for Density Bonus Agreement DRC2007-00119, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Density Bonus Agreement is referred to as "the
application."
2. On July 25, 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. The subject property of the Density Bonus Agreement is legally described herein.
4. A true and correct copy of the proposed Density Bonus Agreement is attached as
Exhibit"A".
5. 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 July 25, 2007, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to approximately 12.87 acres of the property located on the
south side of Foothill Boulevard between the Etiwanda San Sevaine Flood Control Channel on the
east, and the Southern California Edison Transmission Corridor on the west, and is presently
unimproved; and
b. The properties to the north are undeveloped commercial properties and the
Southern California Edison (SCE) utility corridor in the General Commercial and Open Space zone,
and to the south is undeveloped land in the Low-Medium Residential (4-8 dwelling units per acre)
PLANNING COMMISSION RESOLUTION NO. 07-46
DRC2007-00119— NORTHTOWN HOUSING CORPORATION
July 25, 2007
Page 2
District of the Etiwanda Specific Plan. On the east side of the site is the San Sevaine Flood Control
Channel and single-family residential uses in the City of Fontana. To the immediate west are SCE
Transmission Lines in the Open Space zone and further west is a single-family residential tract in
the Low Density Residential (2-5 dwelling units per acre) District; and
C. The application to which the Density Bonus Agreement applies contemplates the
construction of 225 workforce housing units and associated improvements, on 12.87 acres of land
at the above described location which are permitted within the Medium residential zoning district;
and
d. The design of the new units is a contemporary interpretation of the Tuscan
architectural style,featuring fully tiled roofs, trimmed out windows and door openings, and walls clad
in stucco and accented with fully grouted faux stone veneer typically associated with the proposed
style. On July 25, 2007, the Planning Commission approved the project contingent upon City
Council approval of the Density Bonus Agreement; and
e. The Agreement proposes a 25 percent(45 units)density increase and modification
of certain development standards for the construction of said workforce apartment units pursuant to
California Government Code Sections 65915-65918 and Development Code Chapter 17.40.
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 the proposed project to which the Density Bonus Agreement is associated
with is consistent with the objectives of the General Plan in that, if approved,the project will advance
the goal of providing affordable housing units for families within the community; and
b. That the proposed workforce apartment community and associated improvements
are designed in accord with the objectives of the Development Code and the purposes of the district
in which the site is located, in that the new apartment community will be an attractive apartment
complex that will improve the current visual quality of the area and be consistent with the quality of
new projects under construction in the nearby area; and
C. That the proposed workforce units will be in compliance with each of the applicable
provisions of the Development Code as modified for specific standards by the subject Density
Bonus Agreement associated with this project; 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. The development of the apartment community at the subject location
will have independent access to and from a major street, have secured boundaries, be constructed
of durable exterior materials, and will provide adequate on-site parking and recreational amenities to
support the residents. Moreover, the project is associated with public infrastructure improvement
adjacent to the site that will result in an overall improvement to the appearance of the street in this
gateway area of the City.
4. A Mitigated Negative Declaration has been prepared for the project to which the
Affordable Housing Incentive Agreement applies, is in compliance with the California Environmental
Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder;that said
PLANNING COMMISSION RESOLUTION NO. 07-46
DRC2007-00119— NORTHTOWN HOUSING CORPORATION
July 25, 2007
Page 3
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.
5. This Commission hereby recommends approval of the Density Bonus Agreement
attached to this Resolution.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF JULY 2007.
