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HomeMy WebLinkAbout11-39 - Resolutions RESOLUTION NO. 11-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SUBTT18806, A REQUEST TO CREATE A 33-LOT TENTATIVE TRACT MAP ON 10.35 ACRES LOCATED IN THE LOW-MEDIUM (LM) DEVELOPMENT DISTRICT OF THE ETIWANDA SPECIFIC PLAN (ESP) ON THE NORTH SIDE OF BASE LINE ROAD BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-131-03, 08 AND 62. A. Recitals. 1. Lewis Operating Corporation filed an application for the approval of Tentative Tract Map SUBTT18806, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of September 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 September 14, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 10.35-acre project site is located on the north side of Base Line Road between Etiwanda and East Avenues. There is a single-family residence on the site that will be demolished with approval of the project. A row of Eucalyptus trees lines the east property line along with a scattering of other trees of various species. The property drains roughly north to south; and b. The site is located within the Low-Medium (LM) Development District of the Etiwanda Specific Plan. The lots range in size from 8,144 to 14,103 square feet and average 10,142 square feet, which is above the minimum required lot size of 7,200 square feet and average lot size of 10,000 square feet; and C. North of the site is the Pacific Electric Trail zoned Open Space (OP); and south across Base Line Road, east and west of the site, are existing single-family residents that are zoned Low-Medium (LM) Residential. d. The project was designed to conform to all the development requirements outlined in the Etiwanda Specific Plan for the Low-Medium (LM) Residential District. PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 2 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 project is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are 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 project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 3 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) Approval is for the subdivision of 10.35 acres into 33 single-family lots located on the north side of Base Line Road between Etiwanda Avenue and East Avenue -APN: 0227-131-03, 08 and 62. 2) The trail connection to the Pacific Electric Trail is required and must remain open in perpetuity. Engineering Department 1) Base Line Road frontage improvements are to be in accordance with City "Major Divided Arterial" standards and Etiwanda Specific Plan Figure 5-21, including: a) Provide curb and gutter, curvilinear sidewalk, street lights, and asphalt pavement. b) Provide a bike lane along Base Line Road frontage. c) Provide traffic striping and signage and R26(s) signs, as required. d) Modify Traffic Signal and loops at Base Line Road and Shelby Place intersection to accommodate Pecan Avenue (Shelby Place north) as required. e) Existing median nose on Base Line Road shall be reconstructed if required. Need for adjustment shall be determined during plan check. f) Provide a 35-foot radius curb return and access ramp on the northeast corner of Base Line Road and Shelby Place. g) No new permanent driveways to Base Line Road. h) Pavement reconstruction and overlays will be determined during plan check. 2) Pecan Avenue (Shelby Place North) to be improved in accordance with City Collector Street standards as required and including: PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 4 a) Ultimate centerline alignment and 40-foot street width, within 64-foot right-of-way, shall mirror Shelby Place on the south side of Base Line Road. b) Provide a minimum width of 26 feet of pavement within available rights-of-way until such time as the west half of the street is widened by future development. Design interim improvements to their ultimate configuration. c) Provide 5800 Lumens HPSV street lights, as required. d) Provide traffic signing and signage and R26(s) signs, as required. e) Modify traffic signal equipment and loops, as required. f) Provide curb and gutter, 5-foot wide sidewalk, and street trees on the east side. g) Provide a 27-foot radius curb return and access ramp at intersection with Street C. h) The developer may request a reimbursement agreement to recover the cost of permanent off site improvements from future development of the adjacent property. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 3) If unable to obtain sufficient off-site right-of-way to construct interim improvements to Pecan Avenue (Shelby Place North) in their ultimate location, a secondary gated emergency access shall be provided. a) Deposit funds for half the cost of constructing Shelby Place upon development to the west, including traffic signal modifications and related work on Base Line Road. 4) Proposed public storm drain shall be located within the paved area of the ultimate street, not in parkway, if possible. a) Trees are prohibited within 5 feet of the outside diameter of the storm drain pipe, measured from the outer edge of a mature tree trunk. No structures will be allowed within the 12-foot public storm drain easement, including walls. 5) All internal streets to be improved in accordance with City Local Street standards as required and including: a) Provide curb and gutter, sidewalk, drive approaches, asphalt pavement, and street trees. PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 5 b) Provide 5800 Lumen HPSV street lights, as required. c) Provide traffic striping and signage, as required. 6) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Base Line Road shall be undergrounded from the first pole west of the easterly project boundary to the first pole off-site of the westerly project boundary, prior to public improvement acceptance or occupancy, whichever occurs first. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. The City shall provide a portion of collected monies from the developer on the south side of Base Line Road, Tract 16454-1, paid for as an in-lieu fee for future undergrounding of said overhead utilities. 7) All other existing overhead utilities located on-site shall be undergrounded at the same time, specifically the first two poles north of Base Line Road. The other poles located on Lots 2, 5, and 8 shall be relocated closer to the rear property line, except for pole on Street B which will be relocated in the parkway. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 8) Tract 16776 has constructed a detention basin. Said basin was designed to mitigate the increased run-off from this development. The developer of Tract 16776 is eligible for reimbursement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.). The fair share amount has been determined to be a total amount of $35,503.70 for APN: 227-131-03 and 227-131-08 per recorded Reimbursement Agreement as Document Number 2008-0465305,which shall be paid prior to Building Permit issuance. 9) Install Landscape Maintenance District (LMD) improvements along project frontage on Base Line Road: a) Improvements shall conform to the Base Line Road Beautification Master Plan and be consistent with the existing improvements to the east of this development. b) The maximum slope within publicly maintained landscape areas shall be 3:1. Where slopes occur, a 1-foot flat area behind the sidewalk shall be provided. Slopes higher than 6 feet shall have a 2-foot wide flat shelf at the top, along the base of the walls. PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 6 10) Street trees shall be installed per the public improvement plans. In the case of Base Line Road, there will be a separate set of LMD plans. If street trees are illustrated in private landscape plans, generic symbols shall be used with a note "to be installed per public improvement plans." 11) All corner side yard landscaping shall be privately maintained by homeowners, or the homeowners association if applicable, including Lot 33 along Shelby Place. Provide a mow strip to separate from the City-maintained LMD area along Base Line Road. a) For the side yard of Lot 33, install private landscaping and irrigation system in the parkway prior to public improvements being accepted by the City. 12) Provide a sidewalk easement on Lot 16. The width of the easement shall be the width of the sidewalk plus 6 inches on each side. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to 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. PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 7 • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential 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. 12) 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. PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 8 Biological Resources 1) A Burrowing Owl Survey shall be performed prior to approval of a clearing or grading permit. 2) A 30-day nesting bird clearance survey shall be performed if any trees are removed between March 1st and August 31st. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) The proposed project will comply with the updated Title 24 standards, including the new 2010 California Building Code (CBC), for building construction if any building interior improvements are required. In addition, the project would be required to comply with the requirements of Minimization Measure GCC-1, including measures to incorporate energy efficient building design features. 8) The project would be required to comply with the requirement of Minimization Measure GCC-1, including measures to increase water use efficiency. 9) Data available from the California Integrated Waste Management Board (CIWMB) indicates that the City of Rancho has not achieved the 50 percent diversion rate. The proposed project would be required to comply with Minimization Measure GCC-1, including measure to increase solid waste diversion, composting and recycling. 10) Vehicles that are used and purchased within the project site shall comply with any vehicle and fuel standards that the ARB adopts. PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 9 11) New products used or serviced on the project site shall comply with future ARB rules and regulations. 12) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials" such as materials that are resource efficient, recycled, and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 13) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install light colored "cool" roofs and cool pavements • Install solar or light emitting diodes (LED's) for outdoor lighting. 14) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, deal flush toilets, and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. 15) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 10 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. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • 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). PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 11 • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMloemissions 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 PMloemissions. 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 PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 12 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 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) Construct a continuous sound wall at least 7 feet high along Base Line Road and wraps around the west property line of Lot 33. 3) Provide R-13 fiberglass insulation and 1/2-inch drywall. 4) Install all double pane windows. 5) All floors shall be carpeted except kitchen and baths. 6) Add STC 26 glazing to all second floor rooms with any view south and/or east from Lots 1 through 30. 7) Add STC 34 glazing to all second floor rooms with any view of Base Line Road on Lots 31 through 33. PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 13 7) Add STC 34 glazing to all second floor rooms with any view of Base Line Road on Lots 31 through 33. 8) 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. 9) 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. 10) The perimeter block wall shall be constructed as early as possible in first phase. 11) 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 14TH DAY OF SEPTEMBER 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA �7 BY: Luis Munoz, Jr., Chairman 4ATTEST: R. &- W/ James 0. Troyer, AICP, Secretary PLANNING COMMISSION RESOLUTION NO. 11-39 TENTATIVE TRACT MAP SUBTT18806 - LEWIS OPERATING CORPORATION September 14, 2011 Page 14 I, James R. Troyer, AICP of the 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 14th day of September 2011. AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL,. MUNOZ,. WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTT18806, DRC2010-01005, AND DRC2011-00165 SUBJECT: TENTATIVE TRACT MAP AND DEVELOPMENT REVIEW FOR 33 SINGLE-FAMILY RESIDENCES APPLICANT: LEWIS OPERATING CORPORATION SOUTH SIDE OF BASE LINE ROAD BETWEEN ETIWANDA AVENE AND EAST AVENUE - LOCATION: APN: 0227-131-03, 08, AND 62. 