HomeMy WebLinkAbout08-16 - Resolutions RESOLUTION NO. 08-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVIING VARIANCE
DRC2007-00097, A REQUEST TO ALLOW UP TO 10.5-FOOT
PERIMETER WALL HEIGHTS FOR SOUND ATTENUATION PURPOSES
FOR LOTS 1 THROUGH 6 AND TO ALLOW TO 7.5-FOOT COMBINATION
RETAINING/FREESTANDING SIDEYARD WALL HEIGHTS FOR GRADE
DIFFERENTIAL PURPOSES FOR LOTS 1 THROUGH 6 OF TENTATIVE
TRACT MAP SUBTT18032,WHERE A MAXIMUM 6-FOOT WALL HEIGHT
IS PERMITTED FOR A RESIDENTIAL SUBDIVISION OF
23 SINGLE-FAMILY LOTS ON 7.74 ACRES OF LAND IN THE LOW
RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE
ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF
DAY CREEK BOULEVARD, SOUTH OF VINTAGE DRIVE; AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 0225-161-65 and 71.
A. Recitals.
1. Peninsula Retail Partners filed an application for the issuance of Variance
No. DRC2007-00097 as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Variance request is referred to as "the application."
2. On the 12th day of December,the Planning Commission conducted a duly noticed public
hearing and continued the hearing to an unspecified date.
3. The item was re-advertised, and on April 9,2008,the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said
hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing on April 9, 2008, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located on the west side of Day Creek
Boulevard, south of Vintage Drive with a street frontage of approximately 510 feet on Saddle Tree
Place and a lot depth of approximately 530 feet, and is presently vacant land; and
b. The property to the north of the subject site is vacant and is zoned Low Residential;
the property to the south is the 1-210 Freeway; the property to the east, across Day Creek
Boulevard, is developed with single-family residences and is zoned Low Residential;the property to
west is developed with single-family residences and is zoned Low Residential; and
C. The Variance request is to increase the maximum allowable wall height from 6 feet
to 10.5 feet; and
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 2
d. Literal enforcement of the wall height limit would cause a physical hardship and
practical difficultly for development of the property because of the presence of sound levels from the
1-210 Freeway and Day Creek Boulevard that exceed the Development Code's requirements. Literal
enforcement of the wall height limit would preclude development of the property in accordance with
the Low Residential District standards, since the sound levels would exceed the allowable limits as
prescribed by the Development Code; and
e. There are exceptional circumstances applicable to the subject property that do not
apply to a majority of the properties in the immediate surrounding area since the subdivision is
located adjacent to a major arterial, an on-ramp, and the 1-210 Freeway. Further, the acoustic
engineer for the project has calculated that building surfaces will be exposed to noise levels of
67.5CNEL along Day Creek Boulevard and 74.5 CNEL along the 1-210 Freeway. These sound
levels thereby create exceptional circumstances with regard to achieving an adequate level of sound
attenuation; and
f. Literal enforcement of the wall height limit would deprive the applicant of
development enjoyed by other properties in the Low Residential District that by requiring the
applicant to significantly alter the proposed design of the subdivision by using alternative design and
construction methods that are not feasible for the subject property and would substantially reduce
the density of the property. Alternative designs and reductions of density by other properties have
not been required of other properties in the Low Residential District that are affected by high sound
levels from the 1-210 Freeway; and
g. The granting of the Variance will not constitute a special privilege inconsistent with
the limitations on other properties in the same zone in that variances for wall heights have been
granted for other subdivisions because of high sound levels from highways and roads; and
h. Granting of the Variance will not be detrimental to the public health, safety, or
welfare; but conversely,the Variance will provide the means to promote public safety and welfare by
providing the necessary sound attenuation required for the subdivision to adequately meet the
required exterior noise level standards for properties in the Low Residential District.
3. Based upon the substantial evidence presented to this Commission during the
above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, this Commission hereby finds and concludes as follows:
a. That strict or literal interpretation and enforcement of the specified regulations
would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives
of the Development Code.
b. That there are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not apply generally to other
properties in the same district.
C. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties in the same district.