PLANNING.- MMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: f/1 Y�v �/lJ
Pam t art, Chairman
ATTEST: A' gJ,46)
-
Jam R. Troyer, AICP, Secfetary
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 25th day of July 2007, by the following vote-to-wit:
AYES: COMMISSIONERS: HOWDYSHELL, FLETCHER, MUNOZ, STEWART, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn:
APN: 0229-041-10
Exempt from recording fees pursuant to Govt. Cod. Sec. 27383
(Space above for recorder's use)
DENSITY BONUS AGREEMENT
This AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into as of
2007,by and between the CITY OF RANCHO CUCAMONGA, a municipal
corporation(the "City"), and NORTHTOWN HOUSING DEVELOPMENT CORPORATION, a
California nonprofit public benefit corporation(the"Developer"), with reference to the following
facts:
A. The Rancho Cucamonga City Council has adopted a Density Bonus Ordinance
(Ordinance No. 749 on November 2, 2005, codified in Rancho Cucamonga Municipal Code
Chapter 17.40) (the "Ordinance") to conform with State Density Bonus Law (Government Code
Sections 65915 and 65917), which allows a density bonus for the provision of housing affordable
to very low income, lower income, moderate income, and senior households.
B. Developer is the owner of certain real property in the City of Rancho Cucamonga,
California described in Exhibit A attached hereto and incorporated herein by this reference (the
"Property").
C. Developer has received a discretionary approval from the City to construct a total
of two hundred twenty-five(225) residential rental units known as San Sevaine Villas (the
"Development") on the Property. Pursuant to the Ordinance and Government Code 65915,the
Developer has requested that the City grant Owner for the Development a density bonus of forty-
five (45) units (the "Density Bonus") and the following modifications to building separation and
set back requirements (collectively, the "Concessions"):
• Reduction of building to curb setback from twenty-five feet (25') to
twenty feet(20') in five locations in the Development as shown on the attached Exhibit B
(Conceptual Site Plan).
• Reduction of building to property line setback from thirty feet(30') to
twenty feet(20') in one location in the Development as shown on the attached Exhibit B
(Conceptual Site Plan).
11244-0001\976247v2.doc
t NKwer A
• Reduction of minimum building to building separation from forty feet
(40')to twenty feet (20') for a 3-story building to 3-story building separation and from thirty feet
(30') to seventeen feet (17') for a 3-story building to 2-story building separation in the two
locations shown on the attached Exhibit B (Conceptual Site Plan).
In exchange, the Owner shall provide at the Development fifty-six(56) units which will be
affordable and rented to Moderate Income Households, and seventy-four(74)units which will be
affordable and rented to Very Low Income Households and thirty-six (36)units which will be
affordable and rented to Extremely Low Income Households, all as have particularly set forth in
that certain Regulatory Agreement between the Developer and the Rancho Cucamonga
Redevelopment Agency(the"Agency") dated November 9, 2005; which was recorded on
November 30, 2005 as Document No. 2005-0857344 in the Official Records of San Bernardino
County, California(the "Regulatory Agreement"). The Owner shall provide an additional fifty-
nine(59) units which will be affordable and rented to Low Income tenants for a term of 55-years,
subject to a regulatory agreement under the State Tax Credit Allocation program, (collectively
the "Affordable Units").
NOW, THEREFORE, in consideration of the benefits received by the Developer and the
City, the Developer and City agree as follows:
Section 1. Definitions. Capitalized terms used herein but not defined shall have the
meanings ascribed thereto in the Regulatory Agreement. In addition to those terms defined in
the Recitals, the following terms are specially defined in this Agreement:
(a) "Affordable Rent"means the maximum total charge for a Unit permitted
by Section 2.4 of the Regulatory Agreement.
(b) "Affordable Units" is defined in Recital C.
(c) "Property"is defined in Recital B.
Section 2. Grant of Density Bonus and Concessions. In consideration for the
Affordable Units being provided at the Development, and consistent with the Ordinance and the
State Density Bonus Law, the City hereby grants the Developer the Density Bonus and the
Concessions (as described in Recital C) for the Development.
Section 3. Satisfaction of Ordinance Obligation and Conditions of Approval. The
requirements of the Ordinance shall be satisfied with respect to the Property if the Developer
complies with the Regulatory Agreement, the Loan Agreement between the Developer and the
Agency dated September 1, 2005 (the "Loan Agreement") and the documents described in the
Loan Agreement (the "Other Loan Documents").
Section 4. Marketing and Rental of Affordable Units. Developer shall comply with
any and all applicable fair housing laws in the marketing and rental of the Affordable Units.
