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HomeMy WebLinkAbout08-06 - Resolutions RESOLUTION NO. 08-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE RANCHO WORKFORCE HOUSING PROJECT, AND ADOPTING FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING DEVELOPMENT REVIEW DRC2006-00633, A REQUEST TO DEVELOP A 166-UNIT APARTMENT COMPLEX ON 10.5 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN CENTER AVENUE AND HERMOSA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-601-02, 03, AND 04. A. Recitals. 1. Rancho Workforce Housing filed an application for the approval of Development Review DRC2006-00633, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 23rd day of January and continued to the 13th day of February 2008, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced hearing on January 23 and continued to February 13, 2008, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located on the north side of Foothill Boulevard between Center Avenue and Hermosa Avenue, with a Foothill Boulevard street frontage of 662 feet and a Center Avenue street frontage of 307 feet, and is presently improved with a commercial use (Espinoza Tire) and two-single family residences; and b. The property to the north of the subject site is designated Low Residential and is developed with existing single-family residences. The property to the west is designated Community Commercial and is developed with commercial uses (Shop& Go, Twins Club, and Route 66 Memories). The property to the east is designated Community Commercial and Industrial Park and is developed with a restaurant (The Whole Enchilada)and industrial uses. The property to the south is designated Commercial Office and is developed with restaurant, day care, and office uses; and C. The proposed use,together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and d. The applicant proposed the development of 166 workforce apartment units and a community recreational building center. The project also provides on-site parking and recreational amenities including a PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633— RANCHO WORKFORCE HOUSING February 13, 2008 Page 2 swimming pool, half basketball court, tot-lot, picnic tables and BBQ grilles, and two large(100 feet by 50 feet) lawn areas for open play; and e. The proposed density of 15.75 dwelling units per acre is consistent with the development standards of the Foothill Boulevard District density range for the Mixed Use District, which permits Multiple-Family Residential developments up to 20 dwelling units per acre; and f. The design of the new units is a contemporary interpretation of the Spanish/Mediterranean architectural style. The exterior design elements for the new apartment units include fully tiled roofs,trimmed out windows and door openings, and walls clad in stucco and accented with fully grouted faux stone veneer. Moreover, landscaping and recreational amenities are well distributed around the site. 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting 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 project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code; and d. The proposed use,together with the conditions applicable thereto,will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. The Planning Commission makes the following findings under the requirements of the California Environmental Quality Act: a. Pursuant to Section 15063 of the State Guidelines for Implementation of CEQA, 14 California Code of Regulations§15000, et seq. (the"Guidelines"), the City prepared an Initial Environmental Study(the"Initial Study')for the Project. The Initial Study concluded that there was substantial evidence that the Project might have a significant environmental impact on several specifically identified resources, including air quality, noise, and traffic. Pursuant to Guidelines 15064 and 15081, and based upon information contained in the Initial Study, the City ordered the preparation of an environmental impact report ("EIR") for the Rancho Workforce Housing Project. On October 1, 2007, the City prepared and sent a Notice of Preparation of the EIR to responsible,trustee, and other interested agencies and persons in accordance with Guidelines Section 15082(a) for a 30-day review period. The City circulated the Draft EIR to the public and other interested parties for a 45-day review period from November 15, 2007 through December 31, 2007, consistent with the 45-day public comment period required by Guidelines Section 15087(c) and 15105. During this public comment period, the City received six(6)written comment letters regarding the adequacy of the Draft EIR. The City also received an additional two(2) letters after the 45-day review period, for a total of eight (8)written comment letters. The City prepared written responses to all the comment letters received on the Draft EIR in accordance with Public Resources Code § 21092.5 and Guideline 15088. . b. The Planning Commission is the decision-making bodyfor Development.Review application DRC2006-00633 for the Rancho Workforce Housing Project. For purposes of making its determination of the application, the Planning Commission has received and reviewed the Final Environmental Impact Report ("FEIR")for the Rancho Workforce Housing Project along with the oral and written testimony received thereon during the hearing prior to any action on the Project. Based on that review, the Planning Commission hereby PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633 — RANCHO WORKFORCE HOUSING February 13, 2008 Page 3 certifies that the FEIR was completed pursuant to the California Environmental Quality Act, Public Resources Code §21000, et seq. ("CEQA"), and the Guidelines, and that it adequately addresses the impacts and provides for appropriate mitigation measures for the Development Review application DRC2006-00633, General Plan Amendment DRC2006-00635, Development District Amendment DRC2006-00634, and all other approvals necessary to carry out the Rancho Workforce Housing Project. The Planning Commission further finds that that the modifications to the FEIR that have been made since circulation of the DEIR,do not constitute the addition of new significant information to the FEIR within the meaning of CEQA Guidelines Section 15088.5. C. The Planning Commission finds that based on the FEIR, additional public comments, and the written and oral staff report, that the Project will not cause significant environmental impacts except with respect to interior noise level impacts, short-term construction noise impacts, long-term operational noise impacts, cumulative noise impacts, and traffic impacts with regard to opening year 2009 with commercial conditions, residential conditions, and entire project(commercial and residential) conditions. With respect to all of these potentially significant impacted areas and resources, the FEIR identifies feasible mitigation measures for each impact that reduce the level of impact to less than significant. d. In response to each significant impact identified in the FEIR, and listed in Section 4.b. of this Resolution, changes or alterations are hereby required in, or incorporated into the Project, which avoid the impacts identified. The specific changes and alterations required are contained in Exhibit A to this resolution, which is hereby incorporated by reference. The mitigation measures set forth in the Mitigation Monitoring Program, contained in Appendix F of the FEIR, avoid or substantially lessen the potential significant impacts of the Project. The Planning Commission finds that the mitigation measures and Mitigation Monitoring Program will avoid or mitigate all significant environmental effects of the Project. e. The Planning Commission finds that the FEIR describes a reasonable range of alternatives to the Project that might fulfill the basic objectives of the Project. These alternatives include the required no project alternative, the reduced intensity alternative, the all residential portion of the project alternative, and the off-site location alternative. The alternatives identified in the FEIR are not feasible, as fully articulated in Exhibit A to this resolution, because they would not achieve the basic objectives of the Project or would do so only to a much lesser degree, and therefore leave unaddressed significant social and economic goals the Project was designed to achieve, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the significant adverse environmental impacts of the proposed Project. Accordingly, and for the reasons set forth herein,the Planning Commission finds that each of the alternatives is determined to be infeasible. f. The Planning Commission further finds that the Mitigation Monitoring Program has been completed in compliance with CEQA. The Planning Commission hereby adopts each of the mitigation measures set forth in the FEIR and incorporates those measures into the Project. The Planning Commission also adopts the"Mitigation Monitoring Program"contained in Appendix F of the FEIR and incorporated herein by reference. The Mitigation Monitoring Program will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval. g. The custodian of records for the FEIR, the 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 Paragraph 4 above,this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633 — RANCHO WORKFORCE HOUSING February 13, 2008 Page 4 attached hereto and incorporated herein by this reference. Planning Department 1) Final approval of Development Review DRC2006-00633 shall be contingent upon subsequent City Council approval of the associated General Plan Amendment (DRC2006-00635) and Development District Amendment (DRC2006-00634). 2) This approval is for the site plan, grading plan, exterior building design, and landscaping for a 166-unit multi-family workforce complex and associated site improvements as described in this report and depicted on approved plans on-file with the Planning Department. 3) The 166-unit multi-family housing complex is located in a proposed Mixed Use (MU) Foothill Boulevard District (Subarea 3) and was designed to comply with the Medium Residential development standards, utilizing the Affordable Housing Incentives/Density Bonus Provisions. The Affordable Housing Incentives/Density Bonus Provisions applicable to this project include: a) A reduction in the Foothill Boulevard building setback from 55 feet to 47 feet. This setback reduction is applicable to Building A located on the east side of the Foothill Boulevard driveway. b) An increase in the maximum building height from 35 feet to 37 feet. This wall height increase is applicable to the 3-story buildings. c) An increase in the maximum wall height for a combination garden/retaining wall from 6 feet to 9.5 feet. Maximum wall height is measured from the mid-point of the retaining wall to the top of the garden wall. This wall height increase is applicable to the wall along the west project boundary. d) A project density of 15.75 dwelling units per acre, representing a 12.5 percent density increase above the Medium Residential District density range. 4) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. 5) The design and height of decorative metal fences, gates, railings, and perimeter walls shall be submitted for final Planning Director review and approval during plan check. All decorative exterior metal elements shall be finished with high quality powder coat paint and properly maintained by the property owner in good condition at all times thereafter. 