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 3
d. That the granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same district.
e. That the granting of the Variance will not be detrimental to the public health,safety,
or welfare or materially injurious to properties or improvements in the vicinity.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration,together with all written and oral reports included for the environmental assessment for
the application,the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and
Monitoring Program attached hereto, and incorporated herein by this reference, based upon the
findings as follows:
a. Pursuant to the California Environmental Quality Act("CEQX)and the City's local
CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of
the project. Based on the findings contained in that Initial Study, City staff determined that, with the
imposition of mitigation measures, there would be no substantial evidence that the project would
have a significant effect on the environment. Based on that determination, a Mitigated Negative
Declaration was prepared. Thereafter, the City staff provided public notice of the public comment
period and of the intent to adopt the Mitigated Negative Declaration.
b. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record
before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA;
and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that
the project will have a significant effect on the environment. The Planning Commission further finds
that the Mitigated Negative Declaration reflects the independent judgment and analysis of the
Planning Commission. Based on these findings, the Planning Commission hereby adopts the
Mitigated Negative Declaration.
C. The Planning Commission has also reviewed and considered the Mitigation
Monitoring Program for the project that has been prepared pursuant to the requirements of Public
Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission therefore
adopts the Mitigation Monitoring Program for the project.
d. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program and all other materials which constitute the record of proceedings
upon which the Planning Commission's decision is based is the City Planner of the City of Rancho
Cucamonga. Those documents are available for public review in the Planning Department of the
City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California
91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above,
this Commission hereby approves the application subject to each and every condition set forth
below and in the Standard Conditions, attached hereto and incorporated herein by this reference.
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 4
Planning Department
1) The Variance approval shall expire if building permits are not issued
within 5 years from the date of approval.
2) 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.
3) A perimeter wall shall be constructed around the subdivision in
accordance with the recommendations made in the acoustical reports
by Mestre Greve Associates on file at the Planning Department under
SUBTT18032. All perimeter walls and all walls exposed to public view
shall be decorative. Perimeter walls fronting Day Creek Boulevard and
Banyan Street shall adhere to the approved wall design and materials
palette for Day Creek Boulevard and Rancho Etiwanda including, but
not limited to, river rock pilasters.
4) All applicable Conditions of Approval per Resolution No. 07-15
approving Tentative Tract Map SUBTT18032 shall apply.
Environmental Mitigation
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. The contractor shall
ensure that all construction equipment is being properly serviced and
maintained as per manufacturers'specifications. Maintenance records
shall be available at the construction site for City verification.
2) Prior to the issuance of any Grading Permits, the developer shall
submit construction plans to the City denoting the proposed schedule
and projected equipment use. Construction contractors shall provide
evidence that low-emission mobile construction equipment will be
utilized, or that their use was investigated and found to be infeasible for
the project. Contractors shall also conform to any construction
measures imposed by the South Coast Air Quality Management District
(SCAQMD), as well as City Planning Staff.
3) All paints and coatings shall meet or exceed performance standards
noted in SCAQMD Rule 1113. Paints and coatings shall be applied
either by hand or high-volume, low-pressure spray.
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 5
4) All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
5) All construction equipment shall comply with SCAQMD Rules 402 and
403. Additionally, contractors shall include the following provisions:
• Reestablish ground cover on the construction site through
seeding and watering.
• Pave or apply gravel to any on-site haul roads.
• Phase grading to prevent the susceptibility of large areas to
erosion over extended periods of time.
• Schedule activities to minimize the amounts of exposed
excavated soil during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices.
• Sweep streets according to a schedule, established by the City if
silt is carried over to adjacent public thoroughfares or occurs as a
result of hauling. Timing may vary depending upon the time of
year of construction.
• Suspend grading operations during high winds(i.e.,wind speeds
exceeding 25 mph) in accordance with Rule 403 requirements.
• Maintain a minimum 24-inch freeboard ratio on soils haul trucks
or cover payloads using tarps or other suitable means.
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and the Regional Water Quality Control Board
[RWQCB]) daily to reduce PM10 emissions, in accordance with
SCAQMD Rule 403.
7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PM10 emissions.
8) The construction contractor shall utilize electric or clean alternative
fuel-powered equipment where feasible.
9) The construction contractor shall ensure that construction Grading
Plans include a statement that work crews will shut off equipment when
not in use.
10) All residential and commercial structures shall be required to
incorporate high efficiency/low polluting heating, air conditioning,
appliances, and water heaters.
11) All residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 6
Cultural Resources
1) If any prehistoric archaeological resources are encountered before or
during grading, the developer will retain a qualified archaeologist to
monitor construction activities,to take appropriate measures to protect
or preserve them for study. With the assistance of the archaeologist,
the City of Rancho Cucamonga will:
• Enact interim measures to protect undesignated sites from
demolition or significant modification without an opportunity for
the City to establish its archaeological value.
• Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their special
qualities as a theme or focal point.
• Pursue educating the public about the archaeological heritage of
the area.
• Propose mitigation measures and recommend conditions of
approval to eliminate adverse project effects on significant,
important,and unique prehistoric resources,following appropriate
CEOA guidelines.
• Prepare a technical resources management report,documenting
the inventory, evaluation, and proposed mitigation of resources
within the project area. Submit one copy of the completed report,
with original illustrations, to the San Bernardino County
Archaeological Information Center for permanent archiving.
2) If any paleontological resource (i.e. plant or animal fossils) are
encountered before or during grading, the developer will retain a
qualified paleontologist to monitor construction activities, to take
appropriate measures to protect or preserve them for study. The
paleontologist shall submit a report of findings that will also provide
specific recommendations regarding further mitigation measures
(i.e., paleontological monitoring) that may be appropriate. Where
mitigation monitoring is appropriate,the program must include, but not
be limited to, the following measures:
• Assign a paleontological monitor, trained and equipped to allow
the rapid removal of fossils with minimal construction delay, to
the site full-time during the interval of earth-disturbing activities.
• Should fossils be found within an area being cleared or graded,
divert earth-disturbing activities elsewhere until the monitor has
completed salvage. If construction personnel make the discovery,
the grading contractor should immediately divert construction and
notify the monitor of the find.
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097— PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 7
• Prepare, identify, and curate all recovered fossils for
documentation in the summary report and transfer to an
appropriate depository (i.e., San Bernardino County Museum).
• Submit a summary report to the City of Rancho Cucamonga.
Transfer collected specimens with a copy of the report to the
San Bernardino County Museum.
Geology and Soils
1) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and RWQCB)dailyto reduce PM10 emissions,
in accordance with SCAQMD Rule 403 or re-planted with drought
resistant landscaping as soon as possible.
2) Frontage public streets shall be swept according to a schedule
established by the City to reduce PM10 emissions associated with
vehicle tracking of soil off-site. Timing may vary depending upon the
time of year of construction.
3) Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM10 emissions from the site during such
episodes.
4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PM10 emissions.
Hydrology and Water Quality
1) Prior to issuance of Grading Permits, the permit applicant shall submit
to Building Official for approval, Storm Water Pollution Prevention Plan
(SW PPP) specifically identifying Best Management Practices (BMPs)
that shall be used on-site to reduce pollutants during construction
activities entering the storm drain system to the maximum extent
practical.
2) An Erosion Control Plan shall be prepared, included in Grading Plan,
and implemented for the proposed project that identifies specific
measures to control on-site and off-site erosion from the time of ground
disturbing activities are initiated through completion of grading. This
Erosion Control plan shall include the following measures at a
minimum:a)Specify the timing of grading and construction to minimize
soil exposure to rainy periods experienced in southern California, and
b)An inspection and maintenance program shall be included to ensure
that any erosion which does occur either on-site or off-site as a result
of this project will be corrected through a remediation or restoration
program within a specified time frame.
3) During construction, temporary berms such as sandbags or gravel
dikes must be used to prevent discharge of debris or sediment from the
site when there is rainfall or other runoff.
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 8
4) During construction, to remove pollutants, street cleaning will be
performed prior to storm events and after the use of water trucks, to
control dust in order to prevent discharge of debris or sediment from
the site.
5) The developer shall implement the BMPs identified in the Water
Quality Management Plan prepared by MDS Consulting,October 2006,
to reduce pollutants after construction entering the storm drain system
to the maximum extent practical.
6) Landscaping plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides. Landscaped
areas shall be monitored and maintained for at least two years to
ensure adequate coverage and stable growth. Plans for these areas,
including monitoring provisions for a minimum of two years, shall be
submitted to the City for review and approval prior to the issuance of
Grading Permits.
7) Runoff from residential structures will generally be conveyed through
grass areas prior to entering area drains and parkway swales,allowing
for sedimentation, infiltration and filtration, as well as reduce velocityof
runoff and C-factor.
8) Prior to issuance of Building Permits, the applicant shall submit to the
City Engineer for approval of a Water Quality Management Plan
(WQMP), including a project description and identifying Best
Management Practices (BMPs) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent practicable.
The WQMP shall identify the structural and non-structural measures
consistent with the Guidelines for New Development and
Redevelopment adopted by the City of Rancho Cucamonga in
June 2004.