Developer shall accept as tenants, on the same basis as all other prospective tenants persons who
are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing
housing program under Section 8 of the United States Housing Act, or its successor.
2
11244-0001\976247v2.doc
Section 5. Default and Remedies. Upon a default by Developer which is not cured
after any applicable notice and expiration form applicable cure period expressly described in the
Regulatory Agreement, Loan Agreement or Other Loan Documents, the City may terminate this
Agreement, and the City may exercise any and all other remedies available to it at law, in equity,
under the Regulatory Agreement, the Loan Agreement or any loan documents described in the
Loan Agreement.
Section 6. Remedies Cumulative. No right, power, or remedy given to the City by
the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and
each and every such right,power, or remedy shall be cumulative and in addition to every other
right,power, or remedy given to the City by the terms of any such document, the Ordinance, or
by any statute or otherwise against Developer and any other person.
Section 7. Attorneys Fees and Costs. The City shall be entitled to receive from the
Developer or any person violating the requirements of this Agreement, in addition to any remedy
otherwise available under this Agreement or at law or equity, whether or not litigation is
instituted, the costs of enforcing this Agreement, including without limitation reasonable
attorneys' fees.
Section 8. Hold Harmless and Indemnification. Developer will indemnify and hold
harmless City and its elected officials, officers, employees, and agents in their official capacity
(the"Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage
(including expense) sustained or incurred because of or by reason of any and all claims,
demands, suits, actions,judgments and executions for damages of any and every kind and by
whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any
manner to this Agreement. The provisions of this Section shall survive expiration or other
termination of this Agreement.
Section 9. Notices. All notices required pursuant to this Agreement shall be in
writing and may be given by personal delivery or by registered or certified mail,return receipt
requested, to the party to receive such notice at the addresses set forth below:
TO THE CITY:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn:
TO THE DEVELOPER:
Northtown Housing Development Corporation
8599 Haven Avenue, Suite 205
Rancho Cucamonga, CA 91730
Attn: Executive Director
Any party may change the address to which notices are to be sent by notifying the other parties
of the new address, in the manner set forth above.
3
11244-0001\976247v2.doc
Section 10. Integrated Agreement. This Agreement and the documents referred to in
this Agreement constitute the entire Agreement between the parties with respect to the subject
matter thereof.
Section 11. Amendment of Agreement. This Agreement may be amended only upon
the written consent of the City and the Developer.
Section 12. No Joint Venture or Partnership. Nothing contained in this Agreement or
any document executed pursuant to this Agreement shall be construed as creating a joint venture
or partnership between City and Developer.
Section 13. Applicable Law and Venue. This Agreement shall be governed by
California law. Venue for any dispute arising out of this Agreement shall be San Bernardino
County.
Section 14. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City
to take action on any breach or default of Developer or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Developer to perform any
obligation under this Agreement shall not operate as a waiver or release from any of its
obligations under this Agreement. Consent by the City to any act or omission by Developer shall
not be construed to be a consent to any other or subsequent act or omission or to waive the
requirement for the City's written consent to future waivers.
Section 15. Title of Parts and Sections. Any titles of the sections or subsections of this
Agreement are inserted for convenience of reference only and shall be disregarded in interpreting
any part of the Agreement's provisions.
Section 16. Multiple Originals; Counterparts. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 17. Recording of Agreement. The Parties shall cause this Agreement to be
recorded against the Property, in the Official Records of the County of San Bernardino.
Section 18. Severability. In the event any limitation, condition, restriction, covenant,
or provision contained in this Agreement is to be held invalid, void or unenforceable by any
court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or
unenforceable pursuant to any California statute which became effective after the effective date
of this Agreement, the remaining portions of this Agreement shall nevertheless remain in full
force and effect.
Section 19. Exhibits. The following exhibits are attached to this Agreement;
Exhibit A Legal Description of the Property
Exhibit B Conceptual Site Plan
4
11244-0001\976247v2.do
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year first above written.