6) Primary daily pedestrian and vehicle access to the site shall be from Foothill Boulevard via the main entry gate nearest the Community Building. The use of the vehicle access gate on Center Avenue shall be limited to resident and emergency vehicles/responders only. 7) On-site structures (e.g., buildings, garages, fences,walls, gates, exterior lights, recreation equipment, etc.) and facilities (including parking lots) within the complex shall be maintained in good and presentable condition at all times. Any damaged areas shall be promptly repaired and restored to original PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633 — RANCHO WORKFORCE HOUSING February 13, 2008 Page 5 condition/appearance to the greatest extent possible. All graffiti shall be promptly removed when discovered by on-site management or as notified by the City of Rancho Cucamonga. Engineering Department 1) Foothill Boulevard frontage improvements are to be in accordance with City "Major Divided Arterial" standards including curb and gutter, a.c. pavement, sidewalk, 16,000 Lumens HPSV street lights, street trees,drive approach,traffic signs, and striping: a) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Visual Improvement Plan including street lights. This designates a "Suburban Parkway Enhancement Area" featuring colored pavement emblazoned with the Route 66 logo, special sidewalk treatment, artwork and a historic post and a cable roadway safety barrier. Said enhancement area shall be maintained by the developer and shall be included in the CC&R's. A portion of Foothill Boulevard median island including landscaping and irrigation shall be reconstructed. Revise existing Landscape Maintenance District plans accordingly to reflect the above improvements. b) The proposed gated entrance on Foothill Boulevard shall be in accordance with City's "Residential Project Gated Entrance Design Guide" standard. c) The right-turn lane on Foothill Boulevard shall be per City Standard 119. d) Provide R26(s)"No Stopping"signs along the Foothill Boulevard frontage. e) Provide an easement for sidewalk purposes for the sidewalk located at the back of the main drive,approach entrance. f) No accent paving within the City right-of-way is allowed. g) Driveway is to be in accordance with the City Driveway Policy. 2) Center Avenue frontage improvements are to be in accordance with City "Industrial Local Street" standards including curb and gutter, a.c. pavement, sidewalk, street lights, street trees, traffic signs, and striping: a) The Emergency Exit/Entry and Residential Exit Only drive approach shall be 35 feet wide per City Standard 105-C. 3) In compliance with the Final Environmental Impact Report as modified for Rancho Workforce Housing: a) The developer shall construct a traffic signal at the intersection of Hermosa Avenue and Church Street with Transportation Fee Credit. If the City starts construction of the traffic signal prior to issuance of building permits the developer shall pay the City Transportation Fee in accordance with the number of units in the development. PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633— RANCHO WORKFORCE HOUSING February 13, 2008 Page 6 4) The existing overhead utilities(telecommunications and electrical,except 66 KV) on the project side of Foothill Boulevard shall be undergrounded from the first pole off-site the westerly project boundary to the first pole off-site the easterly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 5) The existing overhead utilities(telecommunications and electrical, except 66 KV) on the project side of Center Avenue shall be undergrounded from the first pole off-site the northerly project boundary to the first pole off-site the southerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. The City shall provide a portion of collected monies from the developer to the east, Parcel Map 15029, paid for as an in-lieu fee for future undergrounding of said overhead utilities. 6) Construct appropriate off-site street improvements from transition to existing. 7) The Water Quality Management Plan ("WQMP") submitted with the tentative map application has been reviewed and found to be substantially complete. Include the Best Management Practices(BMPs)identified in the plan on grading plans when submitted for technical plan check. Environmental Mitigation Air Quality 1) During project construction the construction contractor shall implement the following measures to reduce fugitive dust. a) Revegetate disturbed areas as quickly as possible. b) All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph. c) All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). d) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip. e) All on-site roads shall be paved as soon as feasible, watered periodically or chemically stabilized. f) The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633 — RANCHO WORKFORCE HOUSING February 13, 2008 Page 7 2) The construction contractor shall select the construction equipment used on-site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 3) The construction contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. 4) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 5) The construction contractor shall time the construction activities so as to not interfere with peak-hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. 6) The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. Biological Resources 1) BIO-1. A pre-construction survey for the burrowing owl is required to confirm presence or absence of the species on the proposed project site. The pre-construction survey for the burrowing owl shall be conducted within 30 days prior to the commencement of grading activities. If it is determined that the project site is occupied by this species, Mitigation Measure BIO-2 shall apply. Conversely, if the project site is not occupied, Mitigation Measure BIO-2 shall not be required. 2) BIO-2. Any western burrowing owls identified on site shall be relocated prior to the commencement of grading activities. The relocation of any specimen shall be conducted per applicable California Department of Fish and Game (CDFG) and/or United States Fish and Wildlife Service (USFWS) procedures. Relocation of on-site burrowing owls shall not be permitted during the nesting season for this species. 3) 13I0-3. Any large trees on site shall be removed between September 1 and January 31, outside of the typical nesting season for raptors. If vegetation removal is to take place during the breeding/nesting season (i.e., February 1 through August 31), then pre-construction nest surveys shall be conducted by a qualified biologist to ensure that active nests are protected. The last survey day shall be scheduled three days prior to the start of construction work. If nesting birds are found, a qualified biologist shall be consulted regarding the relocation or extent of the buffer area around those nesting areas. Cultural Resources 1) CUL-1. In the event a cultural resource is uncovered during the course of grading or construction of the project, ground-disturbing activities in the vicinity PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633 — RANCHO WORKFORCE HOUSING February 13, 2008 Page 8 of the find shall be redirected until the nature and extent of the find can be evaluated by a qualified archaeologist(meeting Secretary of Interior Standards). Any such resource uncovered during the course of project-related to grading or construction shall be recorded and/or removed per applicable City and/or State regulations. 2) CUL-2. In the event that paleontological resources are encountered during construction excavation, the project proponent shall halt excavation in the vicinity of the discovery and call a qualified paleontologist to evaluate the significance of the find and make recommendations for further mitigation. Hydrology and Water Quality 1) HYD-1. Prior to the issuance of grading permits for the western approximately five acres, the project applicant shall submit and receive approval from FEMA a Conditional Letter of Map Revision—Fill (CLOMR-F)to remove the property from the 100-year flood zone map. 2) HYD-2. Prior to the issuance of grading permits for the western approximately five acres, the project applicant shall submit to the City of Rancho Cucamonga supporting evidence of compliance with FEMA CLOMR-F specifications and requirements including the discussion and analysis of fill material placement, elevation changes, and hydro-modification impacts. Noise 1) Residential units located within 358 feet of the centerline of Foothill Boulevard shall be equipped with mechanical ventilation, such as an air conditioning system. Second-story balconies or decks on these units with a line-of-sight to Foothill Boulevard would require an additional 6-foot high wall. In addition, any ground-level outdoor uses, such as patios or park/recreation areas with a line-of-sight to Foothill Boulevard and within 358 feet of the centerline of Foothill Boulevard, shall be equipped with a sound wall or sound wall/berm combination with an effective height of 8 feet. 2) Residential units located within 90 feet of the centerline of Center Avenue shall be equipped with mechanical ventilation, such as an air conditioning system. 3) For the possible commercial/retail use on the western 5-acre parcel, delivery truck activity shall be restricted to daytime hours (7:00 a.m.-10:00 p.m.). 4) For the possible restaurant use on the western 5-acre parcel, restaurant deliveries shall be restricted to daytime hours (7:00 a.m.-10:00 p.m.) unless the proposed on-site residences will be equipped with mechanical ventilation, such as an air conditioning system. 5) The construction contractor shall implement the following mitigation measures during project construction. Construction will be limited to the hours of 6:30 a.m. to 8:00 p.m., Monday through Saturday, in accordance with City standards. No construction activities are permitted outside of these hours or on Sundays and federal holidays. 6) The project contractor shall place all stationary construction equipment so that PLANNING COMMISSION RESOLUTION NO. 08-06 DRC2006-00633— RANCHO WORKFORCE HOUSING February 13, 2008 Page 9 emitted noise is directed away from sensitive receptors nearest the project site. 7) The construction contractor shall locate equipment staging in areas along Foothill Boulevard, away from existing residences to create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 8) During all site excavation and grading, the project/construction contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. 9) For any commercial/retail use located directly adjacent to a residential use, delivery truck activity shall be restricted to daytime hours(7:00 a.m.-10:00 p.m.). 10) In the event that the on-site residential uses are constructed and occupied prior to the scheduled demolition of the tire shop, a 6-foot high wall surrounding the tire shop will be required in order to reduce impacts on adjacent residential uses to a less than significant level. Traffic and Circulation 1) The developer shall construct a traffic signal at the intersection of Hermosa Avenue and Church Street with Transportation Fee Credits. In the event that the City begins construction of the traffic signal prior to issuance of building permits, the developer shall pay the City Transportation Fee in accordance with the number of units in the development. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ��'d�w.y^a. Q Richard Fletcher, Vice Chairman ATTEST: .vrv " L. ') Jame R. Troyer, AICP, Se retary 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 13th day of February 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART EXHIBIT A TO RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO. 08-06 Findings and Facts in Support of Findings I. Introduction The California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (the "Guidelines") provide that no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that will occur if a project is approved or carried out unless the public agency makes one or more of the following findings: A. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. B. Such changes or alterations are within the responsibility of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Pursuant to the requirements of CEQA, the Planning Commission of the City of Rancho Cucamonga makes the following environmental findings in connection with the proposed Rancho Workforce Housing Project. These findings are based upon evidence presented in the record of these proceedings, both written and oral, the FEIR and all of its contents, the Comments and Responses to Comments on the FEIR, and staff and consultants' reports presented to the Planning Commission, II. Project Objectives As set forth in the FEIR, the objectives of the project (the "Project Objectives") are as follows: A. Locate development in infill and redevelopment areas that will minimize any potential environmental impacts; B. Provide residential development that is attainable for low and moderate income segments of the community; C. More fully utilize the availability of existing public improvements, thereby providing maximum benefit to the general public; D. Augment the City's economic base by increasing tax-generating retail uses within the City; and 11231-0001\10310540.doc C E. Promote balanced, efficient development that is functional, safe, attractive, and convenient to users, and which will strengthen the local economy. 111. Effects Not Studied in the EIR and Found to Be Insignificant The City of Rancho Cucamonga conducted an Initial study to determine significant effects of the Project. In the course of this evaluation, certain impacts of the Project were found to be less than significant due to the inability of a project of this scope to create such impacts or the absence of project characteristics producing effects of this type. The following issue areas were determined not to be significant for the reasons set forth in the Initial Study, and were not analyzed in the Draft EIR: (A) Aesthetics; (B) Agricultural Resources; (C) Biological Resources, with the exception of those potential impacts noted in Section 4 below; (D) Cultural Resources, with the exception of those potential impacts noted in Section 4 below; (E) Geology and Soils; (F) Hazardous and Hazardous Materials; (G) Hydrology and Water Quality, with the exception of those potential impacts noted in Section 4 below; (H) Land Use and Planning; (1) Mineral Resources; (J) Population and Housing; (K) Public Services; (L) Recreation; and (M) Utilities. IV. Effects Not Studied in the EIR and Found to Be Less Than Significant, and Will Remain Insignificant Through Mitigation A general biological resources assessment/field study was conducted as part of the Initial Study to aid in the determination that the following issue areas would result in a less than significant impact. However, there still remains the potential for a significant impact to result to the following issue areas. As a result, mitigation measures have been incorporated into the Project to ensure any potential impact remains less than significant. A. Biological Resources 1: Burrowing Owl The Project site is located in an urbanized area and has been previously used for agricultural purposes. Because of this, there is a lack of suitable habitat on the Project site and no probability for the occurrence of any sensitive species except with regard to the burrowing owl. Although the probability of the occurrence of the burrowing owl is low, the EIR has identified a mitigation measure to ensure any potential impact remains less than significant. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measures have been imposed to mitigate any potential impacts to less than significant levels: BIO-1: A precondition survey for the burrowing owl is required to confirm presence or absence of the species on.the proposed project site. The pre-construction survey for the burrowing owl shall be conducted within 30 days prior to the commencement of grading activities. If it is determined that the project site is occupied by this species, Mitigation Measure BIO-1 shall apply. Conversely, if the project site is not occupied, Mitigation Measure BIO-2 shall not be required. 2 1123 1-0001\10310540.doc BIO-2: Any western burrowing owls identified on site shall be relocated prior to the commencement of grading activities. The relocation of any specimen shall be conducted per applicable California Department of Fish and Game (CDFG) and/or United States Fish and Wildlife Service (USFWS) procedures. Relocation of on-site burrowing owls shall not be permitted during the nesting season for this species. b.. Facts in Support of Findings Currently, the northwest and center portions of the proposed project site provide marginally suitable habitat for the burrowing owl. Although a Field Study was conducted as part of the Initial Study, a pre-construction survey for the owl is required to confirm the presence or absence of the owl from the site to avoid impacts to any owl(s). Vegetation in these areas is low to moderate in height and interspersed with debris piles, thus providing a potential for owl occupancy. Vegetation within the northeastern portion consists of remnant vineyards, overgrown with ruderal vegetation. This portion of the project site would provide marginally suitable habitat as well, should conditions change (i.e., with vegetation removal). The burrowing owl is a mobile species; therefore, a pre-construction survey is required to ensure no impact to burrowing owls that may occupy the proposed project site. With the implementation of Mitigation Measures BI0-1 and 113I0-2 impacts related to this issue would be reduced to less than significant. 2. Raptors The Project site contains a few large ornamental trees which could be suitable roosting or nesting trees for raptors. During the field survey conducted as part of the biological resources assessment conducted as part of the Initial Study, no nest for raptors were observed. However, because raptors are mobile and there is the possibility that nests may have been established during the period since the Initial Study, there is the potential for a significant impact. With the incorporation of the mitigation measure articulated below, any impact will be reduced to less than significant levels. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measure has been imposed to mitigate any potential impacts to less than significant levels: BIO-3: Any large trees on site shall be removed between September 1 and January 31, outside of the typical nesting season for raptors. If vegetation removal is to take place during the breeding/nesting season (i.e., February 1 through August 31), then pre- construction nest surveys shall be conducted by a qualified biologist to ensure that active nests are protected. The last survey day shall be scheduled three days prior to the start of construction work. If nesting birds are found, a qualified biologist shall be consulted regarding the relocation or extent of the buffer area around those nesting areas. b. Facts in Support of Findings Because any raptor nests in the trees located on the project site may have been established after the Initial Study field survey, there is the potential for a significant impact with regard to raptors. However, with the incorporation of the above identified mitigation 3 11231-0001\10310540.doc measure, any impact will be reduced to a less than significant level. The mitigation measure specifies the pre-construction nest surveys shall be conducted, and that removal of trees shall be limited to the period outside the nesting season for raptors. Further, the mitigation measure requires that a qualified biologist be contacted if raptor nests or nesting birds are located. These measures will ensure a less than significant impact. B. Cultural Resources 1. Archeological Resources There are no known archeological sites or resources recorded on the Project site. Further, through compliance with Senate Bill 18 which requires notification of the Project to potentially affected Native American Tribes, only one Tribe responded indicating that there was no knowledge of any specific cultural or sacred resources on the site. Nevertheless, the potential to uncover an archeological resource may be present. a. Findings Changes or alterations have been required in, or incorporated into, the . project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measure has been imposed to mitigate any potential impacts to less than significant levels: CUL-1: In the event a cultural resources is uncovered during the course of grading or construction of the project, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by a qualified archeologist (meeting Secretary of Interior Standards). Any such resource uncovered during the course of project-related to grading or construction shall be recorded and/or removed per applicable City and/or State regulations. b. Facts in Support of Findings Although the site is located in a developed area where significant ground disturbance has occurred, the potential may still exist to uncover an archeological resource. With the incorporation of the above identified mitigation measure, any impact to an archeological resource will be less than significant. Specifically, if any archeological resource is found, any ground-disturbing activities will be relocated and a qualified archeologist will be consulted. Further, the archeological resource will be recorded and/or removed per City and State regulations. This will ensure that any impact is reduced to a less than significant level. 2. Paleontological Resources The project site is located in an area containing extensive existing development. The development of the existing roadway, curbs, sidewalks, infrastructure, and nearby structures would have required a large amount of ground disturbance that would have likely resulted in the discovery of or destruction of existing paleontological resources. While there have been no paleontological resources recorded within the City and the project area has previously been disturbed, the potential to uncover a paleontological resource may still be present. a. Findings 4 1123 1-000R1031054 1doc Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measure has been imposed to mitigate any potential impacts to less than significant levels: CUL-2: In the event that paleontological resources are encountered during construction excavation, the project proponent shall halt excavation in the vicinity of the discovery and call a qualified paleontologist to evaluate the significance of the find and make recommendations for further mitigation. b. Facts in Support of Findings With the implementation of Mitigation Measure CUL-2, any potential impact on paleontological resources will be less than significant. The measure will ensure that any excavation of the Project site will be halted when paleontological resources are encountered and that a qualified paleontologist be consulted, thereby ensuring a less than significant impact. C. Hydrology and Water Quality 1. Structures Other than Residential in 100-year Flood Hazard Area Because a portion of the Project site is located within a 100-year flood hazard area, and because a small portion of Hermosa Avenue (adjacent to the Project site) is prone to flooding, there is the potential for a significant impact to result. However, with the implementation of the identified mitigation measures, any potential impact will be less than significant. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measures have been imposed to mitigate any potential impacts to less than significant levels: HYD-1: Prior to the issuance of grading permits for the western approximately five acres, the project applicant shall submit and receive approval from the Federal Emergency Management Agency ("FEMA") a Conditional Letter of Map Revision — Fill (CLOMR-F) to remove property from the 100-year flood zone map. HYD —2: Prior to the issuance of grading permits for the western approximately five acres, the project applicant shall submit to the City of Rancho Cucamonga supporting evidence of compliance with FEMA CLOMR-F specifications and requirements including the discussion and analysis of fill material placement, elevation changes, and hydro- modification impacts. b. Facts in Support of Findings The Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMS) identify areas subject to 100-year flooding. An area along Hermosa Avenue is shown within the 100-year flood hazard area on the FIRMS. The conceptual plan for 5 11231-0001V1031054v3.doc the western portion of the project site includes commercial, office space, and a restaurant. The structures associated with the western portion of the project site may fall within the 100-year flood hazard area. Proper storm drainage facilities shall be constructed on the project site as part of the drainage plans to be reviewed and approved by the Building, Official and City Engineer. Implementation of the features and facilities contained in the approved drainage plan will help to ensure that impacts associated with flooding or redirection of flood water flows are less than significant. In addition, with the implementation of Mitigation Measures HYDA and HYD-2, impacts related to this issue would be reduced to less than significant. V. Effects Studied in the EIR and Found to Be Insignificant A. Noise Impacts Certain noise impacts were studied in the EIR and found to be less than significant. Specifically, noise construction associated with groundbourne vibration was determined to be less than significant, as was the potential for the Project to expose people in the Project area to excessive noise levels based on the proximity to an airport. Further, the Project is not anticipated to cause excessive off-site traffic noise impacts. Although these noise impacts were found to be less than significant, other noise impacts, as articulated below, were fou-6d to be significant requiring mitigation. B. Air Quality Impacts Certain air quality impacts were studied in the EIR and also found to be less than significant. Specifically: (1) the proposed Project is consistent with the most recent Air Quality Management Plan; (2) the Project will have a less than significant impact with regard to construction emissions, with the exception of fugitive dust articulated below; (3) the Project will have a less than significant impact with regard to operational emissions; (4) the proposed Project will have a less than significant impact with regard to exposing sensitive receptors to pollutant concentrations from architectural coatings; (5) the proposed Project will not impose short-term health risk impacts on sensitive receptors; and (6) the proposed Project will not create objectionable odors. VI. Effects Studied in the EIR But Which Have the Potential to Become Significant, But Will Remain Insignificant Through Mitigation A. Air Quality 1. Fugitive Dust Emissions The proposed Project is not anticipated to have a significant impact with regard to construction related fugitive dust emissions. Nevertheless, to ensure this impact remains less than significant, mitigation measures have been identified. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measures have been imposed to mitigate any potential impacts to less than significant levels: 6 11231-0001\10310540.doc 4.1.1A During project 'construction the construction contractor shall implement the following measures to reduce fugitive dust. (A) 'Revegetate disturbed areas as quickly as. possible. (B) All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph. (C) All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). (D) Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip. (E) All on-site roads shall be paved as soon as feasible, watered periodically or chemically stabilized. (F) The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. 4.1.18 The construction contractor shall select the construction equipment used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 4.1.1C The construction contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. 4.1.111) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4.1.1 E The construction contractor shall time the construction activities so as to not interfere with peak-hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. 4.1.1F The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew. b. Facts in Support of Findings 7 11231-0001\I031054v3.doc Fugitive dust emissions are generally associated with land clearing and exposure of soils to the air and wind, and cut-and-fill grading operations. Dust generated during construction varies substantially on a project-by-project basis, depending on the level of activity, the specific operations, and weather conditions at the time of construction. The project is required to comply with regional rules that assist in reducing short-term air pollutant emissions. South Coast Air Quality Management District ("SCAQMD") Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques from Rule 403 are summarized below. Implementation of these dust suppression techniques can reduce the fugitive dust generation (and thus the PM10 component). Compliance with these rules would reduce impacts on nearby sensitive receptors. The following are the applicable Rule 403 Measures: • Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least twice daily. (Locations where grading is to occur will be thoroughly watered prior to earthmoving). • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard in accordance with the requirements of California Vehicle Code (CVC) section 23114 (freeboard means vertical space between the top of the load and top of the trailer). • Pave construction access roads at least 100 feet onto the site from the main road. • Traffic speeds on all unpaved roads shall be reduced to 15 mph or less. Additional dust suppression measures in the SCAQMD CEQA Air Quality Handbook are included as Mitigation Measures 4.1.1A through 4.1.1F to ensure that impacts remain less than significant. In sum, through compliance with Rule 402 and 403 as well as the additional measures incorporated as mitigation measures, this impact will be less than significant. VII. Effects Studied in the EIR and Found to be Significant, But Reduced to a Level of Insignificance Through Mitigation The following impacts were analyzed in the EIR and found to be significant. However, with the implementation of the identified mitigation measures, these impacts will be reduced to a level of insignificance. The Planning Commission finds that the feasible mitigation measures for the Project identified in the Final EIR (and below) would reduce the Project's impacts to a less than significant level. A. Noise 8 11231-0001\1031054v3.doc 1. Interior Noise Levels The analysis in the EIR demonstrates that construction of the proposed project would result in noise levels at the on-site proposed residences exceeding the maximum noise level allowed. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measures have been imposed to mitigate any potential impacts to less than significant levels: 4.2.1A Residential units located within 358 feet of the centerline of Foothill Boulevard shall be equipped with mechanical ventilation, such as an air conditioning system. Second-story balconies or decks on these units with a line-of-sight to Foothill Boulevard would require an additional 6-foot-high wall. In addition, any ground-level outdoor uses, such as patios or park/recreation areas with a line-of-sight to Foothill Boulevard and within 358 feet of the centerline of Foothill Boulevard, shall be equipped with a sound wall or sound wall/berm combination with an effective height of 8 feet. 4.2.16 Residential units located within 90 feet of the centerline of Center Avenue shall be equipped with mechanical ventilation, such as an air conditioning system. 4.2.1C For the possible commercial/retail use on the western 5-acre parcel, delivery truck activity shall be restricted to daytime hours (7:00 a.m.-10:00 p.m.). 4.2.1D For the possible restaurant use on the western 5-acre parcel, restaurant deliveries shall be restricted to daytime hours (7:00 a.m.-10:00 p.m.) unless the proposed on-site residences will be equipped with mechanical ventilation, such as an air conditioning system. b. Facts in Support of Findings The proposed residential uses would potentially be exposed to high traffic noise from Foothill Boulevard. Therefore, mitigation measures are required to ensure that the sensitive receptor locations are not exposed to traffic noise levels exceeding the City's standards. Whether or not a specific apartment building is subject to the established mitigation measures depends on the building's location within the project. For residential units within the project site, the implementation of the proposed mitigation measures would result in the construction of sound walls and mechanical ventilation. The sound walls would provide a 5 to 7 dBA or more in noise reduction for ground- floor receptors. With a combination of walls, doors, and windows, standard construction for southern California residential buildings would provide more than 20 dBA in exterior-to-interior noise reduction with windows closed and 12 dBA with the windows open. However, with windows open, there is a potential for interior noise on the ground floor units to exceed the 45 dBA Ld, standard (i.e., 63 dBA — 12 dBA = 51 dBA). Therefore, the implementation of Mitigation Measure 4.2.1A would be required to ensure that windows can remain closed for a prolonged period of time. Further, with the implementation of all the identified mitigation measures, noise levels would be reduced to a level that would be consistent with the City's 9 11231-0001\1031054v3.doc General Plan noise standards. Therefore, impacts associated with this issue would be mitigated to level that is considered to be less than significant. 2. Short-Term Construction Noise Impacts Construction noise impacts resulting from the proposed Project will be potentially adverse requiring mitigation. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measures have been imposed to mitigate any potential impacts to less than significant levels: 4.2.2A The construction contractor shall implement the following mitigation measures during project construction. Construction will be limited to the hours of 6:30 a.m. to 8:00 p.m., Monday through Saturday, in accordance with City standards. No construction activities are permitted outside of these hours or on Sundays and federal holidays. 4.2.26 The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site 4.2.2C The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 4.2.2D During all site excavation and grading, the project/ construction contractor shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. b. Facts in Support of Findings Noise levels from demolition, grading, and other construction activities for the proposed project may range up to 85 dBA Lmax at the closest residential uses to the north of the project site for very limited times when construction occurs near them. Construction noise impacts of the proposed project would be potentially adverse. Typical noise levels range up to 91 dBA Lmax at 50 feet during the noisiest construction phases. The site preparation phase, which includes site excavation and grading, tends to generate the highest noise levels, because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery such as backfillers, dozers, draglines, and front loaders. Earthmoving and compacting equipment includes compactors, scrapers, and graders. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full-power operation followed by 3 to 4 minutes at lower-power settings. Construction of the proposed project is expected to require the use of earthmovers, bulldozers, and water and pickup trucks. Noise typically associated with the use of construction equipment is estimated between 79 and 89 dBA Lmax at a distance of 50 feet 10 11231-0001\10310540.doc from the construction effort for the grading phase. This equipment would be used on site. Each dozer would generate a maximum of 85 dBA Lmax at 50 feet, and water and pickup trucks would generate approximately 86 dBA Lmax at 50 feet. Each doubling of the sound sources with equal strength increases the noise level by 3 dBA. Assuming that each piece of construction equipment operates as an individual noise source, the worst-case composite noise level during this phase of construction would be 91 dBA Lmax at a distance of 50 feet from an active construction area. As these noise sources are point sources, the noise decreases at a rate of 6 dB per doubling of distance. The nearest residences are located to the north of the project site along Stafford Street. These residences are approximately 25 feet from the project boundary and may be subjected to short-term noise reaching 97 dBA Lmax intermittently generated by construction activities on site. Additionally, demolition of the existing buildings on the western 5-acre parcel may occur after the project apartments are occupied; however, these will be no closer than the existing residences. This level of noise is comparable with vehicular traffic noise on Foothill Boulevard. Construction-related noise impacts of the proposed project would be potentially adverse; however, with implementation of applicable mitigation measures, the impact would be reduced to a less than significant level. To minimize the impact of the construction noise on residences adjacent to the project area, compliance with the City's Noise Control Ordinance would be required. Because Construction of the proposed project would result in noise levels at the closest residences exceeding the maximum noise level allowed, the above identified mitigation measures will be implemented to reduce this impact to a less than significant level. More specifically, by limiting construction hours, using noise mufflers on construction equipment, and placing construction equipment and staging areas away from residential uses, this significant impact will be mitigated to a less than significant level. 3. Long Term Operational Noise Impacts The EIR found that the proposed Project would cause a substantial permanent increase in ambient noise levels associated with long-term operations of the proposed Project. This significant impact will be reduced to a less than significant level with the imposition of mitigation measures. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measures have been imposed to mitigate any potential impacts to less than significant levels: 4.2.3A For any commercial/retail use located directly adjacent to a residential use, delivery truck activity shall be restricted to daytime hours (7:00 a.m.-10:00 4.2.36 In the event that the on-site residential uses are constructed and occupied prior to the scheduled demolition of the tire shop, a 6-foot-high wall surrounding the tire shop will be required in order to reduce impacts on adjacent residential uses to a less than significant level. 11 11231-0001\1031054v3.doc b. Facts in Support of Findings Potential long-term stationary noise impacts would be associated primarily with operations at the on-site commercial uses. These commercial uses would generate noise from truck delivery, loading/unloading activities, and other activities at the parking lot. These activities are potential point sources of noise that could affect noise-sensitive receptors adjacent to the loading areas, such as the proposed residential uses on site. For example, there is an auto tire shop located on the project site near the center of the Foothill Boulevard frontage that would project noise to the surrounding proposed residences. This business is scheduled to be removed; however, it is possible it will continue operation for some period after the apartment portion of the project is built. Noise sources from the auto tire shop include customer-generated noises as well as noises associated with auto services, such as pneumatic drills, hydraulic lifts, and other machinery or equipment typically used in such operations. It is anticipated that the closest project residences will be located no less than 100 feet from the auto service area. Peak noise levels associated with the auto service activities would range up to 80 dBA Lmax at 50 feet. Noise attenuation from a point source will drop off at 6 dBA per doubling of the distance, resulting in a noise reduction of 6 dBA at 100 feet from the source. Therefore, the homes 100 feet from these auto service activities would experience noise levels up to 74 dBA Lmax. This range of maximum noise levels is lower than the daytime exterior noise standards of 75 dBA Lmax; however, even with windows closed, it exceeds the daytime interior noise standards of 45 dBA Lmax. A 6-foot-high concrete masonry wall surrounding the tire shop would provide a minimum of 6 dBA in noise attenuation to the nearby residences, thus reducing the daytime interior noise levels to below the standard (80 dBA — 6 dBA — 24 dBA — 6 dBA = 44 dBA). It is assumed that the auto service operations do not occur after 10:00 p.m. Further, delivery trucks for the anticipated on-site office/retail/restaurant uses would result in a maximum noise similar to noise readings from loading and unloading activities for other projects, which generates a noise level of 75 dBA Lmax at 50 feet. Based on the site plan, the restaurant will be located in the southwest corner of the site, more than 400 feet from the nearest proposed on-site residence and more than 600 feet from existing residences to the north. Therefore, with the distance divergence, loading/ unloading noise would potentially reach up to 57 dBA Lmax at the ground level of the nearest residences to the east and 53 dBA Lmax at the ground level of the nearest residences to the north. This potential maximum noise level would not exceed the daytime exterior noise standard of 60 dBA; however, it would exceed the nighttime exterior 55 dBA L25 standard at the nearest proposed on-site residence if the noise lasts more than 15 minutes in any hour. Although a typical truck unloading process takes an average of 15-20 minutes, this maximum noise level occurs in a much shorter period of time, (i.e., in a few minutes). As long as the maximum noise level occurs in a time period less than 15 minutes in any hour, a nighttime exterior 60 dBA L17 standard will not be exceeded. Therefore, noise associated with loading and unloading activities at the restaurant would not result in noise levels exceeding either the daytime or nighttime exterior standards at the nearest residences to the north or the east. Standard building construction in southern California would provide 24 dBA or more in noise reduction from exterior to interior with windows and doors closed and 12 dBA or more with windows and doors open. With windows closed, the maximum interior noise attributable to the restaurant loading/unloading activities would be reduced to 33 dBA Lmax. With 12 11231-0001\10310540.doc windows open, it would be reduced to 45 dBA Lmax Thus, only with windows open could the nighttime interior noise standard of 40 dBA Lmax be exceeded. Therefore, the restaurant deliveries must be restricted to daytime (7:00 a.m. to 10:00 p.m.). . In sum, because the tire shop may operate for a time after the residential units of the Project are constructed and occupied, Mitigation Measure 4.2.36 will be implemented to reduce any potential significant impact to a less than significant level. Further because the maximum interior noise attributable to the retail/office loading/unloading activities would only be reduced to 41 dBA Lmaz at the existing residences to the north (which exceeds the nighttime interior noise standard of 40 dBA Lmn), Mitigation Measure 4.2.213 will be implemented which will require delivery hours to be restricted ensuring the nighttime interior noise standard will not be exceeded by the operations of the Project. B. Traffic 1. Opening Year 2009 with Commercial Conditions Traffic and Level of Service Impacts The EIR examined traffic impacts at Opening Year 2009 with Commercial Conditions of the Project and determined that a significant impact will result with regard to Hermosa Avenue/Church Street intersection. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measure has been imposed to mitigate any potential impacts to less than significant levels: 4.3.1A The developer shall construct a traffic signal at the intersection of Hermosa Avenue and Church Street with Transportation Fee Credits. In the event that the City begins construction of the traffic signal prior to issuance of building permits, the developer shall pay the City Transportation Fee in accordance with the number of units in the development. b. Facts in Support of Findings The City of Rancho Cucamonga has set a minimum level of service standard of D. With the addition of the commercial portion of project traffic to the year 2009 baseline scenario, the intersection level of service at the following intersection would result in less than the minimum service standard: • Hermosa Avenue/Church Street. The intersection would result in LOS F conditions in the P.M. peak hour. As identified above, the Hermosa Avenue/Church Street intersection is forecast to exceed the satisfactory level of service of D in 2009 with the commercial conditions of the project. However, in the 2009 without project scenario, the Hermosa Avenue/Church Street intersection would also operate at LOS F during the P.M. peak hour which is an unsatisfactory level of service, and at 2007 existing conditions, this P.M. peak hour is at LOS E. However, because the forecast level of service at this intersection exceeds the minimum service standard of D in the year 2009 plus commercial scenario, a significant impact will result. 13 11231-0001\1031054v3.doc To ensure that potential impacts to the Hermosa Avenue/Church Street intersection is reduced to less than significant levels, the above articulated mitigation measure shall be put in place. With these improvements, the P.M. peak hour LOS level for the Hermosa Avenue/Church Street intersection operating under 2009 Project with Commercial Conditions will be reduced to LOS C and will be fully mitigated to a level of insignificance. 2. Opening Year 2009 with Residential Project Conditions Traffic and Level of Service Impacts The EIR examined traffic impacts at Opening Year 2009 with Residential Conditions of the Project and determined that a significant impact will result with regard to Hermosa Avenue/Church Street intersection. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measure has been imposed to mitigate any potential impacts to less than significant levels: 4.3.1A The developer shall construct a traffic signal at the intersection of Hermosa Avenue and Church Street with Transportation Fee Credits. In the event that the City begins construction of the traffic signal prior to issuance of building permits, the developer shall pay the City Transportation Fee in accordance with the number of units in the development. b. Facts in Support of Findings The City of Rancho Cucamonga has set a minimum level of service standard of D. With the addition of the residential portion of the project traffic to the year 2009 baseline scenario, the intersection levels of service at the following intersection would result in less than the minimum service standard: Hermosa Avenue/Church Street. The intersection would operate at LOS F conditions in the P.M. peak hour. However, even without the project (i.e., with just the 2009 baseline), the above intersection would operate at LOS F during the P.M. peak hour, which is an unsatisfactory level of service. Further, at existing 2007 conditions, the P.M. peak hour LOS level is at LOS E. Impacts to this intersection are considered a significant impact of the proposed project. To ensure that potential impacts to the Hermosa Avenue/Church Street intersection is reduced to less than significant levels, the above articulated mitigation measure shall be put in place. With these improvements, the P.M. peak hour LOS level for the Hermosa Avenue/Church Street intersection operating under 2009 Project with Residential Conditions will be reduced to LOS C and will be fully mitigated to a level of insignificance. 