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HomeMy WebLinkAbout10-10 - Resolutions RESOLUTION NO. 10-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING TENTATIVE TRACT MAP 18744,A REQUEST TO SUBDIVIDE 8.85 GROSS ACRES OF LAND INTO 30 SINGLE-FAMILY LOTS IN THE LOW RESIDENTIAL DISTRICT (2 TO 4 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF THE SR-210 FREEWAY WEST BOUND OFF RAMPAT DAY CREEK BOULEVARDAND THE WEST SIDE OF STABLE FALLS AVENUE,AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0225-161-19, 32, 33, AND 34. A. Recitals. 1. FB Holdings, LLC filed an application for the approval of Tentative Tract Map SUBTT18744, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Tentative Tract Map request is referred to as "the application." 2. On the 24th day of February 2010, and continued to March 10, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing February 24, 2010, and continued to March 10, 2010, 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 north of the SR-210 Freeway westbound off ramp at Day Creek Boulevard and the west side of Stable Falls Avenue, with an approximate street frontage of 400 feet and lot depth of 660 feet and is presently vacant. The site generally slopes from north to south with alluvial fan sage brush as the predominant vegetation type; and b. The property to the north of the subject site is developed with single-family residences and is zoned Low Residential; the property to the south is the SR-210 Freeway; the property to the east is developed with single-family residences and is zoned Very Low Residential; the property to west is partially developed with a single-family residence and is zoned Low Residential; and C. The project design meets all required Development Standards of the Etiwanda North Specific Plan; and d. The site has been evaluated for the occurrence potential of sensitive habitat and protected species. The applicant's environmental consultant recommends that the loss of alluvial PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 2 fan scrub habitat on the site be mitigated at a rate of 50 percent of the alluvial fan sage scrub habitat that will be lost when the site is graded for development. This translates into 2.9 acres of mitigation land (5.8 acres of alluvial fan sage scrub on the site X .5). The level of required mitigation was reduced to less than 1:1 because of the isolation of the project site from other areas containing high value habitat in the City; and e. The applicant has proposed to install fire sprinklers in the homes because the street length exceeds 600 feet, which will satisfy the requirements of the Fire Code since there will be no secondary access until the adjoining vacant property to the west is developed. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract map is consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract map is not likely to cause serious public health problems; and f. The design of the tentative tract map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, 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; PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 3 and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) The subdivision will be developed in accordance with plans on file in the Planning Department, as approved by the Planning Commission. 2) The applicant shall purchase a minimum 2.9 acres of alluvial fan scrub habitat prior to the approval and issuance of Rough Grading Permits for the site. To verify compliance, the applicant shall submit written documentation that evidences purchase of the 2.9 acres of habitat. 3) 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. 4) All perimeter walls shall be decorative and have a uniform design that is compatible with those in the area. PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 4 5) All retaining walls visible to public view shall be decorative, such as split-face block or an alternative design, subject to Planning Director review and approval. 6) A perimeter wall shall be constructed around the subdivision in accordance with the recommendations and mitigation measures made in the acoustical reports by Giroux & Associates, on file with the Planning Department under SUBTT18744. The sound wall shall match the design of the existing sound wall to the east. 7) The applicant shall make a good-faith-effort to obtain permission from the property owner to the east to close the gap between the proposed sound wall and the existing sound wall to the east. If the applicant is not able to secure permission from the adjacent property owner (APN: 0225-411-23), the developer shall submit an alternative design that is acceptable to the Planning Director and is certified by an acoustical engineer to be in conformance with the noise standards of the Development Code. 8) The Developer shall provide written notice, in the form of a disclosure, to each prospective buyer of the Fourth Street Rock Crushing Facility located northwest of the project site. The disclosure shall inform the homebuyer of the use of Banyan Street and Day Creek Boulevard as a truck route to and from the rock crushing facility and the occurrence of truck traffic noise. 9) Perimeter walls shall be placed at the top-of-slope with a 2-foot bench. 10) The developer shall provide each prospective buyer of corner lots written notice of maintaining the landscaped parkway. The written notice shall be signed by the prospective buyer prior to acceptance of cash deposit on the property. 11) Provide a 5-foot minimum landscape area between the back of the sidewalk and 6-foot block wall on all corner side lots. 12) When an application for development of the subdivision is filed, a detailed indoor noise analysis by a registered engineer shall be submitted to determine the required building upgrades necessary, if any, to meet the City's indoor noise level requirements. 13) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 14) 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. PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 5 15) Future house product for the subdivision shall adhere to the architectural guidelines of the Etiwanda North Specific Plan. Engineering Department 1) Rodeo Drive, Elkridge Place, Deer Valley Court and Stable Falls Avenue frontage improvements to be installed in accordance with City "Local Street" standards. 