9) Prior to issuance of Grading or Paving Permits, applicant shall obtain a
Notice of Intent(NOI)to complywith obtaining coverage underthe National
Pollutant Discharge Elimination System (NPDES) General Construction
Storm Water Permit from the State Water Resources Control Board.
Evidence that this has been obtained (i.e., a copy of the Waste
Discharger's Identification Number)shall be submitted to the City Building
Official for coverage under the NPDES General Construction Permit.
Noise
1) Exterior: A masonry wall, ranging in height from 5.5 feet to 9.5 feet,
shall be constructed along the perimeter of the project for lots 1-11
along Day Creek Boulevard and the 1-210 Freeway frontage in
accordance with the sound study and Exhibit S1 by Mestre Greve
Associates.
2) Interior: Upon submittal of a Development Review application for
house product on the subdivision, an interior noise analysis will be
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 9
required demonstrating compliance with City's noise standards. The
noise analysis shall include any necessary mitigation measures to
reduce interior noise levels to City Standards.
3) Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday.
4) Construction or grading noise levels shall not exceed the standards
specified in Development Code Section 17.02.120-D, as measured at
the property line. Developer shall hire a consultant to perform weekly
noise level monitoring as specified in Development Code
Section 17.02.120. Monitoring at other times may be required by the
Building Official. Said consultant shall report their findings to the
Building Official within 24 hours; however, if noise levels exceed the
above standards, then the consultant shall immediately notify the
Building Official. If noise levels exceed the above standards, then
construction activities shall be reduced in intensity to a level of
compliance with above noise standards or halted.
5) The perimeter block wall shall be constructed as early as possible in
first phase.
6) Haul truck deliveries shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday. Additionally, if heavy trucks used
for hauling would exceed 100 daily trips(counting both to and from the
construction site), then the developer shall prepare a noise mitigation
plan denoting any construction traffic haul routes. To the extent
feasible, the plan shall denote haul routes that do not pass sensitive
land uses or residential dwellings.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF APRIL 2008.
PLANNING,OOMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: �", �G✓G
Pa Vowart, Chairman
ATTEST: r
Corkran W. Nicholson, Acting Secretary
I, Corkran W. Nichoson, Acting Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced,
passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular
meeting of the Planning Commission held on the 9th day of April 2008, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 08-16
DRC2007-00097 — PENINSULA RETAIL PARTNERS, LLC
April 9, 2008
Page 10
AYES: COMMISSIONERS: FLETCHER. HOWDYSHELL, MUNOZ, STEWART,WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
City of Rancho Cucamonga
- MITIGATION MONITORING
PROGRAM
Project File No.: Tentative Tract Map SUBTT18032 and Variance DRC2007-00097
This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation
measures identified in the Mitigated Negative Declaration)forthe above-listed project. This program
has been prepared in compliance with State law to ensure that adopted mitigation measures are
implemented (Section 21081.6 of the Public Resources Code).
Program Components - This MMP contains the following elements:
1. Conditions of approval that act as impact mitigation measures are recorded with the action and
the procedure necessary to ensure compliance. The mitigation measure conditions of approval
are contained in the adopted Resolution of Approval for the project.
2. A procedure of compliance and verification has been outlined for each action necessary. This
procedure designates who will take action, what action will be taken and when, and to whom
and when compliance will be reported.
3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring
progresses, changes to compliance procedures may be necessary based upon
recommendations by those responsible for the program.
Program Management - The MMP will be in place through all phases of the project. The project
planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project
planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly
and proper action is taken on each mitigation. Each City department shall ensure compliance of the
conditions (mitigation) that relate to that department.
Procedures - The following steps will be followed by the City of Rancho Cucamonga.
1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in
performing monitoring or reporting programs shall be charged to the applicant.
2. A MMP Reporting Form will be prepared for each potentially significant impact and its
corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached
hereto. This procedure designates who will take action,what action will betaken and when,and
to whom and when compliance will be reported. All monitoring and reporting documentation will
be kept in the project file with the department having the original authority for processing the
project. Reports will be available from the City upon request at the following address:
City of Rancho Cucamonga— Lead Agency
Planning Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
MITIGATION MONITORING PROGRAM
TENTATIVE TRACT MAP SUBTT18032 AND VARIANCE DRC2007-00097
Page 2
3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as
determined by the project planner or responsible City department, to monitor specific mitigation
activities and provide appropriate written approvals to the project planner.
4. The project planner or responsible City department will approve, by signature and date, the
completion of each action item that was identified on the MMP Reporting Form. After each
measure is verified for compliance, no further action is required for the specific phase of
development.