3. Opening Year 2009 with Entire Project (Residential and Commercial) Traffic and Level of Service 14 11231-0001\1031054v3.doc The EIR examined traffic impacts at Opening Year 2009 with Entire Project (Residential and Commercial) of the Project and determined that a significant impact will result with regard to Hermosa Avenue/Church Street intersection. a. Findings Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant environmental effects identified in the EIR. Specifically, the following mitigation measure has been imposed to mitigate any potential impacts to less than significant levels: 4.3.1A The developer shall construct a traffic signal at the intersection of Hermosa Avenue and Church Street with Transportation Fee Credits. In the event that the City begins construction of the traffic signal prior to issuance of building permits, the developer shall pay the City Transportation Fee in accordance with the number of units in the development. b. Facts in Support of Findings With the addition of the entire project (commercial and residential) traffic to the year 2009 baseline scenario, the level of service at the following intersection would result in less than the minimum service standard of LOS D: • Hermosa Avenue/Church Street would operate at LOS F conditions in the P.M. peak hour. The City of Rancho Cucamonga has set a minimum level of service standard of D. The level of service deficiency at the Hermosa Avenue and Church Street intersection is also forecast to occur in the year 2009 without the project; thus, the project would not produce the LOS deficiency by itself. Nonetheless, the project does contribute to the level of service deficiencies, resulting in a significant impact, and mitigation is required. To ensure that potential impacts to the Hermosa Avenue/Church Street intersection are reduced to less than significant levels, the above articulated mitigation measure shall be put in place. With these improvements, the P.M. peak hour LOS level for the Hermosa Avenue/Church Street intersection operating under 2009 Project with Entire Project Conditions will be reduced to LOS C and will be fully mitigated to a level of insignificance. VIII. Project Alternatives A. Alternatives Considered but not Analyzed in the EIR. The City considered a range of reasonable alternatives as more fully discussed in the EIR. Some of these alternatives were rejected outright and were not analyzed in the EIR because they would not fulfill the basic project objectives. This range included: (1) No Build Alternative; (2) the Business Office Alternative; and (3) the Residential Portion of the Project Alternative. With regard to the No Build Alternative, no development would take place on the site, and the project site would be retained in its current condition. The existing tire shop, residences, strawberry fields, and commercial uses would remain on the property. Disallowing development of the site, as suggested by this alternative, would impose conditions that conflict 15 11231-0001\10310540.doc with the existing vision of the City of Rancho Cucamonga for the site and the project area. The No Build Alternative does not represent the highest or best use of the site. Furthermore, retention of the project site in its current condition would not fulfill the primary objectives of the proposed project and would not provide residential development that is attainable for low and moderate income segments of the community or augment the City's economic base by increasing tax-generating retail uses within the City. The substantial economic and land use benefits derived from the development of .the proposed project would be forfeited. Consequently, the No Build Alternative was rejected from further consideration in the EIR. With regard to the Business Office Alternative, The Business Office Alternative consists of the development of the project site entirely with office uses. The development of the entire site with such uses would not provide the varied retail, residential, and service uses associated with the proposed project. Additionally, the development of office uses would not provide the additional municipal revenues expected to be generated from the proposed project; nor would it provide residential development that is attainable for low and moderate income segments of the community. Thus, this alternative was rejected because it would not provide the basic City objectives for development of the project site. Third, the Residential Portion of the Project Alternative would only consist of the development of 166 apartments that are proposed as part of the project. The office and commercial portions would not be developed as part of this alternative. The development of a portion of the site with residential uses would not provide the varied retail and service uses associated with the proposed project. Similar to the alternative for office uses, the development of apartments alone would not provide the additional municipal revenues expected to be generated from the proposed project; nor would it bring new revenue-generating uses in the City. Additionally, the development of the residential portion alone would fail to achieve the objectives of the proposed project, in particular including promotion of "balanced, efficient development that is functional, safe, attractive and convenient to users, and which will strengthen the local economy," and providing "additional jobs to the local economy." This alternative was rejected because it would not provide the basic City objectives for development of the project site. B. Alternatives Analyzed in the EIR. The EIR however did undertake an analysis of three other potential project alternatives. These three alternatives were also rejected for the various reasons stated below. 1. No Project, Existing Zoning Alternative a. Summary of Alternative The No Project Alternative assumes what would reasonably be expected to occur, based on current plans and consistent with available infrastructure and community services, in the foreseeable future. The project site is currently zoned Community Commercial and designated for General Commercial uses. Given the goals and objectives of the City of Rancho Cucamonga and the continuing trend of infill development in the project area, it is highly reasonable in the event the proposed project were not approved, that the site would be developed with some type of commercial use. Within the Commercial zone, uses including offices, retail commercial, and general services are allowed. With the No Project Alternative, development of a retail commercial use is assumed at a Floor to Area Ratio (FAR) of 25 percent, allowing up to 185,000 square feet of commercial floor space. 16 11231-0001V1031054v3.doc b. _ Reasons for Rejecting Alternative With the No Project, Existing Zoning Alternative, the project site is assumed to be developed with a commercial use consistent with the City's General Plan and Zoning. With this alternative, significant unavoidable air quality impacts would occur that do not occur with the proposed project. In addition, impacts related to aesthetics, traffic, and noise would be increased over those of the proposed project. The No Project, Existing Zoning Alternative has been rejected because it would have greater impacts to air quality, noise, and traffic than the proposed project. In addition this alternative would not meet all of the City's objectives, which includes the failure of the alternative to "provide residential development that is attainable for low and moderate income segments of the community." 2. Reduced Intensity Alternative a. Summary of Alternative Under this alternative, the project site would be developed with approximately 75 percent of the residential, commercial, office, and restaurant uses envisioned under the proposed project. This alternative would result in 125 apartment units, a 3,750- square foot restaurant, an 18,750-square foot office building, and 12,000 square feet of retail shops. b. Reasons for Rejecting Alternative With the Reduced Intensity Alternative, visual resource impacts would be similar. Impacts related to short-term construction-related air quality.and noise impacts would be reduced although similar to those identified with the proposed project. Further, long-term air quality operational emissions under this alternative would remain less than significant, although reduced in magnitude. Because of the reduction in vehicle trips achieved under this alternative, impacts to the operation of local roadways and intersections would be proportionally reduced from the proposed project. Under this alternative, the proposed project objectives are met, although to a lesser degree. Reducing the amount of commercial square footage would decrease the amount of revenue forecast to be generated by the proposed project. This Reduced Intensity Alternative has been rejected, because it limits employment opportunities by limiting commercial and office square footage and housing opportunities would be decreased when compared to the proposed project. 3. All Residential Project Alternative a. Summary of Alternative With the All Residential Alternative, development of apartment units similar to those in the proposed project would occur. This alternative assumes that the existing restaurant on the southeastern 1.5-acre corner of the project (the Whole Enchilada) would remain. Residential apartment uses would take place on 15.54 acres of the site and would be developed at the same density as the proposed project with 15.75 units per acre, resulting in 245 apartment units. This alternative would result in the same removal of all other existing uses on the property as the proposed project. b. Reasons for Rejecting Alternative 17 11231-0001\10310540.doc With the All Residential Project Alternative, potential impacts associated with short-term construction related air quality and noise impacts would remain similar to those identified with the'proposed project. Impacts related to traffic operations would be proportionally reduced in relation to the reduction in trip generation between the All Residential Project Alternative and the proposed.project. The volume of pollutants emitted during operation of the project under this alternative would be reduced and would be less than significant. The change in the vehicle noise achieved under this alternative would not be perceptible. With the reduction of traffic resulting from the development of the All Residential Project Alternative, air emissions and noise levels would be correspondingly reduced; however, the significance of air, noise, and traffic impacts would remain similar to those of the proposed project and would be less than significant. New housing opportunities would be created with the additional residential apartments planned for this alternative, however, the absence of retail uses from the project site would most likely reduce (sales tax) revenue to the City and therefore not meet all project objectives. 