2) Revise City Drawing No. 2094 to add catch basins, curbside drain outlets and any drive approach and street tree relocations. Also correct any changes to City standards that may have occurred since more than a year has passed since these plans were approved. 3) Storm drain facilities shall connect with existing storm drain system per Drawing No. 1417-D, which shall be revised per the Final Drainage Report. a) Final Drainage Report shall be reviewed by Caltrans as well as the City Engineer. 4) Provide curbside drain outlets on any lot which will discharge concentrated swale drainage through the right-of-way. a) We prefer a curbside drain outlet for Lot 11 instead of extending a storm drain lateral to collect private run-off from the vacant property north of Lot 11. 5) The developer shall make a good faith effort to obtain off-site rights-of-way for grading and drainage from the property to the west of Elkridge Place and north of Lot 11 (APN: 0225-161-59). a) Obtain a right of entry to install a private drainage facility north of a perimeter wall placed on the Lot 11 property line, along with agreement by the adjacent property owner to maintain said facility. If unsuccessful, the facility shall be located on Lot 11, in a drainage easement in favor of the adjacent property. Design of said facility shall be to the satisfaction of the Planning Director and Building Official. If on-site facility is north of the perimeter wall, provide a gate for maintenance access by the owner of Lot 11. Inlet to the curbside drain outlet shall be located in front yard of Lot 11; not outside the perimeter fencing. b) Obtain a right of entry to grade to Elkridge Place, per Section K-K on the conceptual grading plan. If successful, revise Drawing No. 2094 (if unsuccessful, install interim property line wall per the existing approved plan). c) Drainage from property to the north of Lot 11 shall be treated per the WQMP prior to entering the public storm drain. PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 6 6) Drainage from only one lot shall flow through only one other lot. Cross-lot drainage between any two lots shall be contained and conveyed in a concrete, rock-lined swale or 12-inch reinforced concrete pipe. Provide a private drainage easement on the map at all cross-lot drainage locations. Infiltration drainage trench (WQMP) are also acceptable for containment and conveyance of cross lot drainage at locations approved by the Building Official. 7) Homeowners of Lots 14, 17, 25 and 26 shall maintain the proposed parkway and the planting area between the back of sidewalk and the perimeter wall along the side yards. Side yard walls shall not project beyond the front of houses, so these areas are clearly visible to the homeowners. 8) Parkways shall slope at 2 percent from the top of curb to 1-foot beyond the sidewalk along all street frontages, except in locations of approved bio swales. 9) Temporary fencing at the ends of the streets stubbed for future extension (Elkridge Place)shall extend beyond the street right-of-way, to perimeter wall corners on side yards or building setback lines on front yards (see Lot 12). 10) Private landscaping plan shall indicate"Street trees to be.installed per the public improvement plans." The legend and typical construction notes should only appear on the public plans, including any details and dimensions relating to the bio-swales. 11) Individual homeowners shall be responsible for maintaining all facilities required by the Water Quality Management Plan (WQMP) within the public right-of-way, as provided for in Covenants, Conditions and Restrictions, or said WQMP, recorded prior to or concurrent with the final map. Building and Safety— Grading 1) The site shall be rough graded to eliminate all cross-lot drainage, (except as shown on the approved Tentative Tract Map). All slopes and retaining walls necessary to accomplish this shall be installed prior to final map approval. A cross-lot drainage easement shall be provided either on the final map or by a separate easement prior to issuance of a Certificate of Occupancy. 2) Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard-lined gutters and swales where concentrated flows exceed 3fps and anywhere that flow lines exceed 10 percent. PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 7 3) The surface overflow drainage easement on Lot 1 shall be graded to convey overflows in the event of blockage in the sump catch basin on Lot 1 and provisions shall be made for overflows to pass through any walls placed across the easement. 4) Prior to removing fences or walls along common lot lines, and prior to constructing walls along common lot lines,the applicant shall provide a letter from the adjacent property owner(s) allowing work on the adjacent property. 5) The applicant shall provide to the Building and Safety Official a letter of permission to grade for temporary construction onto the adjacent property or a recorded easement for permanent slopes from the affected property owners for all grading on the adjacent property. Water Quality Management Plan (Building and Safety Department) 1) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading permit. 2) The Water Quality Management Plan dated October 27, 2009, prepared by MDS Consulting has been deemed "Approved with Corrections." Please make the corrections noted below prior to recordation of the document. City staff recommends prior to recording the"Memorandum of Agreement of Storm Water Quality Management Plan," you requested the document to be reviewed for completeness. Please contact Matthew Addington in the Building and Safety Department for review of the document. a) Section 6 of the Water Quality Management Plan — please use the City of Rancho Cucamonga's"Memorandum of Agreement of Storm Water Quality Management Plan" in lieu of retyping the agreement. The agreement provided contains spelling errors, is missing sentences and references the Engineering Department instead of the Building and Safety Department. A copy of the "Memorandum of Agreement of Storm Water Quality Management Plan" may be picked up at the Building and Safety front counter. 