5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off
as completed by the project planner or responsible City department at the bottom of the MMP
Reporting Form.
6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation
measures. The project planner is responsible for approving any such refinements or additions.
An MMP Reporting Form will be completed by the project planner or responsible City department
and a copy provided to the appropriate design, construction, or operational personnel.
7. The project planner or responsible City department has the authority to stop the work of
construction contractors if compliance with any aspects of the MMP is not occurring after written
notification has been issued. The project planner or responsible City department also has the
authority to hold certificates of occupancies if compliance with a mitigation measure attached
hereto is not occurring. The project planner or responsible City department has the authority to
hold issuance of a business license until all mitigation measures are implemented.
8. Any conditions (mitigation) that require monitoring after project completion shall be the
responsibility of the City of Rancho Cucamonga Planning Department. The Department shall
require the applicant to post any necessary funds (or other forms of guarantee) with the City.
These funds shall be used by the City to retain consultants and/or pay for City staff time to
monitor and report on the mitigation measure for the required period of time.
9. In those instances requiring long-term project monitoring, the applicant shall provide the City
with a plan for monitoring the mitigation activities at the project site and reporting the monitoring
results to the City. Said plan shall identify the reporter as an individual qualified to know whether
the particular mitigation measure has been implemented. The monitoring/reporting plan shall
conform to the City's MMP and shall be approved by the Community Development Director or
Planning Director prior to the issuance of building permits.
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: Tentative Tract Map SUBTT18032 and Variance DRC2007-00097 Applicant: Peninsula Retail Partners, LLC
Initial Study Prepared by: Donald Granger, Associate Planner Date: February 25, 2008
ResponsibleMitigation Measures No.
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Air Quality
All construction equipment shall be maintained in good PD C Review of plans A/C 2/4
operating condition so as to reduce operational
emissions. The contractor shall ensure that all
construction equipment is being properly serviced and
maintained as per manufacturers' specifications.
Maintenance records shall be available at the
construction site for City verification.
Prior to the issuance of any grading permits, the PD/BO C Review of plans C 2
developer shall submit construction plans to the City
denoting the proposed schedule and projected
equipment use. Construction contractors shall provide
evidence that low-emission mobile construction
equipment will be utilized, or that their use was
investigated and found to be infeasible for the project.
Contractors shall also conform to any construction
measures imposed by the South Coast Air Quality
Management District (SCAQMD) as well as City
Planning staff.
All paints and coatings shall meet or exceed PD C Review of plans A/C 2/4
performance standards noted in SCAQMD Rule 1113.
Paints and coatings shall be applied either by hand or
high-volume, low-pressure spray.
All asphalt shall meet or exceed performance standards BO B Review of plans A/C 2
noted in SCAQMD Rule 1108.
All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4
Rules 402 and 403. Additionally, contractors shall
include the following provisions:
• Reestablish ground cover on the construction site BO C Review of plans A/C 2/4
through seeding and watering.
• Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4
1 of 8
Mitigation Measures No./ Responsible
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
• Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4
areas to erosion over extended periods of time.
• Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4
exposed excavated soil during and after the end of
work periods.
• Dispose of surplus excavated material in BO C Review of plans A 4
accordance with local ordinances and use sound
engineering practices.
• Sweep streets according to a schedule established BO C During A 4
by the City if silt is carried over to adjacent public construction
thoroughfares or occurs as a result of hauling.
Timing may vary depending upon the time of year of
construction.
• Suspend grading operations during high winds (i.e., BO C During A 4
wind speeds exceeding 25 mph) in accordance with construction
SCAQMD Rule 403 requirements.
• Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4
haul trucks or cover payloads using tarps or other Construction
suitable means.
The site shall be treated with water or other BO C During A 4
soil-stabilizing agent (approved by SCAQMD and construction
Regional Water Quality Control Board [RWQCB]) daily
to reduce Fine Particulate Matter (PM,o) emissions, in
accordance with SCAQMD Rule 403.
Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4
RWQCB) shall be applied to all inactive construction construction
areas that remain inactive for 96 hours or more to
reduce PM,a emissions.
The construction contractor shall utilize electric or clean BO C Review of plans A/C 4
alternative fuel-powered equipment where feasible.
The construction contractor shall ensure that BO C Review of plans A/C 2/4
construction grading plans include a statement that work
crews will shut off equipment when not in use.
