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HomeMy WebLinkAbout08-02 - Resolutions RESOLUTION NO. 08-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2006-00580 — A REQUEST TO CONSTRUCT A COMMERCIAL CENTER CONSISTING OF AN AUTO SERVICE COURT (2,900 SQUARE FOOT GAS STATION WITH CONVENIENCE STORE AND CARWASH)AND A FAST FOOD RESTAURANT OF 1,800 SQUARE FEET ON 2.07 ACRES OF LAND IN THE GENERAL INDUSTRIAL(GI) DISTRICT, SUBAREA 8, LOCATED AT THE SOUTHEAST CORNER OF ARROW ROUTE AND ETIWANDAAVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-141-10 and -11. A. Recitals. 1. Mark Sater filed an application for the issuance of Conditional Use Permit DRC2006-00580, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 12th day of December 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application, which was continued to the January 9, 2008, public hearing. 3. On the 9th day of January 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly re-noticed public hearing on said application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 9, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to two parcels of land located at the southeast corner of Arrow Route and Etiwanda Avenue,with a combined area of about 90,663 square feet(2.07 acres) and a street frontage along Etiwanda Avenue of about 300 feet and a street frontage along Arrow Route of about 300 feet; and b. A part of the project site is developed with a building of about 11,000 square feet located on the south parcel of the project site. The remainder of the project site is vacant; and C. To the north of the subject site, is the Victoria Woods apartment complex; to the south is a vehicle and materials storage yard and office; to the east it is vacant; and to the west is the storage yard for Ameron, Inc., a concrete pipe manufacturer; and PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580— MARK SATER January 9, 2008 Page 2 d. The zoning of the properties to the north is Medium (M) Residential. The zoning of the properties to the south and east is General Industrial (GI) District, Subarea 8. The zoning of the properties to the west is Heavy Industrial (HI) District, Subarea 15; and e. The applicant proposes to construct a 2,900 square foot convenience store with a gas station canopy and a mechanized car wash on the north parcel, while on the south parcel the applicant proposes to demolish the existing structure and replace it with a 1,800 square foot fast food restaurant with a drive-thru; and f. The convenience store, gas station, and carwash will be operated by ARCO. The store and gas station will operate 24 hours everyday while the carwash will operate between 7:00 a.m. and 8:00 p.m. everyday. No automotive repair or storage is proposed with this use; g. The applicant's proposal includes a Type 20 Alcoholic Beverage Control (ABC) License to sell at the convenience store pre-packaged beer and wine for off-site consumption; and h. The fast food restaurant is undetermined at this time with no tenant specified; i. The project is required to provide 43 parking stalls which have been provided; and j. The proposed project site is not near any "sensitive" land uses and staff has determined that any negative effects on them will be minimal. "Sensitive" land uses, of the type specified, that are the closest to the project site are: • School: West Heritage Elementary School, about 1.3 miles to the northeast in Fontana; • Church: Sacred Heart Church, 12704 Foothill Boulevard, about 0.6 mile to the northwest; • Gas station/convenience store: Chevron, 12659 Foothill Boulevard, about 0.5 mile to the northwest; • Park: Rancho Cucamonga Adult Sports Complex, about 1.25 mile to the west. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed development is in accord with the General Plan,the objectives of the Development Code, and the purposes of the district in which the site is located. The proposed project is to construct a convenience store, gas station, car wash, and fast food restaurant. These uses are permitted with a Conditional Use Permit in the General Industrial (GI) District, Subarea 8. The underlying General Plan designation is General Industrial. b. The proposed development,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 proposed land use is consistent with the existing land use and the expectations of the community. The property to the north is zoned residential with habitable structures about 250 feet from the nearest proposed structure (the gas station canopy). The surrounding properties to the, south, east, and west are zoned industrial. Any noise-related impacts PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580— MARK SATER January 9, 2008 Page 3 caused by the uses on the site will be minimized by the fact that the car wash is located on the south side of the convenience store and will only operate between 7:00 a.m. and 8:00 p.m. Also,the fast food restaurant drive thru speaker box will be at the south side of the site. The site itself will be further screened by extensive landscaping and earthen berms along both Etiwanda Avenue and Arrow Route. C. The proposed development complies with each of the applicable provisions of the Development Code. The proposed development meets all standards outlined in the Development Code and the design and development standards and policies of the Planning Commission and the City. 