DEVELOPER: CITY:
NORTHTOWN HOUSING CITY OF RANCHO CUCAMONGA,
DEVELOPMENT CORPORATION, a a municipal corporation
California nonprofit public benefit corporation
By:
Its:
By:
Antonio I. Gracia, Executive Director
5
11244-0001\976247v2.doc
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On , 20_, before me,
Notary Public in and for the State of California, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On , 201 before me,
Notary Public in and for the State of California,personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal)
11244-0001\976247v2.doc
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A-1
11244-0001\976247v2.doc
Exhibit A
Property Description
ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 1 900TH, RANGE 6
WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BMDMRDINO, BTATE OF
CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY, LYING EAST OF THB WEST LINE OF THAT
CERTAIN EASEMENT CONVEYED BY SANTA PE LAND X14PROVEMETT COMPANY TO SOUTHERN
CALIFORNIA EDISON COMPANY, IN DEED DATED OCTOBER 14, 1940, AND RECORDED OCTOBER
28, 1940, IN BOOT 1441 OF OFFICIAL RECORDS, PAGE 66.
EXCEPT THAT PORTION THEREOF DESCRIBED A8 HOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 2/4 OF SECTION 9, TOWNSHIP -I
SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN;
THENCE SOUTH 00" 30' 15" WEST 65 0.11 FEET TO THE TRUE POINT OF BEGINNING;
THENCE 'SOUTH 89. 23' 35" WEST 1071.37 FEST;
THENCE NORTH 21" 16' 02" EAST 646.6 FEET;
THENCE SOUTH 89' -23' 35" WEST 269.40 FEET;
THENCE SOUTH 21. 16', 027 WEST 2758.36 FEET; '
THENCE NORTH 89. 23' 40" EAST 2089.40 FEET;
.THENCE NORTH 00. 30' IS" EAST 1959.80 FEST, TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPT THEREFROM ALL OIL, GAB AND OTHER HYDROCARBON AHD MINERAL SUBSTANCES
(EXCEPT WATER) LYING NOT LESS THAN 100 FEET BELOW THE SURFACE OF SAID REAL,
PROPERTY, AS EXCEPTED AND RESERVED IN THE DEED FROM SANTA PE LAND IMPROVEMENT
COMPANY, A CORPORATION, TO OLIVER A. JOW80N AND CRYSTAL M. JOHNSON, HUSBAND AND.
WIFE, A8 JOINT TENANTS, DATED MAY 22, 1946 Alm RECORDED JUNE 7, 1146, A8
INSTRONSNT N0. 65, IN BOOK 1890 OF OFFICIAL RECORDS, PAGE 49L, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, WHICH RECITES:
"PROVIDED THAT THE FIRST PARTY, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE:THE
RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF
EXTRACTING, AND REMOVING ANY OF OUCH RESERVED SUBSTANCES, OR FOR ANY OTHER
PURPOSES".
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Ev,htbif- " B " A. REDUCE BUILDING TO CURB SETBACK
(from 25' to 20')
Conceptual Site Plan DBHA Application B. REDUCE BUILDING TO PROPERTY LINE SETBACK
(from 30' to 20*)
San Sevaine Villas C. REDUCE MINIMUM BUILDING TO BUILDING SEPERATION
(from 40' at 3-story-to-3-story to 20'; and from 30' at
3-sto ry-to.2-story to 17')
City of Rancho Cucamonga
MITIGATION MONITORING
PROGRAM
Project File No.: Development Review DRC2006-00540 and Housing Incentive Agreement
D RC2007-001 19
This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation
measures identified in the Mitigated Negative Declaration for the above-listed project. This program
has been prepared in compliance with State law to ensure that adopted mitigation measures are
implemented (Section 21081.6 of the Public Resources Code).
Program Components - This MMP contains the following elements:
1. Conditions of approval that act as impact mitigation measures are recorded with the action and
the procedure necessary to ensure compliance. The mitigation measure conditions of approval
are contained in the adopted Resolution of Approval for the project.
2. A procedure of compliance and verification has been outlined for each action necessary. This
procedure designates who will take action, what action will be taken and when, and to whom
and when compliance will be reported.