All residential and commercial structures shall be BO C/D Review of plans C 2/4
required to incorporate high-efficiency/low-polluting
heating,air conditioning,appliances, and water heaters.
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Mitigation Measures No.
Responsible g of Method of Verif led Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
All residential and commercial structures shall be BO C/D Review of plans C 2/4
required to incorporate thermal pane windows and
weather-stripping.
Cultural Resources
If any prehistoric archaeological resources are
encountered before or during grading,the developer will
retain a qualified archaeologist to monitor construction
activities, to take appropriate measures to protect or
preserve them for study. With the assistance of the
archaeologist, the City of Rancho Cucamonga will:
Enact interim measures to protect undesignated PD/BO C Review of report A/D 3/4
sites from demolition or significant modification
without an opportunity for the City to establish its
archaeological value.
Consider establishing provisions to require PD/BO C Review of report A/D 3/4
incorporation of archaeological sites within new
developments, using their special qualities as a
theme or focal point.
Pursue educating the public about the PD/BO C Review of report A/D 3/4
archaeological heritage of the area.
• Propose mitigation measures and recommend PD/BO C Review of report A/D 3/4
conditions of approval to eliminate adverse project
effects on significant, important, and unique
prehistoric resources, following appropriate CEQA
guidelines.
Prepare a technical resources management report, PD C Review of report A/D 3/4
documenting the inventory, evaluation, and
proposed mitigation of resources within the project
area. Submit one copy of the completed report,with
original illustrations, to the San Bernardino County
Archaeological Information Center for permanent
archiving.
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Mitigation Measures No. Responsible
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
If any paleontological resource (i.e. plant or animal PD B Review of report A/D 4
fossils) are encountered before or during grading, the
developer will retain a qualified paleontologist to monitor
construction activities, to take appropriate measures to
protect or preserve them for study. The paleontologist
shall submit a report of findings that will also provide
specific recommendations regarding further mitigation
measures (i.e., paleontological monitoring) that may be
appropriate. Where mitigation monitoring is appropriate,
the program must include, but not be limited to, the
following measures:
• Assign a paleontological monitor, trained and PD B Review of report A/D 4
equipped to allow the rapid removal of fossils with
minimal construction delay, to the site full-time
during the interval of earth-disturbing activities.
Should fossils be found within an area being cleared BO BSC Review of report A/D 4
or graded, divert earth-disturbing activities
elsewhere until the monitor has completed salvage.
If construction personnel make the discovery, the
grading contractor should immediately divert
construction and notify the monitor of the find.
• Prepare, identify, and curate all recovered fossils for PD D Review of report D 3
documentation in the summary report and transferto
an appropriate depository (i.e., San Bernardino
County Museum).
• Submit a summary report to City of Rancho PD D Review of report A/D 4
Cucamonga. Transfer collected specimens with a
copy of the report to San Bernardino County
Museum.
Geology and Soils
The site shall be treated with water or other BO C During A 4
soil-stabilizing agent (approved by SCAQMD and construction
RW QCB)daily to reduce PM,o emissions,in accordance
with SCAQMD Rule 403 or re-planted with drought
resistant landscaping as soon as possible.
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Mitigation Measures
. Responsible Monitoringod of Verif led Sanctions
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Frontage public streets shall be swept according to a BO C During A 4
schedule established by the City to reduce PM,o construction
emissions associated with vehicle tracking of soil
off-site. Timing may vary depending upon the time of
year of construction.
Grading operations shall be suspended when wind BO C During A 4
speeds exceed 25 mph to minimize PM,o emissions construction
from the site during such episodes.
Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4
RWQCB) shall be applied to all inactive construction construction
areas that remain inactive for 96 hours or more to
reduce PM,o emissions.
Hydrology and Water Quality
Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4
shall submit to Building Official for approval a Storm
Water Pollution Prevention Plan (SWPPP), specifically
identifying Best Management Practices (BMPs), that
shall be used on-site to reduce pollutants during
construction activities entering the storm drain system to
the maximum extent practical.
An Erosion Control Plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4
the Grading Plan, and implemented for the proposed
project that identifies specific measures to control
on-site and off-site erosion from the time ground
disturbing activities are initiated through completion of
grading. This Erosion Control Plan shall include the
following measures ata minimum: a)Specify the timing
of grading and construction to minimize soil exposure to
rainy periods experienced in Southern California,and b)
An inspection and maintenance program shall be
included to ensure that any erosion which does occur
either on-site or off-site as a result of this project will be
corrected through a remediation or restoration program
within a specified time frame.
