Loading...
HomeMy WebLinkAbout2018-06-13 - Agenda Packet - PC-HPCJUNE 13, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER '3611111Pr IESIM . TA"-. X:ll 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. - CALL TO ORDER Pledge of Allegiance Roll Call: Chairman Oaxaca Vice Chairman Macias Commissioner Guglielmo Commissioner Munoz Commissioner Wimberly B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of May 23, 2018 Page 1 of 6 JUNE 13, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. D1. TIME EXTENSION DRC2018-00319 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. -A request fora fifth 1 -year time extension for a previously approved tentative tract map (Tentative Tract Map SUBTT16072) to subdivide 150.79 acres into 358 lots in the Low (2-4 dwelling units per acre) Residential District, with an average density of 2.3 dwelling units per acre for the entire project, in the Upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located at the northeast corner of Wilson Avenue and Etiwanda Avenue. APN: 1087-081-12, 19, 20, 21, 22, 23, & 24. Staff has found the project to be within the scope of the project covered by a prior Environmental Impact Report certified by City Council in June 16, 2004 by Resolution 04-204 and does not raise or create new environmental impacts not already considered in the Environmental Impact Report. D2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2015-00683 — ARCHIBALD OIL — A request to amend the General Plan land use designation from Low Medium Residential to General Commercial for a 1.22 -acre site located at the northeast corner of Archibald Avenue and Arrow Route; APNs: 0208-291-05 and 0208-291-06. Related Files: Zoning Map Amendment DRC2015-00684, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This application will be forwarded to the City Council for final action. CONTINUANCE REQUESTED D3. ENVIRONMENTAL ASSESSMENT AND ZONING MAP AMENDMENT DRC2015-00684 — ARCHIBALD OIL — A request to amend the Zoning Map land use district from the Low Medium (LM) Residential District to the General Commercial (GC) District for a 1.22 -acre site located at the northeast corner of Archibald Avenue and Arrow Route; APNs: APNs: 0208- 291-05 and 0208-291-06. Related Files: General Plan Amendment DRC2015-00683, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, Variance DRC2016- 00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This application will be forwarded to the City Council for final action. CONTINUANCE REQUESTED Page 2 of 6 JUNE 133 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D4. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2015-00682 — ARCHIBALD OIL —A request to establish retail sales in an existing 1,728 square foot vacant service station building, re-establish an existing 1,481 square foot canopy with 4 fuel pumps, and install a 968 square foot car wash on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue, APN: 0208-291-05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, Conditional Use Permit DRC2015-00681, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED D5. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2015-00681 — ARCHIBALD OIL —A request to establish a 968 square foot automated car wash associated with a request to establish retail sales in an existing 1,728 square foot vacant service station building and re-establish an existing 1,481 square foot canopy with 4 fuel pumps on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291-05, Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, Design Review DRC2015-00682, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED D6. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2016-00831 — ARCHIBALD OIL — A request to reduce the parking setback from 10 feet to 5 feet -6 inches for the proposed request to establish retail sales in an existing 1,728 square foot vacant service station building, re-establish an existing 1,481 square foot canopy with 4 fuel pumps, and install a 968 square foot car wash on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291- 05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, Design Review DRC2015-00682, Conditional Use Permit DRC2015- 00681, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED D7. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2017-00879 — ARCHIBALD OIL — A request to reduce on-site parking by 12.5% for the proposed request to establish retail sales in an existing 1,728 square foot vacant service station building, re - Page 3 of 6 JUNE 139 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA establish an existing 1,481 square foot canopy with 4 fuel pumps, and install a 968 square foot car wash on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291-05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015- 00684, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, and Variance DRC2016-00831. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: G. ADJOURNMENT I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 7, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. d�S Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Page 4 of 6 JUNE 13, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 5 of 6 JUNE 13, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Page 6 of 6 Vicinity Map Historic Preservation and Planning Commission Meeting JUNE 133 2018 - ---- ; - - - - - - - - - _ --- ----.--..--.--I CL € ! E 3ase Line 0 I I l I I I I I 1 IS I 4WIBase Line 4th D2-7 �r Meeting Location: City Hall/Council Chamber 10500 Civic Center Drive D1: Time Extension DRC2018-00319—Golden Meadowland, LL.0 & Ranch Haven, LLC D2 -D7: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, DR DRC2015-00682, CUP DRC2015-00681, Variance DRC2016-00831 and Minor Exception DRC2017-00879 MENr�I■ .. .. 