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580 — MARK SATER January 9, 2008 Page 4 Planning Department 1) Approval is for the construction and operation of an auto service court consisting of a gas station with a carwash, a convenience store with a Type 20 Alcoholic Beverage Control (ABC) License that will permit the sale of packaged beer and wine for off-site consumption, and a fast food restaurant in the General Industrial (GI) District, Subarea 8, located at the southeast corner of Arrow Route and Etiwanda Avenue— APN: 0229-141-10 and -11. 2) The convenience store and gas station are permitted to operate 24 hours a day everyday. The hours of operation for the car wash shall be limited to between 7:00 a.m. to 8:00 p.m. everyday. 3) The fast food restaurant shall operate between 8:00 a.m. and 10:00 p.m. Sunday through Thursday, and 8:00 a.m. and 11:00 p.m. Friday and Saturday. Revisions to the hours of operation are subject to the review of the Conditional Use Permit and approval by the Planning Director, 4) The sale of beer and wine from the convenience store shall be prohibited between 2:00 a.m. and 7:00 a.m. everyday. 5) A maximum of 50 percent of the cabinets shown on the Floor Plan (Staff Report, Exhibit F) shall be devoted to the display of beer and wine. No portion of the floor area of the sales floor shall be used to display beer and wine. 6) Single unit sales, i.e. sales of single cans/bottles of beer shall be prohibited. 7) Revisions to the hours of operation of the activities/operations as noted above are subject to the review of the Conditional Use Permit and approval by the Planning Director. 8) This Conditional Use Permit shall be reviewed within 6 months following the commencement of business operations for compliance with all Special and Standard Conditions, and applicable City operational standards including, but not limited to, noise levels and site maintenance. 9) The storage of materials, equipment, and waste shall be entirely within the buildings. The repair and/or storage of vehicles on-site shall not be permitted. 10) The approved uses shall operate in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. If the operation of the businesses causes adverse effects upon the neighboring properties, the Conditional Use Permit may be reviewed by the Planning Commission/Planning Director for consideration and modification of the use. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580 — MARK SATER January 9, 2008 Page 5 11) Any modification or intensification of the uses, including a change in operating hours, addition or relocation of equipment or the addition of services, shall require review and approval by the Planning Commission/Planning Director. 12) Shared access, parking, and maintenance shall be incorporated in the project Covenants, Conditions, and Restrictions (CC&Rs). 13) Downspouts shall not be visible from the exterior on any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 14) All walls, including retaining walls, visible to the public shall be decorative masonry. Decorative means slump stone, split-face, or stucco. 15) The trash enclosure shall be surrounded with dense shrub plantings. 16) All ground-mounted equipment such as fire detector checks, backflow devices, and electricity transformers shall be screened with 2 rows of 5-gallon shrubs spaced a minimum of 18 inches on center. All devices shall be painted dark green or equivalent. 17) All overhead trellises shall have cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches. The beams of all overhead trellises shall have the same detail cuts and finishes. 18) Provide trim moldings or similar embellishments around all windows and doors. The trim molding shall be painted to match the color of the parapet cornice. 19) One-way vision glass shall be used on the windows at the carwash. 20) All trellises shall be painted to match the color of the parapet cornice. 21) The trim that 'caps' the river rock veneer on all structures shall be constructed of concrete for durability. 22) The undulating berms along the street frontages within the landscape setback and landscape areas shall have a maximum height of at least 3 feet. 23) The landscaping along the street frontages and the northwest corner of , the site shall be enhanced as specified by the Design Review Committee including an increased variety and quantity of plants and trees. 24) The landscaping shall be installed prior to the release of the buildings for occupancy. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580— MARK SATER January 9, 2008 Page 6 25) Add climbing vines along the perimeter wrought iron fencing. 26) The Uniform Sign Program is conceptually approved. The applicant shall submit a formal application and fee for review and approval by the Planning Director prior to the submittal of any applications for sign permits. All signs shall require review and approval of a Sign Permit application by the Planning Director prior to installation. Engineering Department 1) Etiwanda Avenue frontage improvements to be in accordance with City "Major Arterial" street Standards, with a 72-foot"mid-block" pavement width and 100-foot right-of-way. a) Additional widening is required at the intersection to accommodate dual left-turn lanes and right-turn lanes (northbound). Install, relocate, or otherwise provide all frontage public improvements including the intersection, curb return, relocate traffic signal as required, street pavement to centerline of street, traffic signing and striping, curb and gutter, etc., northbound leg as follows: • East side curb alignment at intersection shall be placed 48 feet from centerline of Etiwanda Avenue. • Widening for northbound Etiwanda at intersection to include installation of dual left-turn lanes (one left-turn lane west of centerline). Northbound lanes; 2 to10 feet left, 2 to 11 feet through, and a 16-foot wide right-turn lane. b) Provide a 4-foot wide property line adjacent sidewalk on Etiwanda Avenue. c) Provide street trees on Etiwanda Avenue in accordance with the Street Tree Requirement Form. d) Provide drive approach in accordance with City Standard No. 101, Type 'C". Near edge of driveway on Etiwanda Avenue shall be a minimum of 200 feet south of the point of curb return at Arrow Route. e) Provide one (1) 16,000 Lumen HPSV street light. f) Provide traffic signing and striping and protect existing traffic signs including R-26(s) and other signs or replace as required. 