4. Off Site Alternative a. Summary of Alternative The Off-Site Location Alternative analyzes the impacts of the proposed project in a different location. This alternative would be composed of the same intensity and the same uses in an alternative location. An alternative site would require adequate land, access, and services, and must be compatible with adjacent uses. The selected location for the off-site alternative is southeast of the proposed project, at the southwest corner of Arrow Route and Haven Avenue in the City of Rancho Cucamonga. This site is currently zoned for industrial park uses and is approximately 17 acres. b. Reasons for Rejecting Alternative The Off-Site Alternative would have similar impacts to the proposed project in all impact areas with the exception of Hydrology and Water Quality which would be reduced. The Off-Site Alternative is not in a redevelopment area and does not meet the City's objective of locating development in infill and redevelopment areas that will minimize any potential environmental impacts and therefore has been rejected, 5. Environmentally Superior Alternative The EIR-has identified the Reduced Intensity Alternative as the environmentally superior alternative. However, because this alternative would meet the project objectives to a lesser degree than the proposed Project, the alternative has been rejected. More specifically, it limits employment opportunities by limiting commercial and office square footage and housing opportunities would be decreased when compared to the proposed project. C. The Project As Proposed 1. Summary of Project The Project is described in detail in the EIR. 2. Reasons for Selecting Project as Proposed 18 11231-0001\1031054r3.doc The Planning Commission has carefully reviewed the attributes and environmental impacts of the Alternatives described in the EIR and has compared it with those of the proposed Project. The Planning Commission finds that the various Alternatives are infeasible for various environmental, economic, technical, social, or other reasons as discussed above. The Planning Commission further finds that the Project as. proposed is the best combination of features to serve the interests of the public and achieve the project goals. More specifically, the proposed Project locates development within the Rancho Cucamonga Redevelopment Agency project area designated for redevelopment, and as analyzed in the FEIR, minimizes any potential environmental effects. The proposed Project also provides 166 apartment units as workforce housing. Further, the proposed Project will make use of the availability of existing public improvements by locating the Project in a developed area, thereby providing maximum benefit to the general public. The proposed Project also will help augment the City's economic base by increasing tax-generating retail uses within the City with the addition of 16,000 square feet of retail shops, and a 5,000 square foot restaurant. Finally, the proposed Project will be an example of balanced, efficient development that is functional, safe, attractive, and convenient to residents and other users, and will strengthen the local economy by the addition of 25,000 square feet of office space, as well as retail and restaurant uses. For all of these reasons, the Planning Commission has selected the proposed Project. 19 11231-0001\10310540.doc MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been prepared for use in implementing mitigation measures for: Rancho Workforce Housing The Mitigation Monitoring and Reporting Program has been prepared in compliance with State law and the Environmental Impact Report(EIR)(State Clearinghouse No.2007101001)prepared for the project by the City of Rancho Cucamonga. The California Environmental Quality Act(CEQA)requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid adverse effects on the environment(Public Resource Code§21081.6). The law states that the reporting or monitoring program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the following elements: • Action and Procedure. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances,one action may be used to verify implementation of several mitigation measures. • Compliance and Verification. A procedure for 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. • Flexibility. The program has been designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the Mitigation Monitoring and Reporting Program. As changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. On the following pages are Mitigation Monitoring and Reporting Program checklist. EXHIBIT I (1/31/2008) MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST Project File Name: Rancho Workforce Housing EIR Applicant: City of Rancho Cucamonga Prepared by: City of Rancho Cucamonga Date: January 7, 2008 Date/Verified Sanctions for Responsible Monitoring Timing of Method of Mitigation Measures No. Implementing Action for Monitoring Frequency Verification Verification Initials Compliance AIR QUALITY. 4.1.1A.During project construction the construction contractor shall implement BO C A/D 4/7 the following measures to reduce fugitive dust. • Revegetale disturbed areas as quickly as possible. • All excavating and grading operations shall be suspended when wind speeds (as instantaneous gusts)exceed 25 mph. • All streets shall be swept once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site each trip. • All on-site roads shall be paved as soon as feasible,watered periodically or chemically stabilized. • The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. 4.1.1 B. The construction contractor shall select the construction equipment BO B/C D 2/4 used on site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 4.1.1 C. The construction contractor shall utilize electric or diesel-powered BO C A 2/3 equipment in lieu of gasoline-powered engines where feasible. (1/31/2006) Verified Sanctions for Responsible Monitoring Timing of Method of Date/ --Non- Mitigation Measures No./Implementing Action for Monitoring Frequency Verification Verification Initials Compliance 4.1.1D. The construction contractor shall ensure that construction grading CE/BO B C 2 plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the - construction period will be extended,thereby decreasing the size of the area prepared each day,to minimize vehicles and equipment operating at the same time. 4.1.1 E.The construction contractor shall time the construction activities so as BO C A 7 to not interfere with peak-hour traffic and minimize obstruction of through traffic lanes adjacent to the site;if necessary,a fiagperson shall be retained to maintain safety adjacent to existing roadways. 4.1.1 F.The construction contractor shall support and encourage - PD C - A ridesharing and transit incentives for the construction crew. BIOLOGICAL RESOURCES BIO-1.A pre-construction survey for the burrowing owl is required to confirm PD B City Review of D 2 presence or absence of the species on the proposed project site. The pre- Focused construction survey for the burrowing owl shall be conducted within 30 days Survey. prior to the commencement of grading activities. If it is determined that the project site is occupied by this species,Mitigation Measure BIO-2 shall apply. Conversely,if the project site is not occupied,Mitigation Measure BIO-2 shall not be required. BIO-2.Any western burrowing owls identified on site shall be relocated prior to PD B/C D 2 the commencement of grading activities.The relocation of any specimen shall be conducted per applicable CDFG and/or USFWS procedures.Relocation of on-site burrowing owls shall not be permitted during the nesting season for this species. BIO-3. Any large trees on site shall be removed between September 1 and PD B/C D 2/4 January 31, outside of the typical nesting season for raptors. If vegetation removal is to take place during the breeding/nesting season(i.e., February 1 through August 31),then pre-construction nest surveys shall be conducted by a qualified biologist to ensure that active nests are protected.The last survey day shall be scheduled three days prior to the start of construction work. If nesting birds are found,a qualified biologist shall be consulted regarding the relocation or extent of the buffer area around those nesting areas. (1/31/2008) Verified Sanctions for Responsible Monitoring Timing of Method of Date/ Mitigation Measures No.I Implementing Action for Monitoring Frequency Verification Verification Initials Compliance CULTURAL RESOURCES CUL-1. In the event a cultural resource is uncovered duringthe course of PD/BO C During A g grading A 4 grading or construction of the project,ground-disturbing activities in the vicinity - and construction of the find shall be redirected until the nature and extent of the find can be evaluated by a qualified archaeologist (meeting Secretary of Interior Standards).Any such resource uncovered during the course of project-related to grading or construction shall be recorded and/or removed per applicable City and/or State regulations. CUL-2. In the event that paleontological resources are encountered during PD/BO C During grading. A 4 construction excavation, the project proponent shall halt excavation in the and construction vicinity of the discovery and call a qualified paleontologist to evaluate the significance of the find and make recommendations for further mitigation. HYDROLOGY AND WATER QUALITY HYD-1. Prior to the issuance of grading permits for the western approximately CE B City Review of B/C/D 1/2 five acres,the project applicant shall submit and receive approval from FEMA Grading and a Conditional Letter of Map Revision—Fill(CLOMR-F)to remove the property Building Plans from the 100-year flood zone map. HYD-2.Priorto the issuance of grading permits for the western approximately CE B City Review of B/C/D 1/2 five acres,the project applicant shall submit to the City of Rancho Cucamonga Grading and supporting evidence of compliance with FEMA CLOMR-F specifications and Building Plans requirements including the discussion and analysis of fill material placement, elevation changes, and hydro-modification impacts. - NOISE. - 4.2.1A. Residential units located within 358 feet of the centerline of Foothill BO CID During A/C 3/4 Boulevard shall be equipped with mechanical ventilation, such as an air construction conditioning system. Second-story balconies or decks on these units with a line-of-sight to Foothill Boulevard would require an additional 6-foot-high wall. In addition,any ground-level outdoor uses, such as patios or park/recreation areas with a line-of-sight to Foothill Boulevard and within 358 feet of the centerline of Foothill Boulevard,shall be equipped with a sound wall or sound wall/berm combination with an effective height of 8 feet. (1131/2008) Verified Sanctions for Responsible Monitoring Timing of Method of Date/ Non- Mitigation Measures No./Implementing Action for Monitoring Frequency Verification Verification Initials Compliance 4.2.18. Residential units located within 90 feet of the centerline of Center BO C/D During A/C 3/4 Avenue shall be equipped with mechanical ventilation, such as an air construction conditioning system. 4.2.1 C. For the possible commercial/retail use on the western 5-acre parcel, PD E During A 7 delivery truck activity shall be restricted to daytime hours (7:00 a.m.-10:00 Operation P.M.). 4.2.1D. For the possible restaurant use on the western 5-acre parcel, PD E A 7 restaurant deliveries shall be restricted to daytime hours (7:00 a.m.-10:00 p.m.) unless the proposed on-site residences will be equipped with mechanical ventilation, such as an air conditioning system. 4.2.2A. The construction contractor shall implement the following mitigation PD/BO C A 4/7 measures during project construction.Construction will be limited to the hours of 6:30 a.m.to 8:00 p.m., Monday through Saturday, in accordance with City standards. No construction activities are permitted outside of these hours or on Sundays and federal holidays. 