3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring
progresses, changes to compliance procedures may be necessary based upon
recommendations by those responsible for the program.
Program Management - The MMP will be in-place through all phases of the project. The project
planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project
planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly
and proper action is taken on each mitigation. Each City department shall ensure compliance of the
conditions (mitigation) that relate to that department.
Procedures - The following steps will be followed by the City of Rancho Cucamonga.
1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in
performing monitoring or reporting programs shall be charged to the applicant.
2. A MMP Reporting Form will be prepared for each potentially significant impact and its
corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached
hereto. This procedure designates who will take action,what action will be taken and when,and
to whom and when compliance will be reported. All monitoring and reporting documentation will
be kept in the project file with the department having the original authority for processing the
project. Reports will be available from the City upon request at the following address:
City of Rancho Cucamonga - Lead Agency
(Planning Department)
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Mitigation Monitoring Program
DRC2006-00540 and DRC2007-00119
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 Planning Director prior to the issuance
of building permits.
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: DRC2006-00540 and DRC2007-00119 Applicant: SAN SEVAINE VILLAS
Initial Study Prepared by: MICHAEL DIAZ, SENIOR PLANNER Date: JULY 25, 2007
Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
All construction equipment shall be maintained in good PD C 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 man ufactu rers'specifications. Maintenance records
shall be available at the construction site for City
verification.
Prior to the issuance of any grading permits, the PD/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 PD 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:
1of11
Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification
Date
• 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 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 [RWQCBj) daily
to reduce 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.
2 of 11
Mitigation Measures No.
Responsible
Implementing Action for Monitoring Frequency Verification Verification 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 PD C Review of plans A/C 2/3
preferential parking for vanpools.
All industrial and commercial site tenants with 50 or PD 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 PD 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.
Biological Resources,.
Prior to the removal of any Riversidean Alluvial Fan PD B Review of plans B 2
Sage Scrub(RAFSS)habitat from the site,the applicant
shall submit evidence of compliance with the
requirements of California Department of Fish and
Game (CDFG) including approved mitigation for the
removal the extant RAFSS habitat from the site.
Prior to the removal of any Riversidean Alluvial Fan PD B Review of plans B 2
Sage Scrub(RAFSS) habitat from the site,the applicant
shall submit evidence of compliance with the
requirements of California Department of Fish and
Game (CDFG) including approved mitigation for the
removal the extant RAFSS habitat from the site.
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Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification
Date/initials Non-Compliance
Prior to the issuance of grading and building permits for PD B Review of plans B 2
the project, the applicant shall submit evidence of
compliance with the requirements of California
Department of Fish and Game(CDFG)and the Regional
Water Quality Control Board, for the removal and/or
alteration of on site riparian habitat within the jurisdiction
of the abovementioned resource agency..
Prior to the issuance of grading and building permits for PD B Review of plans B 2
the project, the applicant shall submit evidence of
compliance with the requirements of the Army Corps of
Engineers (ACOE),for the removal and/or alteration of
on site wetland waters.
Prior to the removal of any on site heritage trees as PD B Review of plans C 2
define by the Rancho Cucamonga Tree Preservation
Ordinance,the applicant shall apply for and comply with
the provisions of said Ordinance including approval of a
Tree Removal Permit.
Prior to any on-site grading/construction activity or the PD g Review of plans D 2
removal of trees for which a Tree Removal Permit has
been issued, the applicant shall perform a pre-
construction tree/nest survey to determine whether
active bird nests are present. Study shall be performed
no more than 30-days prior to construction activity and
be made available to the Planning Director for City
verification.
Prior to any on-site grading/construction activity on-site PD B Review of plans D 2
grading/construction, the applicant shall perform a
pre-construction nest survey to determine whether active
Burrowing Owl nests are present. Study shall be
performed no more than 30-days prior to construction
activity and be made available to the Planning Director
for City verification.
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Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Cultural Resources .,
Prior to issuance of grading permit, the developer shall
retain a qualified archeologist to prepare an
archeological resources assessment. 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 PD/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 PD/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 PD/BO C Review of report A/D 3/4
archaeological heritage.