2) The driveway on Arrow Route shall align with the existing driveway for the condominiums on the north side of the street. Any off set of driveway alignment with the driveway on the north side of the street will create left-turn conflicts which are not acceptable. Obtain off-site PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580— MARK SATER January 9, 2008 Page 7 shared access easement from the adjacent property owner to construct the driveway in direct alignment with the north side driveway. 3) Bus shelter shall be located outside the Public right-of-way; contact the Planning Department for its design and maintenance requirements. Also, contact Omni Trans for additional bus shelter and bus bench design requirements. 4) Provide shared access easement over Etiwanda Avenue driveway in favor of the property to the south. 5) Arrow Route frontage improvements to be in accordance with City "Major Arterial" and Special Boulevard standards, with a 72-foot pavement width and 100-foot right-of-way and including, but not limited to, the following: a) Additional widening is required at intersections to accommodate a bus bay/right-turn lane (eastbound). • Provide dual left-turn lanes westbound at Etiwanda Avenue approximately 210 feet long. Each 12 feet wide and one divided equally across the street centerline (6 feet north side and 6 feet south side). • Provide a left-turn lane to serve the Arrow Route main ingress/egress and for the apartment complex across the street. • Provide a combined bus bay/right-turn lane at the southeast corner of Arrow Route/Etiwanda Avenue in accordance with City Standard 119. Start the transition as close to the intersection ECR as possible. b) Provide curb and gutter, street trees, and remove and replace asphalt pavement to centerline of street. c) Provide a 4-foot wide curvilinear sidewalk with a 6-foot wide curb adjacent sidewalk along the bus bay portion. d) Provide two (2) 16,000 Lumen HPSV street lights, as required. 6) Protect all traffic signal equipment. Relocate, adjust to grade or replace as required. 7) Dedication on Etiwanda Avenue shall be made for the rights-of-way (measured from street centerline): a) 60 total feet on Etiwanda Avenue. b) Sidewalks shall cross drive approaches at the zero curb face. If needed, provide sidewalk easements to accomplish this. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580 — MARK SATER January 9, 2008 Page 8 8) Dedication on Arrow Route shall be made for the rights-of-way (measured from street centerline): a) 50 total feet on Arrow Route b) Provide at least 7 feet of right-of-way, measured from curb face, along the bus bay/right-turn lane in accordance with City Standard Plan No. 119. c) Additional dedication may be needed for dual left-turn at intersection and left-turn lane mid-block. d) Sidewalks shall cross drive approaches at the zero curb face. Provide easements as needed for public sidewalk to meander and cross drive approaches. 9) The corner property line cutoffs shall be dedicated per City Standards. 10) Complete a lot merger to combine the two separate parcels into one, prior to obtaining a building permit. 11) Development is within area 10 or 11 of the attached Etiwanda/San Savaine Drainage Policy. Developments of less than 5 acres will not be required to construct the storm drain facilities specified for area 10 developments. Area 10 developments of less than 5 acres and area 11 developments will, however, show that they are protected from possible flooding and if necessary, construct any and all local, interim and ultimate facilities needed to protect itself. Also, pay the Etiwanda/San Sevaine Master Plan Drainage Fee(s). 12) Provide a Water Quality Management Plan(WQMP),to the satisfaction of the City Engineer, and identify applicable Best Management Practices (BMPs) on the grading plan. a) Maintenance of BMPs identified in the WQMP shall be addressed in the project CC&Rs. 13) Provide a clear"Line-of-Sight' design for all project driveways, on the grading and landscape plans in accordance with City policy. 14) All street parkways shall slope at 2 percent from top-of-curb to 1 foot beyond the sidewalk along all street frontages. 