4.2.28.The project contractor shall place all stationary construction equipment BO C A 7 so that emitted noise is directed away from sensitive receptors nearest the project site. 4.2.2C. The construction contractor shall locate equipment staging in areas BO C A 7 along Foothill Boulevard,away from existing residences to create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 4.2.2D. During all site excavation and grading, the project/construction BO C A 7 contractor shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers consistent with manufacturers'standards. 4.2.3A. For any commercial/retail use located directly adjacent to a residential PD EDuring A 7 use, delivery truck activity shall be restricted to daytime hours (7:00 a.m.— Operation 10:00 p.m.). (1/31/2008) Verified Sanctions for Responsible Monitoring Timing of Method of Date/ Mitigation Measures No./Implementing Action for Monitoring Frequency Verification Verification Initials Compliance 4.2.38. In the event that the on-site residential uses are constructed and BO A/D A/D 3 occupied prior to the scheduled demolition of the tire shop, a 6-foot-high wall surrounding the lire shop will be required in order to reduce impacts on adjacent residential uses to a less than significant level. . .TRANSPORTATION AND TRAFFIC` ' . . - " '"� _ 4.3.1A. The developer shall construct a traffic signal at the intersection of CE/PD C Issuance of C 2 Hermosa Avenue and Church Street with Transportation Fee Credits. In the Occupancy event that the City begins construction of the traffic signal priorto issuance of Permits building permits, the developer shall pay the City Transportation Fee in accordance with the number of units in the development. Key to Checklist Abbreviations . Responsible'Person Monitoring Frequency .` - • Method of Verification Sanctions PD: Planning Director A: With Each New Development A: On-site Inspection 1: Withhold Recordation of Final Map CE: City Engineer or designee B: Prior To Construction B: Other Agency Permit/Approval . 2: Withhold Grading or Building Permit BO: Building Official or designee C: Throughout Construction, C: Plan Check 3: Withhold Certificate of Occupancy P0: Police Captain or designee D: On Completion D: Separate Submittal (Reports/Studies/Plans) 4: Stop Work Order FC: Fire Chief or designee E: Operating 5: Retain Deposit or Bonds 6: Revoke CUP 7: Citation (1/31/2008) COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC 2006-00633 SUBJECT: Development Review APPLICANT: Rancho Workforce Housing LOCATION: North/ side of Foothill Boulevard and west side of Center Avenue 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. Approval of DRC2006-00633 is granted subject to the approval of GPA DRC2006-00635 and DDA DRC2006-00634. 3. Copies of the signed Planning Commission Resolution of Approval No. 08-04, 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. SC-1-05 1 (:\PLANNING\FINAL\PLNGC0MM\2008 Res&Stf rep\DRC2006-00633SWCond 2-13.doc Project No. DRC 2006-00633 Completion Date 4. 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 d) Environmental Impact Report- $2,656.75—x- 5. Crime Free Multi-Family Housing Program - The owner shall cause the manager and any resident manager to complete the training for and enroll the project in the San Bernardino County Crime Free Multi-Family Housing Program B. Time Limits 1. Development/Design Review 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 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. i 2 I:\PLANNING\FINAL\PLNGC0MM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 8. Trash receptacle(s)are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 9. 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. 10. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 11. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 12. 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. 13. 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. 14. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 15. For multiple family development, laundry facilities shall be provided as required by the Development Code. 16. For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space shall be provided. 17. For residential development, recreation area/facility shall be provided as required by the Development Code. D. Shopping Centers 1. The Master Plan is approved in concept only. Future development for(each building pad/parcel) shall be subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. E. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for Planning Director review and approval prior to the issuance of building permits. 3 I:\PLANNINGTINAL\PLNGCOMM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 2. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits. 3. 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. 4. For all residential development, provide conduit from each unittlot and a pull box to connect to the street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits'. 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. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 5. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 6. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 7. 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. 8. 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. 4 IAPLANNINGTINAL\PLNGCOMM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 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. 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 50trees per gross acre, comprised of the following sizes, shall be provided within the project: 5% -48-inch box or larger, 5 %-36-inch box or larger, 20 %-24-inch box or larger and 70 % - 15-gallon. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq.ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 6. The final design of the perimeter parkways,walls, landscaping,and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 7. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Foothill Boulevard. 8. 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. 5 I:\PLANNING\FINAL\PLNGCOMM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 9. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department. 10. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 11. 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. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 2. Directory monument sign(s)shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Department prior to issuance of building permits. J. Environmental 1. A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. 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. K. 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) L. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan, 6 IAPLANNINGTINALTLNGCOMMt2008 Res&Stf rep1DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 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 g. Planning Department Project Number(DRC 2006-00633)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. M. 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., DRC2006-00633). 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 residential 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 permit 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). 6. Submit pool plans to the County of San Bernardino's Environmental Health Services Department for approval. N. 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. Roofing material shall be installed per the manufacturer's "high wind" instructions. 7 LTLANNINGTINAL\PLNGCOMM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 5. Provide draft stops in attics in line with common walls. 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. 8. If the area of habitable space above the first floor exceeds 3,000 square feet, then the construction type shall be V-1 Hour minimum. 9. Walls and floors separating dwelling units in the same building shall be not less than 1-hour fire-resistive construction. O. 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. P. Additional Requirements/Comments 1. Project shall fully comply with accessibility requirements of 2001 California Building Code Chapter 11A(Housing Accessibility). APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Q. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): As needed total feet on Foothill Boulevard 33 total feet on Center Avenue 2. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded prior to the issuance of building permits. 8 I:\PLANNINGTINAL\PLNGCOMM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 3. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded. 4. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. 5. 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. R. 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. 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 Foothill Boulevard X X (c) X X X (b) Center Avenue X X X X X X (b) 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. 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 9 I:\PLANNING\FINAL\PLNGCOMM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 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. 10 I:\PLANNINGTINAL\PLNGCOMM\2006 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 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 Qty. Center Avenue Brachychlton Bottle Tree 5' 25' o.c. 15 Fill popuioneus GAL. in Under Utilities Magnolia NCN 3' 20 o.c. 15 Grandiflora St. GAL. Mary Foothill Prunus blireiana NCN 3' 20' o.c. 15 Boulevard Informal GAL. Non Activities groupings not more Centers—Accent 25%of Tree total front age trees Non Activities Prunus blireiana California Sycamore 8' 35' o.c. 15 Centers Informal GAL. groupins Non Activities Prunus blireiana London Plane Tree 8' 30' o.c. 15 Centers Informal GAL. groupins Construction Notes for Street Trees: 1) 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. S. 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 Foothill Boulevard. 11 I:\PLANNING\FINAL\PLNGCOMM\2008 Res 8 Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date T. 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. U. 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. 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,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD 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. V. 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. 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. 3. 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. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: W. 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. 12 L\PLANNING\FINAL\PLNGC0MM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc Project No. DRC 2006-00633 Completion Date 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. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. X. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. 2. 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. 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. Y. Security Fencing 1. All businesses or residential communities with security fencing and gates will provide the police with a keypad access and a unique code. The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909)941-1488 or by contacting the Crime Prevention Unit at(909)477-2800 extension 2474 or extension 2475. Z. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted from frame or track in any manner. AA. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. 2. At the entrances of commercial or residential complexes, an illuminated map or directory of project shall be erected with vandal-resistant cover. North shall be at the top and so indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Department. 3. All developments shall submit an 8'/z'x 11"sheet with the numbering pattern of all multi-tenant developments to the Police Department. 13 I:\PLANNING\FINAL\PLNGC0MM\2008 Res&Stf rep\DRC2006-00633StdCond 2-13.doc