Propose mitigation measures and recommend PD/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 CEOA
guidelines.
• Prepare a technical resources management report, PD 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.
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Mitigation Measures No.
Responsible
Implementing Action for Monitoring Frequency Verification Verif!cation Date/initials Non-Compliance
Prior to issuance of grading permit, the developer shall PD B Review of report A/D 4
retain a qualified paleontologist archeologist to prepare
paleontological resources assessment. 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 PD 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 PD 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 PD D Review of report D 3
Cucamonga. Transfer collected specimens with a
copy to the report to San Bernardino County
Museum.
Geology and soils' ,'
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Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
The site shall be treated with water or other BO C During A 4
soil-stabilizing agent (approved by SCAQMD and construction
RW QCB)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.
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,p emissions.
Hydrol6g y,andWat6r 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.
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Mitigation Measures No.
Responsible . . of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
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 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.
Insert other specific BMPs from WQMP CE B/C/D Review of plans A/C 2/4
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 Dan Guerra &Associates (April 12, 2006) to reduce
pollutants after construction entering the storm drain
system to the maximum extent practical.
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Mitigation Measures No.
Responsible ,
Implementing Action for Monitoring Frequency Verification Verification Date finitials Non-Compliance
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 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 W OMP 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:, w.;
9of11
Mitigation Measures No.
Responsible g of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance
Prior to issuance of Building Permits,the applicant shall PD/BO B/ Review of plans C 2/3
submit to the Planning Director and Building Official for
review and approval, building plans that demonstrate
compliance with the noise attenuation recommendations
of the acoustical engineer as contained in the Acoustical
Analysis prepared by Gordon Bricken & Associates
(September 2006), and on file with the Planning
Department.
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.
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 PD C During A A
as possible in the first phase. construction
10 of 11
Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date finitials Non-Compliance
Haul truck deliveries shall not take place between the PO/BO C During A 417
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
PD- Planning Director 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
i:\planning\f inal\cega\m mch klst-rev12-4-06f inal.doc
11 of 11
- City of Rancho Cucamonga
MITIGATED NEGATIVE DECLARATION
The following Negative Declaration is being circulated for public review in accordance with the
California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code.
Project File No.: DESIGN REVIEW DRC2006-00540 AND DENSITY BONUS AGREEMENT(ALSO
REFERRED TO HOUSING INCENTIVE AGREEMENT) DRC2007-00119-PITASSI ARCHITECTS
Public Review Period Closes: July 25, 2007
Project Name: Project Applicant: Nacho Gracia, Executive Director
Northtown Housing Development Corp.
8599 Haven Avenue, Suite 205
Rancho Cucamonga, CA 91730
Project Location(also see attached map): Located in the Medium Residential District(14-24 units
per acre) 13233 Foothill Boulevard, in the area between the Etiwanda San Sevaine Flood Control
Channel on the east, and the Southern California Edison Transmission Corridor on the west. -
APN: 0229-041-10.
Project Description: A request to develop 225 workforce apartment units on 12.87 acres of land
and a review of a proposed Density Bonus Agreement ( also referred to as Housing Incentive
Agreement) to implement Development Review DRC2006-00540 allowing a density bonus and
modifying specific development standards for the construction of 225 workforce apartment units on
vacant property.
FINDING
This is to advise that the City of Rancho Cucamonga,acting as the lead agency, has conducted an
Initial Study to determine if the project may have a significant effect on the environment and is
proposing this Mitigated Negative Declaration based upon the following finding:
The Initial Study indicates that there is no substantial evidence that the project may have a significant
effect on the environment.
If adopted, the Negative Declaration means that an Environmental Impact Report will not be
required. The factual and analytical basis for this finding is included in the attached Initial Study.
The project file and all related documents are available for review at the City of Rancho
Cucamonga Planning Department at 10500 Civic Center Drive(909)477-2750 or Fax(909)477-2847.
NOTICE
The public is invited to comment on the proposed Mitigated Negative Declaration during the review
period.
July 25, 2007 tom)
Date of Determination opted