15) Provide a final drainage report that addresses the following: a) Regional Mainline Channel improvements by the San Bernardino County Flood Control District are planned, including the combined Etiwanda/San Sevaine area shown on page 6 of the attached "Etiwanda/San Sevaine Area Drainage Policy." However, the improvements may not be completed until 2008. If development of this site occurs prior to completion of the channel PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580 — MARK SATER January 9, 2008 Page 9 improvements, both on-site and frontage street improvements will have to be designed for an interim condition which includes a possible 100-year storm in Arrow Route and the existing floodway to the east property. b) Development must prove that, in the interim condition, it will be protected from upstream flows and proposed improvements will not affect adjacent properties by altering the base flood elevation. c) For the ultimate condition, it will be necessary to demonstrate how flows from the site will be conveyed to Master Plan System 10 or 11 (see page 13 of Etiwanda/San Sevaine Area Drainage Policy). This system involves replacing the existing unimproved channel to the east of this property with a storm drain that has laterals in Arrow Route, street, and drainage improvements shall be designed accordingly. d) The Grading Plan suggests that the site is draining to Etiwanda Avenue which serves Area 11. Determine whether additional developed flows can be accommodated by Area 11 facilities. e) Determine the downstream impacts of developing this site in the ultimate condition. Indicate where local storm drains will be needed per the following criteria: • Local drainage facilities (to convey at least Q25) are required whenever the Q10 water surface fails to leave a 10-foot wide dry lane in the center of a Local or Collector street or a 20-foot dry lane on Arrow Route. • The Q25 water surface shall not exceed the top-of-curb (Q50 in sump conditions) and the Q100 water surface shall not exceed the right-of-way on any street. • Discuss whether off-site street improvements are needed to contain ultimate Q100 on Arrow Route or Etiwanda Avenue. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, 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 PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580— MARK SATER January 9, 2008 Page 10 the project. The contractors shall also conform to any construction measures imposed bythe South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB])daily to reduce Fine Particulate Matter(PM10) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580 — MARK SATER January 9, 2008 Page 11 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. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580 — MARK SATER January 9, 2008 Page 12 • 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 summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2)• Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580— MARK SATER January 9, 2008 Page 13 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water Quality 1) Prior to issuance of Grading Permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) Applicant shall implement additional Best Management Practices as outlined in the Water Quality Management Plan prepared by David R. Mellor of C&M Design Concept on February 2007. 6) The irrigation system shall be electronically controlled and set for optimum water timing. 7) Food preparation areas shall have all sinks piped with sanitary sewer connections. No sinks will be permitted outside of the buildings. 8) The vehicle wash tunnel is required to drain to a 1,500 gallon clarifier and grease trap. The clarifier discharges to the City sewer and clean water is reclaimed for future wash requirements. 9) No outdoor storage. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580— MARK SATER January 9, 2008 Page 14 10) The motor fuel-dispensing area shall be concrete. The fuel-dispensing surface shall be sloped to prevent drainage flow either through or from the fuel-dispensing area. Concrete surfacing extends 6 1/2 feet beyond the corner of each dispenser in any direction. 11) All motor fuel concrete dispensing areas are to have a canopy structure overhanging the entire motor fuel concrete dispensing area. 12) Catch basins shall be stenciled "No Dumping — Drains to Ocean." 13) Inlet trash racks shall be provided where drainage from open areas enters storm drains. 14) Water quality inlets designed to remove free phase liquid petroleum compounds, grease,floatable debris, and settable solids shall be used in relation to the underground catch basin. Post-Construction Operational: 15) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by David R. Mellor of C&M Design . Concept on February 2007, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 16) 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. 17) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 18) Prior to issuance of Grading or Paving Permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. PLANNING COMMISSION RESOLUTION NO. 08-02 DRC2006-00580 — MARK SATER January 9, 2008 Page 15 Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) 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 the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2008. PLANNIN MISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam ew rt, Chairman ATTEST: � - J�n�)-A) James R royer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of January 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: DRC2006-00580 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures . may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program DRC2006-00580 - Mark Sater Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5, All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC2006-00580 Applicant: Mark Sater Initial Study Prepared by: Rina Leung Date: July 11, 2007 ResponsibleMitigation Measures No. Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Air Quality 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. 