4th D2-7 �r Meeting Location: City Hall/Council Chamber 10500 Civic Center Drive D1: Time Extension DRC2018-00319—Golden Meadowland, LL.0 & Ranch Haven, LLC D2 -D7: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, DR DRC2015-00682, CUP DRC2015-00681, Variance DRC2016-00831 and Minor Exception DRC2017-00879 MAY 23, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. — CALL TO ORDER 7.0G PM Pledge of Allegiance Roll Call: Chairman Oaxaca X Vice Chairman Macias X Commissioner Guglielmo X Commissioner Munoz _X_ Commissioner Wimberly _X_ Additional Staff Present: Candyce Burnett, City Planner; Nick Ghirelli, Assistant City Attorney; Brian Sandona, Associate Engineer, Jennifer Nakamura, Associate Planner; Dominick Perez, Associate Planner, Lois Schrader, Planning Commission Secretary; Vincent Acuna, Assistant Planner and Gianfranco Laurie, Sr. Civil Engineer B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. None C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION Page 1 of 7 MAY 237 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Workshop Minutes of May 9, 2018 C2. Consideration to adopt Regular Meeting Minutes of May 9, 2018 C3. CONSIDERATION OF THE CITY OF RANCHO CUCAMONGA CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 Moved by Wimberly, seconded by Guglielmo, carried 5-0 to adopt the Consent Calendar as presented. D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. D1. CAR WASH LAND USE REGULATIONS Vincent Acuna, Assistant Planner gave the staff report and PowerPoint presentation (copy on file). Commissioner Wimberly said from the report it would seem there are many requests for car washes. He asked if this implies we have not handled the use properly in the past. Jennifer Nakamura, Associate Planner said there has been an increase of inquiries in the last 6-12 months. She said some are interested in zone changes to make the zone compatible for a car wash, and in some cases, they are requesting to use remnant commercial property that is adjacent to residential. She said it is a variety of situations and staff believes we need to dive deeper to determine the highest and best use of the land. She noted some benefits but also noted the use causes noise and traffic and does not generate many jobs. She pointed to Page 2 of 7 MAY 2312018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA one example in San Luis Obispo adjacent to homes. She said the noise studies says one thing, and appears to meet code, but people living close by see it differently. She said staff wants to address these kinds of things. She said the use has heavy short-term impacts often during certain times of day. Commissioner Guglielmo asked if there will be a needs analysis study. He asked if staff will consider the demand for flex style car washes. Ms. Nakamura said we could, and consider distance requirements, best practices from other jurisdictions as well as the solutions they may have discovered. She said we may not look deeply at different types of carwashes but more likely to look at overall impacts. She said the Development Code standards can also shift. Commissioner Guglielmo asked what is the likelihood of needing the extension to 1 -year. Ms. Nakamura said we typically request up to a year but staff would move to Council as soon as it is ready. Nicholas Ghirelli, Assistant City Attorney noted the Government Code only allows the initial 45 days and then Council can approve an extension if they determine it is needed. Commissioner Macias asked if there is enough information to preclude the 45 days. He wanted to know if the changes could be made within the 45 -day moratorium. He said the demand is there for the use; people will use it. He said it is important to create standards and thresholds that directly relate to washing cars and related mitigation measures. He said he is comfortable with what staff wants to do. He commented that he takes his cars all the time -they are noisy, busy, and they create traffic. He said staff is correct, this is a big deal. He said the entrepreneurship/demand is there but there is nothing wrong with being proactive. He said he supports Option 1. Ms. Nakamura said given the legal noticing and environmental review requirements, it is difficult, if not impossible to complete changes within 45 days, which is why we typically request an extension. Commissioner Wimberly asked if the operating hours are part of proposed conditions in a Conditional Use Permit. Page 3 of 7 MAY 235 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION I19ll4 1111*601 RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Ms. Nakamura confirmed that we currently do consider this but when a problem or complaint arises it is difficult for Community Improvement to know each set of conditions of approval set for each business. She said it would be far easier for them to enforce if they were all the same. Chairman Oaxaca noted staff is looking for guidance. He said he agrees with Commissioner Macias. He said it sounds like the current process does not give staff a comfort level to deal with some of these requests for car washes. Ms. Nakamura added that standards for a CUP are fairly general but more stringent regulations such as considering distance, zone, a change or reduction of zones gives more tools for us to work with. Chairman Oaxaca noted that right now they are allowed in about 6 zones. He agreed that at least a 45 -day moratorium would be needed to study this. Ms. Nakamura said we want to look at all the land uses, land available, and possible areas to shift zones. She said it may all be ok but we may add a distance requirement from other sensitive uses for example. She said these are the things staff will explore during the process. Commissioners Munoz indicated he supports Option 1, Commissioner Guglielmo agreed. He noted staff has a challenging task in a short timeframe. He said he does not want to discourage