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. 11-39 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 B. Time Limits 1. This tentative tract 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. SC-12-08 1 I:\PLANNING\FINAL\PLNGC0MW2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBTT18806, DRC2010-01005,AND DRC2011-00165 Completion Date 2. DevelopmenUDesign 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, Development Code regulations, and the Etiwanda 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. 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. 8. 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. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 10. Construct block walls between homes(i.e.,along interior side and rear property lines), rather than wood fencing for permanence, durability, and design consistency. 11. For residential development, return walls and corner side walls shall be decorative masonry. D. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBTT18806, DRC2010-01005,AND DRC2011-00165 Completion Date 2. For single-family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. 3. Front yard and corner side yard landscaping and irrigation shall be required per the Development Code. This requirement shall be in addition to the required street trees and slope planting. 4. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 5. All walls shall be provided with decorative treatment. If located in public maintenance areas,the design shall be coordinated with the Engineering Services Department. 6. New windrow planting of Eucalyptus Maculata (Spotted Gum) or variety as determined by the Planning Director is required at a ratio of 50 linear feet per acre. The size, spacing, staking, and irrigation of these trees shall comply with the City's Tree Preservation Ordinance (RCMC 19.08..100). E. Environmental 1. A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of$557 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 3. In those instances requiring long term monitoring(i.e.) beyond final certificate of occupancy),the applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 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) F. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan, b. Foundation Plan, C. Floor Plan; 3 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBTT18806, DRC2010-01005,AND DRC2011-00165 Completion Date 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,waterand waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g. Planning Department Project Number (i.e., SUBTT18806, DRC2010-01005, and DRC2011-00165) 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. G. 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., SUBTT18806, DRC2010-01005, and DRC2011-00165). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. 'Prior to issuance of building permits for a new residential project or major addition, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. H. 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. 4 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBM 8806, DRC2010-01005,AND DRC2011-00165 Completion Date I. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. 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. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 60 total feet on Base Line Road 3. Corner property line cutoffs shall be dedicated per City Standards. 4. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 5. The developer shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462.5 at such time as the City decides to acquire the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Portion of Pecan Avenue(Shelby Place North),west of the west tract boundary. 5 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBTT18806, DRC2010-01005,AND DRC2011-00165 Completion Date K. Street Improvements 1. All public improvements(interior streets, drainage facilities,community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter,AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. 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. 3. 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 Base Line Road X X (c) X X X (e) Green Canyon Road X X X X X (e) Pecan Avenue X X X X X X (e) (Shelby Place North) Street A X X X X X X (e) Street B X X X X X (e) Street C X X X X X X (e) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Access Ramps 4. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the 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. 6 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBTT18806, DRC2010-01005,AND DRC2011-00165 Completion Date 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. Acash 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. 5. 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. 6. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Base Line Road Magnolia grandiflora Southern Magnolia 5' 30'O.C. 24"Box Fill In Green Canyon Drive Koelreuteria paniculata Goldenrain Tree 5' 35'O.C. 15 Gal Fill In Pecan Avenue Podocarpus henkelii Long-Leafed Yellow 3' 20'0.C. 15 Gal Fill (Shelby Place North) Wood In Streets A, B,and C Select appropriate tree from the approved street tree list for Rancho Cucamonga. List each street as a separate line item within this legend. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. 7 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBTT18806,DRC2010-01005,AND DRC2011-00165 Completion Date 7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. L. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the Engineering Services Department for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements,trails or other areas shall be annexed into the Landscape Maintenance District: Base Line Road Beautification Master Plan. 2. Public landscape areas are required to incorporate substantial areas(40%)of mortared cobble or other acceptable non-irrigated surfaces. 