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 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. 1 of 10 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 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: • 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 [RWQCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 2of10 MonitoringMitigation Measures No. Responsible of Method of Verified Sanctions for 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. 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. 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. 3of10 Mitigation Measures No./ Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Cultural Resources If any prehistoric archaeological resources are encountered before or during grading,the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated 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 PD/BO C Review of report A/D 3/4 archaeological heritage of the area. 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 CEQA 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. 4 of 10 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance If any paleontological resource (i.e. plant or animal PD B Review of report A/D 4 fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: Assign a paleontological monitor, trained and 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 BSC 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 The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAOMD and construction RWQCB)daily to reduce PM,o emissions,in accordance with SCAQMD Rule 403. 5of10 Mitigation Measures No. Responsible . . of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM10 construction emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM10 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,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. 6 of 10 Mitigation Measures No./ Responsible Monitoring Timing of of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4 cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. The irrigation system shall be electronically controlled PD B/C Review of plans B/D 2/4 and set for optimum water timing. Food preparation areas shall have all sinks piped with BO B/C Review of plans B/D 2/4 sanitary sewer connections. No sinks will be permitted outside of the buildings. The vehicle wash tunnel is required to drain to a BO/PD B/C/D Review of plans A/C 2/3/4/6 1,500 gallon clarifier and grease trap. The clarifier discharges to the city sever and clean water is reclaimed for future wash requirements. No outdoor storage. BO/PD B/C/D/E Throughout A 6 The motor fuel-dispensing area shall be concrete. The BO B/C/D Review of plans A/C 2/3 fuel dispensing surface shall be sloped to prevent drainage flow either through or from the fuel dispensing area. Concrete surfacing extends 6 1/2 feet beyond the corner of each dispenser in any direction. All motor fuel concrete dispensing areas are to have a BO B/C/D Review of plans A/C 2/3 canopy structure overhanging the entire motor fuel concrete dispensing area. Catch basins shall be stenciled"No Dumping—Drains to BO B/D During A/C 2/3 Ocean." construction Inlet trash racks shall be provided where drainage from BO/PD B/C/D Review of plans A/C 2/3 open areas enters storm drains. 7 of 10 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Water quality inlets designed to remove free phase liquid petroleum compounds, grease, floatable debris, and settable solids shall be used in relation to the underground catch basin. The developer shall implement the BMPs identified in CE B/C/D Review of plans A/C 2/4 the Water Quality Management Plan prepared by David R. Mellor of C&M Design Concept February 2, 2007,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 Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs)that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8 of 10 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 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 underthe NPDES General Construction Permit. Noise 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 construction 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. 9of10 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Haul truck deliveries shall not take place between the POW 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 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 10 of 10 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2006-00580 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: MARK SATER LOCATION: SOUTHEAST CORNER OF ARROW ROUTE AND ETIWANDA AVENUE; APN: 0229-141-10 AND 11 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 08-02, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 b) Notice of Determination - $50 c) Mitigated Negative Declaration - $ 1,926.75 X d) Environmental Impact Report - $2,656.35 SC-1-05 1 1:\PLANNING\FINAL\PLNGC0MW\2008 Res&Stf rep\DRC2006-00580SWCond 1-9.doc Project No. DRC2006-00580 Completion Date B. Time Limits 1. Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height,and method of shielding so as not to adversely affect adjacent properties. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 10. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. 11. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements,special street posting, phone listing for community concerns,hours of construction activity, dust control measures, and security fencing. 12. W here rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured products. 