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 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 8 maintained as per man ufacturers'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 City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 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 time of year of construction. • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB])daily to reduce Fine Particulate Matter(PMio)emissions, in accordance with SCAQMD Rule 403. PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 9 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 structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) The applicant shall purchase a minimum 2.9 acres of alluvial fan scrub habitat prior to the approval of Rough Grading Permits for the site. 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 CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 10 with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring)that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCB) daily to reduce PM,o 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 PM,o 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 PM,a 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 PM,o emissions. PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 11 Hydrology and Water 1) Prior to issuance of Grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by MDS Consulting, October 27, 2009, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744 — FB HOLDINGS, LLC March 10, 2010 Page 12 pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of Grading or Paving Permits, the 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 1) A solid masonry wall of heights shown in Figure 3 of the sound analysis (Giroux & Associates; October 12, 2009) shall be erected along the southern perimeter of the tract. 2) An interior noise study shall be performed at time of building plan check to verify that the interior noise levels will be in conformance with the required noise standards. 3) 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. 4) 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. 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 PLANNING COMMISSION RESOLUTION NO. 10-10 SUBTT18744— FB HOLDINGS, LLC March 10, 2010 Page 13 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 10TH DAY OF MARCH 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard B. Fletcher, Chairman ATTEST: JL��- Jant/R. Troyer, AICP, Secr tary 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 10th day of March 2010, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: SUBTT18744 and DRC2009-00029 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). . Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP.The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program TENTATIVE TRACT MAP SUBTT8744 AND DRC2009-00029— FB HOLDINGS LLC 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 bythe 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.: SUBTT18744 AND DRC2009-00029 Applicant: FB HOLDINGS. LLC Initial Study Prepared by: MDS CONSULTING Date: January 25. 2010 ResponsibleMitigation Measures No.I g of Method . 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: 1 of 9 Mitigation of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. • Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 • Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of plans A 4 accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adjacent public construction thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • Suspend grading operations during high winds (i.e., BO C During A 4 wind speeds exceeding 25 mph) in accordance with construction SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RWQCB)) daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAOMD Rule 403. Chemical soil-stabilizers (approved by SCAQMD and. BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel-powered equipment where feasible. 2 of 9 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance The construction contractor shall ensure that BO C Review of plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equipment when not in use. All residential structures shall be required to incorporate BO C/D Review of plans C 2/4 high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. All residential structures shall be required to incorporate BO C/D Review of plans C 2/4 thermal pane windows and weather-stripping. Biological Resources The applicant shall purchase a minimum 2.9 acres of PD B Review of plans C/D 1/2/4 alluvial fan scrub habitat prior to the approval of Rough, Grading Permits for the site. 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. 3 of 9 Mitigation Measures No. Responsible of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • 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. 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 summary report to City of Rancho PD D Review of report D 3 Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. 4 of 9 Mitigation Measures No. Responsible of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Geology and Soils The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction RWQCB)dailyto reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM,o construction emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM10 emissions construction from the site during such episodes. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,a emissions. Hydrology and Water Quality Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 5 of 9 Mitigation Measures No. Responsible of Verified Sanctions for MonitoringImplementing Action for Non-Compliance An Erosion Control Plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4 the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California,and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4 cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. The developer shall implement the BMPs identified in. BO B/C/D Review of plans A/C 2/4 the Water Quality Management Plan prepared by MDS Consulting,October 27,2009,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. 