3. 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. 4. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. 5. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan. M. 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. A permit from the San Bernardino County Flood Control District is required for work within its right-of-way. 3. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. N. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 8 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Project No. SUBTT18806, DRC2010-01005,AND ORC2011-00165 Completion Date 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. O. General Requirements and Approvals 1. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid at the time of building permit issuance. 2. A non-refundable deposit shall be paid to the City, covering the estimated operating casts for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 3. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering 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 FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 9 I:\PLANNING\FINAL\PLNGC0MM\2011 Res & Stf Rpt\SUBTT18806StdCond 9-14.doc Rancho Cucamonga Fire Protection District - Fire Construction Services STANDARD CONDITIONS March 24, 2011 Lewis Operating Corporation (32) SFR Tentative Tract N/S of Baseline E/O Etiwanda SUBTT18806 & DRC2010-01005 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. The private water supply and fire hydrants shall be design in accordance with RCFPD Standard 5-10 and the 2010 California Fire Code. 2. Public water supply and fire hydrants shall be design in accordance with the RCFPD Standard 5-10, the 2010 California Fire Code and the Cucamonga Valley Water District. FSC-2 Fire Flow 1. The required fire flow for this project will be determined in gallons per minute at a minimum residual pressure of 20-pounds per square inch when the structure size for the development is known. This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 3. 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. 4. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. 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. FCS-10 Fire Sprinklers-All living facilities must be equipped with automatic fire sprinklers in accordance with NFPA 13D. FCS-11 Emergency Access Roadway-Maintain the emergency access roadway until a permanent second point of access is accepted by the RCFPD. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. 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 Standard #10-5. 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 water supply clearance before lumber is dropped on site (except form lumber). 2. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #14-1. 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 MITIGATION MONITORING PROGRAM Project File No.: SUBTT18806, DRC2010-01005, and DRC2011-00165 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 SUBTT18806, DRC2011-01005, AND DRC2011-00165 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: TENTATIVE TRACT MAP SUBTT18806 AND DEVELOPMENT DESIGN REVIEW DRC2010-01005 Applicant: LEWIS OPERATING CORPORATION Initial Study Prepared by: Tabe van der Zwaag Date: August 17, 2011 ResponsibleMitigation Measures No. 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 12 Mitigation Measures No. Responsible g of Method . 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 the time of year of construction. • Suspend grading operations during high winds(i.e., BO C During A 4 wind speeds exceeding 25 mph)in accordance with construction SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel-powered equipment where feasible. 2of12 Mitigation . . of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date Anitials 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 and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. All new development in the City of Rancho Cucamonga BO C/D Review of plans A/C 2/4 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 A Burrowing Owl Survey shall be performed prior to BO B Review of plans A/C/D 2/4 approval of a clearing or grading permit. A 30-day nesting bird clearance survey shall be PD B Review of plans D 2/4 performed if any trees are removed between March 1� and August 31'. Greenhouse Gas Emissions The project must comply with all rules that assist in BO C During A 4 reducing short-term air pollutant emission in compliance Construction with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil- stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 3of12 Mitigation Measures No. Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance The construction contactor shall select construction BO C During A 4 equipment based on low-emission factors and high Construction energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. Trucks shall not idle continuously for more than 5 BO C During A 4 minutes. Construction Alternative fuel powered equipment shall be utilized in BO C During A 4 lieu of gasoline- or diesel-powered engines where Construction feasible Construction should be timed so as not to interfere with BO C During A 4 peak-hour traffic Construction Ridesharing and transit incentives shall be supported BO C During A 4 and encouraged for construction crew. Construction The proposed project will comply with the updated Title BO C Review of Plans C 2 24 standards, including the new 2010 California Building Code (CBC), for building construction if any building interior improvements are required. In addition, the project would be required to comply with the requirements of Minimization Measure GCC-1, including measures to incorporate energy efficient building design features. The project would be required to comply with the PD/BO/CE A Review of Plans C 2 requirement of Minimization Measure GCC-1, including measures to increase water use efficiency Data available from the California Integrated Waste CE A Review of Plans C 2 Management Board (CfWMB) indicates that the City of Rancho has not achieved the 50 percent diversion rate. The proposed project would be required to comply with Minimization Measure GCC-1, including measure to increase solid waste diversion, composting and recycling. 