During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4
sandbags or gravel dikes must be used to prevent
discharge of debris or sediment from the site when there
is rainfall or other runoff.
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Mitigation Measures No.
Responsible . . of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4
cleaning will be performed prior to storm events and
after the use of water trucks to control dust in order to
prevent discharge of debris or sediment from the site.
The developer shall implement the Best Management CE B/C/D Review of plans A/C 2/4
Practices (BMPs) identified in the Water Quality
Management Plan (WQMP) prepared by MDS
Consulting, October 2006, to reduce pollutants after
construction entering the storm drain system to the
maximum extent practical.
Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4
controlling and minimizing the use of
fertilizers/pesticides/herbicides. Landscaped areas shall
be monitored and maintained for at least two years to
ensure adequate coverage and stable growth. Plans for
these areas, including monitoring provisions for a
minimum of two years, shall be submitted to the City for
review and approval prior to the issuance of grading
permits.
Runoff from residential structures will generally be CE B/C/D Review of plans A/C 2/4
conveyed through grass areas prior to entering area
drains and parkway swales, allowing for sedimentation,
infiltration and filtration, as well as reduce velocity of
runoff and C-factor.
Prior to issuance of building permits,the applicant shall CE B/C/D Review of plans A/C 2/4
submit to the City Engineer for approval of a WQMP,
including a project description and identifying BMPs that
will be used on-site to reduce pollutants into the storm
drain system to the maximum extent practicable. The
WQMP shall identify the structural and non-structural
measures consistent with the Guidelines for New
Development and Redevelopment adopted bythe City of
Rancho Cucamonga in June 2004.
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Mitigation Measures No.I Responsible
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Prior to issuance of grading or paving permits, the BO B/C/D Review of plans A/C 2/4
applicant shall obtain a Notice of Intent (NOI)to comply
with obtaining coverage under the National Pollutant
Discharge Elimination System (NPDES) General
Construction Storm Water Permit from the State Water
Resources Control Board. Evidence that this has been
obtained (i.e., a copy of the Waste Discharger's
Identification Number) shall be submitted to the City
Building Official for coverage under the NPDES General
Construction Permit.
Noise
Exterior: A masonry wall, ranging in height from 5.5 feet PD C Review of A/C 2/4
to 9.5 feet, shall be constructed along the perimeter of plans/During
the project for Lots 1 through 11 along Day Creek Construction
Boulevard and the 1-210 Freeway frontage in
accordance with the sound study and Exhibit S1 by
Mestre Greve Associates.
Interior: Upon submittal of a Development Review PD/BO B Review of plans C/D 2
application for house product on the subdivision, an
interior noise analysis will be required demonstrating
compliance with the City's noise standards. The noise
analysis shall include any necessary mitigation
measures to reduce interior noise levels to City
standards.
Construction or grading shall not take place between the BO C During A 4
hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction
including Saturday, or at any time on Sunday or a
national holiday.
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Mitigation Measures No./ Responsible Monitoring Timing of
Method of Verif led Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Construction or grading noise levels shall not exceed the BO C During A 4
standards specified in Development Code Section construction
17.02.120-D, as measured at the property line. The
developer shall hire a consultant to perform weekly
noise level monitoring as specified in Development
Code Section 17.02.120. Monitoring at other times may
be required by the Building Official. Said consultant
shall report their findings to the Building Official within
24 hours; however, if noise levels exceed the above
standards, then the consultant shall immediately notify
the Building Official. If noise levels exceed the above
standards, then construction activities shall be reduced
in intensity to a level of compliance with above noise
standards or halted.
The perimeter block wall shall be constructed as early PD C During A A
as possible in the first phase. construction
Haul truck deliveries shall not take place between the PO/BO C During A 4/7
hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction
including Saturday, or at any time on Sunday or a
national holiday. Additionally, if heavy trucks used for
hauling would exceed 100 daily trips (counting both to
and from the construction site),then the developer shall
prepare a Noise Mitigation Plan denoting any
construction traffic haul routes. To the extent feasible,
the plan shall denote haul routes that do not pass
sensitive land uses or residential dwellings.
Key to Checklist Abbreviations
Responsible Person Monitoring Frequency Method of Verification Sanctions
CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map
PD-Planning Director or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit
CE-City Engineer or designee C-Throughout Construction C-.Plan Check 3-Withhold Certificate of Occupancy
BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order
PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds
FC-Fire Chief or designee 6-Revoke CUP
7-Citation
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u COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT #: VARIANCE DRC2007-00097
SUBJECT: VARIANCE FOR WALL HEIGHT
APPLICANT: PENINSULA RETAIL PARTNERS, LLC
LOCATION: APN: 0225-161-65 AND 71
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 Variance DRC2007-00097 is granted subject to the approval of Tentative Tract
SUBTT18032.