2 IAPLANNINGTINAUPLNGCOMM\2007 Res&Stf Rpt\DRC2006-00580StdCond 12-12.doc Project No.DRC2006-00580 Completion Date D. Commercial Centers 1. Provide for the following design features in each trash enclosure, to the satisfaction of the Planning Director: a. Architecturally integrated into the design of (the shopping center/the project). b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. C. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 2. Graffiti shall be removed within 72 hours. 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 4. Signs shall be conveniently posted for"no overnight parking" and for "employee parking only." 5. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 d6 during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing,or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 6. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers,exposed aggregate,integral color concrete,or anycombination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits. 7. The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 8. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the Planning Director prior to the issuance of building permits. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. 3 I:\PLANNINGTINAL\PLNGCOMM\2007 Res 8 Stf Rpt\DRC2006-00580StdCond 12-12.doc Project No.DRC2006-00580 Completion Date 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, and exits shall be striped per City standards. 4. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall; whichever is greater; of the total number of stalls for use by the handicapped. 5. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. G. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces,whichever is greater. After the first 50 bicycle storage spaces are provided,additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 2. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other non-residential development. 3. Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided. Bus shelters shall also include a bench, a trash receptacle, and an adjoining bike rack (minimum 3 capacity)on a concrete pad. Bus shelter shall be located outside public right-of-way and shall be privately maintained. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within commercial and office projects, shall be specimen size trees -24-inch box or larger. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 4 1APLANNING\RNAL\PLNGCOMM\2007 Res&Stf Rpt\DRC2006-00580StdCond 12-12.doc Project No. DRC2006-00580 Completion Date 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 5. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Arrow Route and Etiwanda Avenue. 6. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 7. All walls shall be provided with decorative treatment. If located in public maintenance areas,the _/_/_ design shall be coordinated with the Engineering Department. 8. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. I. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of$538 prior to the issuance of building permits,guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT,(909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and 5 I:\PLANNING\FINAL\PLNGC0MM\2007 Res&Stf RpAORC2006-00580SWCond 12-12.doc Project No. DRC2006-00580 Completion Date g. Planning Department Project Number (i.e., DRC2006-00580) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number(i.e., DRC2006-00580). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee,Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. . 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 6. Upon tenant improvement plan check submittal, additional requirements may be needed. 6 I:\PLANNINGTINAL\PLNGCOMM\2007 Res&Stf Rpt\DRC2006-00580StdCond 12-12.doc Project No. DRC2006-00580 Completion Date N. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped,and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 60 total feet on Etiwanda Avenue 50 total feet on Arrow Route 2. Corner property line cutoffs shall be dedicated per City Standards. 3. Additional street right-of-way shall be dedicated along right turn lanes,to provide a minimum of 7 feet measured from the face of curbs. P. Street Improvements 1. Pursuant to City Council Resolution No.88-557,no person shall make connections from a source of energy,fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council,except:that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 7 I:\PLANNING\FINAL\PLNGC0MM12007 Res& Stf RpADRC2006-00580StdCond 12-12.doc Project No. DRC2006-00580 Completion Date 2. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Etiwanda Avenue X X X X X (f) Arrow Route X, X X X X (e) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Bus bay/right-turn lane (f) Right-turn lane 3. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements,prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Pavement striping, marking,traffic signing,street name signing,traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No. 6 at intersections and No.5 along streets,a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 8 (:\PLANNING\FINAL\PLNGC0MM\2007 Res& Sit Rpt\DRC2006-00580StdCond 12-12.doc Project No. DRC2006-00580 Completion Date 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size oty. Arrow Route Ginkgo Biloba'Fairmont' Maindenhair Tree 5' 25'0.C. 24"Box Fill Formal on in alternating side of meandering walk Etiwanda Avenue Geijera parviflora Austailian Willow 5' 20'0.C. 15 Gal Construction Notes for Street Trees: 11 All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting,an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Q. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan for Arrow Route. R. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the.City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. S. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 9 lAPLANNING\FINAL\PLNGC0MM\2007 Res&Stf Rpt\DRC2006-00580StdCond 12-12.doc Project No. DRC2006-00580 Completion Date 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,andthe Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. T. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of building permits. 2. An easement for a joint use driveway shall be provided prior to final map approval or issuance of building permits, whichever occurs first, for: Arrow Route Access 3. Etiwanda/San Sevaine Area Regional Mainline,Secondary Regional,and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 4. A non-refundable deposit shall be paid to the City,covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 5. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. 6. Prior to approval of the final map, or prior to improvement agreement approval if no map is involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the Engineering Division on a compact disc (CD) in Auto CAD (computer aided design) format. If public improvement plans are completed after map approval,the CD shall be submitted prior to issuance of a construction permit for frontage improvements or a building permit, whichever occurs first. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: U. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 10 1APLANNING\FINAL\PLNGC0MM\2007 Res&St1 Rpt\DRC2006-00580StdCond 12-12.doc Project No. DRC2006-00580 Completion Date 3. Lighting in exterior areas shall be in vandal-resistant fixtures. V. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. 3. All roof openings giving access to the building shall be secured with either iron bars,metal gates, or alarmed. W. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. 2. Security glazing is recommended on storefront windows to resist window smashes and impede entry to burglars. X. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and hall b4 reflective for nighttime visibility. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be a minimum of three feet in length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. Y. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriff's dispatch number: (909) 941-1488. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 11 I:\PLANNINGTINAOPLNGCOMM\2007 Res&Stf Rpt\DRC2006-00580StdCond 12-12.doc ,ate Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS May 24, 2007 AM/PM 12925 Arrow Fuel Station/Convenience Store/Fast Food Restaurant DRC2006-00580 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonga.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300- feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required fire flow for this project is 2000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until the public water plans are approved. 5. On all site plans to be.,submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 7,500 square feet. 2. Assembly and Educational Occupancy Buildings. 3. "All structures that do not meet Fire District access requirements (see Fire Access). 4. When required fire flow cannot be provided due to inadequate volume or pressure. 5. When buildings do not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard 9-7 6. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. Based on the number of sprinkler heads; the sprinkler system is required to monitored by a listed central station fire alarm system. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Lanes Standard 9-7 1. Location of Access: All portions of the structures 1 s' story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. c. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. Access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for$20.00. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 8. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. 3 c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-9b. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Dry Cleaning Plants • Repair Garages • Flammable and Combustible Liquids • Hazardous Materials • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases FSC-11 Hazardous Materials—Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. 4 FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard 9-8. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. 5 PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San 6 Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 Yz" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 7 - City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Conditional Use Permit DRC2006-00580 Public Review Period Closes: December 12, 2007 Project Name: Project Applicant: Mark Sater Project Location (also see attached map): Located at 12925 Arrow Route (southeast corner of Arrow Route and Etiwanda Avenue —APN: 0229-141-11 and 0229-141-10. Project Description: An application to construct two buildings, a 2,900 square foot gas station convenience store with a carwash tunnel and a 1,800 square foot fast food restaurant with a drive-thru, on 1.75 acre of land in the General Industrial District (Subarea 8). FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. January 9, 2008 Date of Determination Kdopted