4of12 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Vehicles that are used and purchased within the project BO C During A 4 site shall comply with any vehicle and fuel standards that Construction the ARB adopts. New products used or serviced on the project site shall BO C During Review A 4 comply with future ARB rules and regulations. of Plans Construction and Building materials shall be produced BO A During A/C 2/4 and/or manufactured locally: Use "Green Building Construction Materials'such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. Design all buildings to exceed California Building Code BO A During C 2 Title 24 energy standard including but not limited to any Construction combination of: • Increased insulation Limit air leakage through the structure Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems Install light colored"cool"roofs and cool pavements ■ Install solar or light emitting diodes (LED's) for outdoor lighting. 5of12 Mitigation Measures No. Responsible Monitoring g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prepare a comprehensive water conservation strategy BO/PD B/C/D Review of plans A/C 2/3/4 appropriate for the project and include the following: & studies • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, deal flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non-vegetated surfaces. Reuse and recycle construction and demolition waste. CE A Review of Plans C 2 Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. 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. 6of12 Mitigation Measures No. / Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date /initials Non-Compliance Pursue educating the public about the PD/BO C Review of report A/D 3/4 archaeological heritage of the area. Prepare a mitigation plan consistent with PD/BO C Review of report A/D 3/4 Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • 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. 7of12 Mitigation . . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Should fossils be found within an area being cleared BO BSC Review of report A/D 4 or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for PD D Review of report D 3 documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). Submit summary report to City of Rancho PD D Review of report D 3 Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Geology and Soils The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction RWQCB)daily to 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 PM,o emissions construction from the site during such episodes. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8of12 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Hydrology and Water Quality Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. An Erosion Control Plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4 the Grading Plan, and implemented for the proposed project that identifies specific measures to control on- site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize*soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 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 sedimentfrom 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 (name/date) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 9of12 Mitigation Measures No.I Responsible Monitoring g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. Prior to issuance of building permits, the applicant shall 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 Prior to the issuance of any grading plans a BO B Review of plans A/C 2/4 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. 10 of 12 Mitigation Measures No.i Responsible Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Construct a continuous sound wall at least seven feet PD/BO B/C/D Plan Check& A/C 2/3/4 high along Base Line Road that wraps around the west During property line of Lot 33 Construction Provide R-13 fiberglass insulation and W drywall. BO B/C/D Plan Check& A/C 2/3/4 During Construction Install all double pane windows. BO B/C/D Plan Check& A/C 2/3/4 During Construction All floors shall be carpeted except kitchen and baths. BO B/C/D Plan Check& A/C 2/3/4 During Construction Add STC 26 glazing to all second floor rooms with any BO B/C/D Plan Check& A/C 2/3/4 view south and/or east from Lots 1 through 30. During Construction Add STC 34 glazing to all second floor rooms with any BO B/C/D Plan Check& A/C 2/3/4 view of Base Line Road on Lots 31 through 33. During Construction Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. Construction or grading.noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 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 Oficial 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. 11 of 12 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance The perimeter block wall shall be constructed as early PD C During A/C 2/4 as possible in the first phase. construction Haul truck deliveries shall not take place between the POGO C During A 4/7 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site),then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map PD-Planning Director or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP 7-Citation i:\planning\final\ceqa\mmchklst-revl2-4-06final.doc 12 of 12 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.: SUBTT18806, DRC2010-01005, AND DRC2011-00165 Public Review Period Closes: September 14, 2011 Project Name: Project Applicant: Lewis Investment Company, LLC Project Location (also see attached map): Located in Low-Medium (LM) Development District of the Etiwanda Specific Plan (ESP) on the north south side of Base Line Road between Etiwanda Avenue and East Avenue -APN: 0227-131-03, 08, and 62. Project Description: A request to create a 33-lot Tentative Tract Map on 10.35 acres and a site plan and architectural review for a 33-lot subdivision, and a requestto remove 81 trees related to the development of 33 homes (DRC2010-01005) on 10.35 acres on located in Low-Medium (LM) Development District of the Etiwanda Specific Plan (ESP) on the north side of Base Line Road between Etiwanda Avenue and East Avenue - APN: 0227-131-03, 08 and 62. Related File: Development and Design Review DRC2010-01005. 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 Negativ eclaration during the review period. September 14, 2011 Date of Determination Adopted By