3. Copies of the signed Planning Commission Resolution of Approval No. 07-8-16, 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.
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) Mitigated Negative Declaration - $ 1,876.75
B. Time Limits
1. Conditional Use Permit, Variance, or 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.
1
Project No. DRC2007-00097
Completion Date
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SEE ATTACHED
2
Rancho Cucamonga Fire Protection
District
Fire Construction Services
STANDARD CONDITIONS
February 13, 2008
Brett Del Valle
Peninsula Partners, LLC
SFR Tract 18032
SUBTT18032
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
Fire Construction Services staff and the Fire Marshal has approved a requests for
alternate method, as submitted. The request was submitted on the Fire District
"Application for Alternate Method" form along with supporting documents and payment
of fire review fee. The alternative method requires the installation of Fire Sprinklers in all
homes and garages.
• The subdivision is located in the designated Very High Fire Hazard Severity Zone
• A general fire protection plan for the subdivision will be required to be submitted
and approved prior to the approval of building permits
• Landscaping design and plant selection will be limited by the Fire Code and the
District's Wildland-Urban Interface Standard.
• Parcel/home specific fire protection plans or an HOA specific fire protection plan
will be required.
• Homeowners or an HOA will be required to maintain the landscaping as approved in
the original plans. Homes will be subject to annual vegetation management and
defensible space inspections by the Fire District.
FSC-1 Public and Private Water Supply
1. Design guidelines for Fire Hydrants: The following provides design guidelines for the
spacing and location of fire hydrants:
a. The maximum distance between fire hydrants in single-family residential projects is
500-feet. No portion of the exterior wall facing the addressed street shall be more than
250-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed
200-feet.
b. Fire hydrants are to be located. The preferred locations for fire hydrants are:
1. At the entrance(s residential project from the public roadways.
2. At intersections.
3. On the right side of the street, whenever practical and possible.
4. As required by the Fire Safety Division to meet operational needs of the Fire
District.
FSC-2 Fire Flow
1. The required fire flow for this project is 2000 gallons per minute at a minimum residual
pressure of 20-pounds per square inch. This requirement is made in accordance with Fire
Code Appendix III-A, as adopted by the Fire District Ordinances.
2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to
provide the required fire flow subject to Fire District review and approval. Private fire
hydrants on adjacent property shall not be used to provide required fire flow.
3. Firewater plans are required for all projects that must extend the existing water supply to or
onto the site. Building permits will not be issued until firewater plans are approved.
4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of
the proposed project site.
FSC-4 Requirement for Automatic Fire Sprinkler Systems
Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other
applicable standards require an approved automatic fire sprinkler system to be installed in:
1. All structures that do not meet Fire District access requirements (see Fire Access).
2. When required fire flow cannot be provided due to inadequate volume or pressure.
FSC-6 Fire District Site Access
Fire District access roadways include public roads, streets and highways, as well as private
roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire
Department Access — Fire Lanes Standard 9-7. The approved mitigation measures must be
clearly noted on the site plan. A copy of the approved Alternative Method application
must be reproduced on the architectural plans submitted to B&S for plan review.
FSC-9 Single-family Residential Sales Model homes require approved Fire District vehicle
access and water supply from a public or private water main system before construction.
FSC-13 Alternate Method Application
Fire Construction Services staff and the Fire Marshal has approved a requests for alternate
method, as submitted. The request was submitted on the Fire District "Application for Alternate
Method" form along with supporting documents and payment of fire review fee. The alternative
method requires the installation of Fire Sprinklers in all homes and garages.
Chronological Summary of RCFPD Standard Conditions
PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to
the issuance of any building permits:
1. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan
showing the locations of all new public fire hydrants for the review and approval by the Fire
District and CCWD Please reference the RCFPD Water Plan Submittal Procedure Standard
# 9-8.
All required public fire hydrants shall be installed, flushed and operable prior to delivering
any combustible framing materials to the site. CCWD personnel shall inspect the
installation and witness the hydrant flushing. Fire Construction Services shall inspect the
site after acceptance of the public water system by CCWD. Fire Construction Services
must grant a clearance before Building permits are issued.
2