6 of 9 Mitigation Measures No./ Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prior to issuance of building permits,the applicant shall BO B/C/D Review of plans A/C 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs)that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 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 A solid masonry wall of heights shown in Figure 3 of the PD B Review of plans C 2 sound analysis(Giroux&Associates;October 12,2009) shall be erected along the southern perimeter of the tract. An interior noise study shall be performed at time of PD B Review of plans C 2 building plan check to verify that the interior noise levels will be in conformance with the required noise standards. 7 of 9 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verification Date Anitials 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. Construction or grading shall not take place between the 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. 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. 8 of 9 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-R vo'2 CUP 7-Citation 9 of 9 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTT18744 AND DRC2009-00029 SUBJECT: TENTATIVE TRACT MAP SUBTT18744 AND VARIANCE DRC2009-00029 APPLICANT: F. B. HOLDINGS, LLC LOCATION: APN: 0225-161-19, 32, 33, AND 34 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 Tentative Tract No. SUBTT18744 is granted subject to the approval of DRC2009- 00029. 3. Copies of the signed Planning Commission Resolution of Approval No. 10-10, 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 -$2,060.25 X SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc Project No.SUBTT18744 AND DRC2009-00029 Completion Date B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 2. Variance 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, Development Code regulations, and the Etiwanda North Specific Plan. 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. 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. 8. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 9. 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 Engineering Services Department review and approved prior to the issuance of building permits. 10. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and Engineering Services Department 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. 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc Project No.SUBTT18744 AND DRC2009-00029 Completion Date 11. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall --- condition 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. 12. Construct block walls between homes(i.e.,along interior side and rear property lines),rather than wood fencing for permanence, durability, and design consistency. 13. Access gates to the rear yards shall be constructed from a material more durable than wood gates. Acceptable materials include, but are not limited to, wrought iron and PVC. 14. For residential development, return walls and corner side walls shall be decorative masonry. 15. On corner side yards,provide minimum 5-foot setback between walls/fences and sidewalk. The 5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for Planning Director review and approval prior to issuance of building permits. The parkway landscaping including trees,shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. D. Environmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the Planning Director,prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the 210 and 1-15 Freeways in a standard format as determined by the Planning Director, prior to accepting a cash deposit on any property. 3. Noise levels shall be monitored after construction to verify the adequacy of the mitigation measures. Noise levels shall be monitored by actual noise level readings taken on-and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. 4. 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. 5. The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. 6. 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$557 prior to the issuance of building permits,guaranteeing satisfactory performance 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc Project No.SUBTT18744 AND DRC2009-00029 Completion Date 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. 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) E. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., SUBTT18744 and DRC2009-00029) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet"signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Department staff for information and submittal requirements. F. 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., SUBTT18744 and DRC2009-00029). 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 4 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc Project No.SUBTT18744 AND DRC2009-00029 Completion Date 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. G. 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. H. Grading _J__/- 1. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s)shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Two copies will be provided at Grading and Drainage Plan submittal for review. Plans shall implement design recommendations per said report. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan review. 4. The final Grading and Drainage 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 and drainage 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 and Drainage Plan shall be prepared, stamped, and signed by a California registered Civil Engineer. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 7. If a rough Grading and Drainage Plan/permit are submitted to the Building and Safety Official for review,that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 8. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a Grading Permit. All reports shall be wet signed and sealed by the Engineer of Record. 9. It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a Grading Permit 5 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-1o.doc Project No.SUBTT18744 AND DRC2009-00029 Completion Date 10. It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance letter(s) from adjacent downstream property owner(s) discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a grading permit. 