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HomeMy WebLinkAbout11-15 - Resolutions RESOLUTION NO. 11-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2009-00843, FOR THE CONSTRUCTION OF A 61,800 SQUARE FOOT MULTI-TENANT COMMERCIAL CENTER WITH A DRIVE-THRU AND THE RELATED TREE REMOVAL PERMIT DRC2009-00861 TO ALLOW THE REMOVAL AND REPLACEMENT OF 123 EUCALYPTUS TREES AND UNIFORM SIGN PROGRAM DRC201 1- 00043, LOCATED 65 FEET WEST OF THE NORTHWEST CORNER OF FOOTHILL BOULVARD AND EAST AVENUE IN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4) IN THE COMMUNITY COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF—APN's: 1100-201-03 AND 07. A. Recitals. 1. Kamran Benji filed an application for the issuance of Conditional Use Permit DRC2009-00843, Tree Removal Permit DRC2009-00861, and Uniform Sign Program DRC201 1- 00043 as described in the title of this Resolution. Hereinafter in this Resolution, the subject applications are collectively referred to as "the application." 2. On the 23rd day of March 2011, 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 on March 23, 2011, 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 approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue with a street frontage of 638 feet and lot depth of 510 feet and is presently vacant with a water facility operated by the Cucamonga Valley Water District near the northwest corner of the property and contains a diminished grove of Eucalyptus camaldulensis; and b. The property to the north of the subject site is vacant land zoned Community Commercial, the property to the south consists of multi-family residences in the Medium Residential District, the property to the west is a Southern California Edison Utility Corridor in the Open Space District and all of these properties are located within the Foothill Boulevard Specific Plan PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 2 (Subarea 4), and the properties to the east are single-family residences located within the City of Fontana; and C. The applicant has concurrently applied for a Development Review (DRC2009-00842) for the development/ design of the site and a Development Code Amendment (DRC2010-00562) to amend the current text in Development Code Section 17.32.080 (D)(6)(c) to allow removal and replacement of the grove of trees on the 6.99 acre site and the removal of the 20-foot wide Greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park; and d. Approval of the application and the related Development Reviewwill be contingent on the final approval of the Development Code Amendment(DRC2010-00562) at City Council;and e. The property is located with in the Foothill Boulevard Visual Improvement Plan (VIP), which provides specific right-of-way design concepts that need to be installed as part of the project. In the General Plan and the VIP the site is considered a gateway property and provides Entry Monument designs that span the width of Foothill Boulevard; and f. The project design meets or exceeds the Foothill Boulevard Specific Plan Development standards for setbacks, building separations, and design; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan by encouraging the creation of retail destinations to provide a range of amenities and high-quality development to adequately meet the needs of the growing population base. The objectives of the Development Code and the purposes of the Development District in which the site is located are met by processing this Conditional Use Permit which is required in the Development Code. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity. C. The proposed use complies with each of the applicable provisions of the Development Code by meeting or exceeding the Foothill Boulevard Development Districts development standards for setbacks, building separations, height, and design of the project. 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 PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 3 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 furtherfinds 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) This approval is for Conditional Use Permit DRC2009-00843 for the construction a 61,800 square foot multi-tenant retail shopping center with a drive—thru on Pad A at the subject site and for Tree Removal Permit DRC2009-00861, and Uniform Sign Program DRC2011-00043 for signage design. Plans submitted for plan check shall conform to the plans approved by the Design Review Committee on February 1 st and 15th, 2011, and final Planning Commission approval on March 23, 2011. 2) No exterior changes to the design of the project, including exterior materials, or site plan changes shall be permitted without prior City review and approval. 3) Approval of Conditional Use Permit DRC2009-00843, Tree Removal Permit DRC2009-00861, and Uniform Sign Program DRC2011-00043 shall be contingent upon the City Council's approval of the associated PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 4 Development Code Text Amendment (DRC2010-00562) for Section 17.32.080(D)(6)(c) of the Rancho Cucamonga Development Code to allow the removal and replacement of the grove of 123 trees on the subject site and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park. 4) All above ground backflow devices and double detector check valves shall be screened from view per the City's approved screening policy. Engineering Department 1) Install Foothill Boulevard frontage improvements in accordance with City "Major Divided Highway" standards, from Cornwall Avenue to East Avenue, as required and including: a. Provide curb and gutter, sidewalk, street trees (along development frontage only), 16,000 Lumens HPSV street lights, commercial drive approaches, access ramps at intersections, R26(s) "No Stopping" signs and asphalt pavement, on the north side. Join existing improvements installed as part of Tract 16882. b. Provide 47 feet from street centerline to north curb face, except bus bay (additional 11 feet). C. Provide a westbound bus bay/right turn lane for easterly driveway and no right turn lane for westerly driveway on Foothill Boulevard. d. Revise traffic signing and striping, as required. e. Provide an "In Only" left turn lane on Foothill Boulevard at the westerly driveway. This left turn lane shall be 250 feet in length, which may require extending median further west to centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. Left turn from driveway to eastbound Foothill Boulevard will not be allowed. f. Relocate existing median monument and extend pavers across the left turn lane. g. Proposed median monument shall not exceed 5-foot 2-inches in width and must comply with the City Line of Sight criteria. h. Dedication shall be made on Foothill Boulevard, a minimum of 60 feet, measured from street centerline. Additional street right-of-way shall be dedicated along bus bay, to provide a minimum of 7 feet measured from the face of the curb. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 5 i. Easement for public sidewalks placed outside the public right-of-way shall be dedicated to the City. j. Transition the proposed curb and gutter to the modified curb return at East Avenue as much as possible within existing rights-of-way. k. Developer may request a reimbursement agreement to recover costs of permanent offsite improvements from future developer of the adjacent property, west of the centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. If the developer fails to submit for said reimbursement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 2) Modify existing traffic signal at Foothill Boulevard and East Avenue, to the satisfaction of the City Engineer. 3) Reconstruct Foothill Boulevard Median Island including landscaping and irrigation per City Drawing No. 2255-L. a. Revise Drawing. No's. 2255 and 2255-L to show the proposed median opening, median monument relocation and left turn lane with westerly median extension as needed. b. Extend the existing pavers up to the new median left turn curb. C. Since median has been constructed by others, developer shall pay their fair share which is half the actual costs. 4) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Visual Improvement Plan including street lights. This VIP designates trees, pedestrian crossings at intersections, featuring colored pavement emblazoned with the Route 66 logo, special sidewalk treatments, artwork and a historic post and a cable roadway safety barrier. Said enhancements within the parkway area shall be maintained by the developer and shall be included in the CC & R's. 5) Revise Drawing No. 2255-D to show proposed lateral and catch basin in Foothill Boulevard and junction structure for private storm drain connection. 6) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Foothill Boulevard shall be undergrounded from the first pole offsite east of East Avenue to the first pole offsite west of the westerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. All PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 6 service utility lines crossing Foothill Boulevard shall be undergrounded too. The developer cannot request a reimbursement agreement to recover one-half the City adopted cost for undergrounding, Instead the City shall provide a portion of collected monies from the developer to the south, DRC2006-00540, paid for as an in-lieu fee for future undergrounding of said overhead utilities. a. Relocation of 66KV power poles by Southern California Edison Company if necessary shall be paid for and coordinated by the developer on Foothill Boulevard and East Avenue. 7) The development requires installation of fiber optics conduits, vaults, and manholes per City Standard Plans 135-137 on Foothill Boulevard. Also,the improvement plans need to show the location and limits of the conduits,vaults, and manholes with construction notes using Standard Plans 135-137. 8) The site is located within Area 8 (modified) of the Etiwanda/SanSevaine Area Drainage Policy. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted drainage fee (Master Plan and Regional) as well as reimbursement to other development, or the City, for over sizing of local drainage facilities as determined by the City Engineer. City fees shall be paid prior to first building permit. a. For the Middle Etiwanda Drainage Area, the Master Plan Drainage fee is $31,380.00 per net acre. Fees are subject to periodic review and increase. b. For Drainage Area 8, the Regional Mainline Drainage fee is $7,800.00 and there is no Secondary Regional Fee. Fees are subject to periodic review and increase. 9) Permits shall be obtained from the following agencies for work within their right-of-way, prior to issuance of building permits: Southern California Edison Company, Southern California Gas Company and Cucamonga Valley Water District. a. Provide Cucamonga Valley Water District access to their property as well as Southern California Edison Company and Southern California Gas Company.. 10) Provide reciprocal access easements in favor of property to the north, prior to issuance of building permits. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 7 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 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 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. 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. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 8 • 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 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) Projects shall be developed under the adopted 2010 General Plan Update implementing the following measures, derived from the SCAQMD's AQMP, where feasible, in order to reduce criteria air pollutant emissions, primarily related to vehicular travel and energy. Potential measures for consideration in future projects include: • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. • Provide preferential parking to high occupancy vehicles and shuttle services. • Schedule truck deliveries and pickups during off-peak hours. • Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. • Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. • Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 11) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 12) All industrial and commercial facilities shall designate preferential parking for vanpools. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 9 13) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 14) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 15) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 16) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 17) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008, to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e.,fireplaces/hearths) in new development on or after March 9, 2009. Biological Resources 1) The removal of any Heritage Trees from the site shall require a one-to-one replacement of the trees with a similar type 15-gallon species. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend Conditions of Approval to eliminate adverse project effects on significant, PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 10 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 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 a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 11 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 the 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. 2) An Erosion Control Plan shall be prepared, included in 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. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole and Associates June 14, 2010, 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. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 12 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) 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) Prior to the issuance of any Grading Plans a construction-related Noise Mitigation Plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner in which it would cause a noise disturbance to residential areas. 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. 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. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 13 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 23RD DAY OF MARCH 2011. PLANNING COMMI NOF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Ja q es R. Troyer, AICP, ISecretary 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 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ , OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT . STANDARD CONDITIONS PROJECT#: DRC2009-00843 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: KAMRAN BENJI LOCATION: NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 11-15, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration -$ 2,094.00 X SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2011 Res &Stf Rpt\DRC2009-00843 StdCond 3-23.doc Project No.DRC2009-00843 Completion Date 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. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department,the conditions contained herein and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon,all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. 5. 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. 6. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 7. Trash receptacle(s)are required and shall meet City standards. The final design, locations,and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 10. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, owners' 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. 2 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc Project No. DRC2009-00843 Completion Date D. Shopping Centers 1. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Department review and approval prior to the issuance of building permits. 2. Provide for the following design features in each trash enclosure, to the satisfaction of the Planning Director: a. Architecturally integrated into the design of(the shopping center/the project). b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. C. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 3. Graffiti shall be removed within 72 hours. 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 5. Signs shall be conveniently posted for"no overnight parking" and for "employee parking only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading,opening,closing,or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m.unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers,exposed aggregate,integral color concrete,or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits. 8. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of building permits. 9. The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 3 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc Project No. DRC2009-00843 Completion Date 10. All future projects within the shopping center shall be designed to be compatible and consistent with the architectural program established. 11. Cart corrals shall be provided for temporary storage. No permanent outdoor storage of shopping carts shall be permitted unless otherwise approved by the Planning Commission. The shopping carts shall be collected and stored at the approved designated place at the end of each workday. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, and exits shall be striped per City standards. 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 6. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. G. Trip Reduction 1. Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided. Bus shelters shall also include a bench, a trash receptacle, and an adjoining bike rack (minimum 3 capacity)on a concrete pad. Bus shelter shall be located outside public right-of-way and shall be privately maintained. 4 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc Project No. DRC2009-00843 Completion Date H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and landscaping, shall be _I_/_ prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. J. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All roof openings giving access to the building shall be secured with either iron bars, metal gates, or alarmed. K. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. 2. Security glazing is recommended on storefront windows to resist window smashes and impede entry to burglars. L. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 5 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc Rancho Cucamonga Fire Protection District a _ Fire Construction Services STANDARD CONDITIONS December 20, 2010 Piazza Del Vino Emporia Investment LLC NWC Foothill & East Ave. DRC2009-00842 & 843 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonga.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2625 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Fire protection water 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 fire protection water plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements 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. Commercial or industrial structures greater than 7,500 square feet. 2. Group "A" Occupancies. 3. "E" Occupancies with an occupant load of 50 or more persons. 4. All structures that do not meet Fire District access requirements (see Fire Access). 5. When required fire flow cannot be provided due to inadequate volume or pressure. 6. When the building access does not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #9-7 7. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system. Plan check approval and a building permit are required Prior to the installation of the fire alarm system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. 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 Roadways Std #9-7. 1. Location of Access: All portions of the structures 1't story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6- inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. 2 b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock. The lock must be purchased at the Fire Administration Office. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail- safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-9b. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Dry Cleaning Plants • Refrigeration Systems • Repair Garages • Tents, Canopies and/or Air Supported Structures LPG or Gas Fuel Vehicles in Assembly Buildings 3 FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement — Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant — Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. 4 All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 5 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 '/z" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. 6 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.: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009- 00842 - FOOTHILL & EAST LLC - KAMRAN BENJI. Public Review Period Closes: March 23, 2011 Project Name: Project Applicant: FOOTHILL& EAST LLC. Project Location (also see attached map): Located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue -APN: 1100-201-03 & 07. Project Description: A Request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill 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 23, 2011 Date of Determination Adopted By '