11. It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct a wall on the property line or provide a detail(s) showing the perimeter wall(s) to be constructed off-set from the property line. 12. The Grading and Drainage Plan shall implement City standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 13. All slopes shall be a minimum 2-foot off-set from the public right-of-way or adjacent private property. 14. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. 15. The final Grading and Drainage Plan shall show existing topography a minimum of 100 feet beyond the project boundary. 16. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 17. The precise Grading and Drainage Plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit" 18. Grading Inspections: a. Prior to the start of grading operations,the owner and the grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor,and the Building Inspector to discuss the grading requirements and preventative measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b. The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations; i. The bottom of the over-excavation; ii. Completion of rough grading, prior to issuance of the building permit; iii. At the completion of rough grading,the grading contractor or owner shall submit to the permit technicians(Building and Safety front counter)and original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and soils Engineer of Record. iv. The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 6 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18744StdCond 3-10.doc Project No.SUBTT18744 AND DRC2009-00029 Completion Date APPLICANT SHALL CONTACTTHE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails,public paseos, public landscape areas,street trees,traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Corner property line cutoffs shall be dedicated per City Standards. 3. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 4. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. J. Street Improvements 1. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure 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, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 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 Rodeo Drive X X X X X X (e) Elkridge Place X X X X X X Deer Valley Court X X X X X X (e) Stable Falls Avenue X X X X (e) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Access ramps 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 7 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\SUBTT18744SIACond 3-10.doc Project No.SUBTT18744 AND DRC2009-00029 completion Date 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 Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets,a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in _/_/_ accordance with the City's street tree program. K. 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 Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. L. 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. 8 I:\PLANNING\FINAL\PLNGCOMM\2010 Res &Stf Rpt\SUBTT18744StdCond 3-10.doc Project No.SUBTT18744 AND DRC2009-00029 Completion Date M. 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(CVW D), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. N. General Requirements and Approvals 1. 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. 2. 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 Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services 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: O. 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. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 9 (:\PLANNING\FINAL\PLNGC0MM\2010 Res &Stf Rpt\SUBTT18744StdCond 3-10.doc 1 �.4 Rancho Cucamonga Fire Protection District —' Fire Construction Services STANDARD CONDITIONS December 2, 2009 FB Holdings, LLC 12470 Highland North of SR-210 East of Day Creek (26) SFR lots SUBTT18744 Fire Construction Services staff and the Fire Marshal have approved the request for an alternate method, as submitted. All the homes on this site will be required to be equipped with AFS excluding those that face Stable Falls; The homes, garages and attics will be require to be equipped with residential fire sprinklers in accordance with NFPA 13-D. THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply Design guidelines for Fire Hydrants: Fire ;hydrants shall be located in accordance with the 2007 California Fire Code, RCFPD Ordinance FD46 and RCFPD Standard 5-10 (formally 9-8). FSC-2 Fire Flow The fire flow for this project will be calculated in gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with 2007 Fire Code, as adopted by the Fire District Ordinance. 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 have approved the request for alternate method, as submitted. All the homes on this site will be require to be equipped with AFS excluding those that face Stable Falls; The homes, garages and attics will be require to be equipped with residential fire sprinklers in accordance with NFPA 13-D. Reference the approved application. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure in Standard #5- 10. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #5-1 (formally 9-7). All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 3. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Public Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. 3. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. 2 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: TENTATIVE TRACT MAP SUBTT18744 AND VARIANCE DRC2009-00029 Public Review Period Closes: February 24, 2010 Project Name: Project Applicant: FB Holdings, LLC Project Location (also see attached map): Located on the north side of the SR 210 Freeway west bound off ramp at Day Creek Boulevard and the west side of Stable Falls Avenue - APN: 0225-161-19, 32, 33, and 34. Project Description: FB Holdings, LLC -A request to subdivide 8.85 gross acres of land into 30 single-family lots and a request to allow combination retaining and freestanding wall heights up to 16 feet to reduce freeway traffic noise in the Low Residential District(2 to 4 dwelling units per acre) of the Etiwanda North Specific Plan. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. March 10, 2010 Date of Determination Adopted By