businesses. The consensus of the Commission is to support Optionl with a possible extension to 1 -year and staff will bring a final ordinance forward when it is ready. Chairman Oaxaca said he appreciates staff being proactive. The Secretary received and filed the report. E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Page 4 of 7 MAY 2312018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA COMMISSION ANNOUNCEMENTS: Commissioner Munoz said we should remember and respect our veterans who sacrificed for our great nation. Vice Chairman Macias mentioned he is President of the Public Art Committee and that his placement on the committee is meaningful to him as he is an artist and has had his works displayed at the Cultural Center. He noted the remaining membership of the committee is Linda Bryan, Leslie Matamoros,Lauren Verdugo, John Machado. He said they have to decide how to move forward. He noted they have about $20,000 consultant money and they are currently looking for a consultant that knows art well. He said they will meet again in July. He said he advised the committee that as development occurs, they are to work closely with the Planning Department. He also congratulated staff for winning a sixty -million -dollar grant for the Etiwanda overpass. G. ADJOURNMENT 7:30 PM I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 17, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. ,cgs Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga Page 5 of 7 MAY 23, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION T,IM[1[to*1 RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing Impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Page 6 of 7 MAY 235 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION I` IIzl11111i4•9 RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CitvofRC.us. Page 7 of 7 REPORT DATE: June 13, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner ­(644 INITIATED BY: Dominick Perez, Associate Planner SUBJECT: TIME EXTENSION DRC2018-00319 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. - A request for a fifth 1 -year time extension for a previously approved tentative tract map (Tentative Tract Map SUBTT16072) to subdivide 150.79 acres into 358 lots in the Low (2-4 dwelling units per acre) Residential District, with an average density of 2.3 dwelling units per acre for the entire project, in the Upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located at the northeast corner of Wilson Avenue and Etiwanda Avenue. APN: 1087-081- 12, 19, 20, 21, 22, 23, & 24. Staff has found the project to be within the scope of the project covered by a prior Environmental Impact Report certified by City Council in June 16, 2004 by Resolution 04-206 and does not raise or create new environmental impacts not already considered in the Environmental Impact Report. RECOMMENDATION: Staff recommends approval of Time Extension DRC2018-00319 by adoption of the attached Resolution of Approval with conditions. BACKGROUND: Tentative Tract Map SUBTT16072, with the recommendation of approval by the Planning Commission, was initially approved by the City Council on June 16, 2004. Subsequently, this map went through a series of discretionary time extension requests and automatic time extensions granted through Senate and Assembly Bills, as shown in the table below. The most recent Time Extension (DRC2017-00430), which was granted by the Planning Commission for an extension of 1 year to the approval period of this map, changed the expiration date to June 16, 2018. Approving Authority Approval/Extension Type Approval Period Approval Date Expiration Date City Council Tentative Tract Map Approval 3 Years June 16 2004 June 16, 2007 Planning Commission Time Extension 1 Year June 13, 2007 June 16, 2008 Planning Commission Time Extension 1 Year May 28, 2008 June 16, 2009 Senate Bill 1185 Automatic Extension 1 Year June 16, 2009 June 16, 2010 Assembly Bill 333 Automatic Extension 2 Years June 16, 2010 June 16, 2012 Assembly Bill 208 Automatic Extension 2 Years June 16, 2012 June 16, 2014 Assembly Bill 116 Automatic Extension 2 Years June 16, 2014 June 16, 2016 Planning Commission Time Extension 1 Year June 22, 2016 June 16, 2017 Planning Commission Time Extension 1 Year June 14, 2017 June 16, 2018 Planning Commission Time Extension 1 Year *June 13, 2017 *June 16, 2019 *Projected dates to be determined. D1 -Pg 1 PLANNING COMMISSION STAFF REPORT DRC2017-00430 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 14, 2017 Page 2 SITE CHARACTERISTICS: The site generally slopes from north to south at approximately 6 percent gradient and currently contains the remains of a foundation from a residential structure, remnants of low stonewalls, and irrigation flumes. The site is otherwise undeveloped and dominated by a variety of native vegetation including California Buckwheat White Sage, White Sage, Scalebroom Scrub, and Riversidean Alluvial Fan Sage Scrub, and a variety of non-native vegetation. The impacts to vegetation were analyzed in the Environmental Impact Report for the project and are further addressed in the Environmental Assessment section of this report. There are single-family residential homes located to the west and south of the site. A portion of the property to the south contains a Cucamonga Valley Water District (CVWD) Water Treatment facility. There is an approved Tentative Tract Map (SUBTT14749) for 269 single-family lots for the undeveloped property to the north. The undeveloped property to the east is currently in review for (i) a General Plan Amendment (DRC2016-00167) to change the land use designation from Very Low Residential to Low Residential, (ii) a Specific Plan Amendment (DRC2016-00168) to change the zoning district from Very Low Residential (VL) District to Low Residential (L) District, and (iii) a Tentative Tract Map (SUBTT19992) for a proposed subdivision to create 113 single-family residential lots. The site is divided generally from southwest to northeast by the Etiwanda Avenue Fault Scarp. ANALYSIS: A. Subdivision Map: On January 6, 1999, the City Council amended the City's Subdivision Ordinance to establish a 3 -year initial approval period for tract and parcel maps (increased from 2 years previously). The amendment also allows the Planning Commission to grant time extensions in 12 -month increments for up to an additional 5 years (a maximum of 8 years from the original time approval), which is the maximum allowed under the State Subdivision Map Act Section 66452.69 (e). This application involves a fifth and final, 1 -year time extension request, which would set the expiration date to June 16, 2018. Including the previously mentioned Senate and Assembly Bills that accounted for 7 years of automatic extensions, the maximum approval period of this project would be up to 15 years from the date of approval (final expiration on June 16, 2019). Based on the length of time since the original approval and the number of time extensions granted, there are concerns that it is likely that the map will not be recorded. However, the applicant has been communicating with staff on a regular basis and is currently working towards completing all of the D1—Pg 2 Land Use General Plan Zoning - - Site Vacant land Very Low Residential Very Low (VL) and Low (L) and Low Residential' Residential Districts2,3 Power line corridor and North vacant land Utility Corridor and Utility Corridor (UC) District and (SUBTT14749 approved Low Residential Low (L) Residential Districtz for 269 SFR lots Cucamonga Valley Very Low (VL) Residential South Water District (CVWD) Very Low Residential District' facility and vacant land Vacant land Very Low (VL) Residential East (SUBTT19992 in review Very Low Residential Districtz for 113 SFR lots Wesf Single-family residences Low Residential Low L Residential Districtz 1 - Etiwanda Specific Plan; 2 — Etiwanda North Specific Plan; 3 — the land use designations and zoning are divided by the Etiwanda Avenue Scarp of the Red Hill Fault Zone ANALYSIS: A. Subdivision Map: On January 6, 1999, the City Council amended the City's Subdivision Ordinance to establish a 3 -year initial approval period for tract and parcel maps (increased from 2 years previously). The amendment also allows the Planning Commission to grant time extensions in 12 -month increments for up to an additional 5 years (a maximum of 8 years from the original time approval), which is the maximum allowed under the State Subdivision Map Act Section 66452.69 (e). This application involves a fifth and final, 1 -year time extension request, which would set the expiration date to June 16, 2018. Including the previously mentioned Senate and Assembly Bills that accounted for 7 years of automatic extensions, the maximum approval period of this project would be up to 15 years from the date of approval (final expiration on June 16, 2019). Based on the length of time since the original approval and the number of time extensions granted, there are concerns that it is likely that the map will not be recorded. However, the applicant has been communicating with staff on a regular basis and is currently working towards completing all of the D1—Pg 2 PLANNING COMMISSION STAFF REPORT DRC2018-00319 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 13, 2018 Page 3 remaining conditions of approval that are necessary prior to recordation of the final map. There are currently 6 remaining conditions required by the Planning and Engineering Departments to be completed, some of which have to do with biological resource habitat preservation, fair share contributions towards traffic improvements and street improvement plans. If the map conditions are not satisfied in time to final the map, the subject map will expire and the applicant will have to submit a new project for the site. B. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City certified an Environmental Impact Report on June 16, 2004 in connection with the City's approval of Tentative Tract Map SUBTT16072. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the Time Extension DRC2018-00319 and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The proposal only involves a request to extend the approval period of a previously approved Tentative Tract Map. The proposal does not involve any changes or modifications to the design of the previously approved subdivision. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The Principal Biologist, Daryl Koutnik, for ESA, an environmental science and planning firm, submitted a memorandum on May 3, 2018, stating the site conditions remain consistent with previous site assessments (Exhibit F). The site was surveyed prior to October 2003 for biological resources in preparation of the EIR. The site was found to contain California Buckwheat -White Sage (44.1 acres)-, White Sage (82.5 acres) Scalebroom Scrub (11.2 - acres), and other non-native and disturbed areas that total 12.2 -acres. Overall, the site was found to contain 147.7 -acres of various forms of Riversidean Alluvial Fan Sage scrub for which the project will be required to obtain off-site mitigation lands. Although focused surveys were performed for Sensitive Wildlife Species, including the San Bernardino Kangaroo Rat and the Coastal California Gnatcatcher, the results of all such surveys were negative. Mr. Koutnik confirmed via the above-mentioned memorandum that the site conditions remained consistent with those previously assessed in 2002, per site visits conducted by multiple ESA biologists in 2017 and 2018. The letter also concludes, based on observations made in our recent site visit, no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts and no new important information shows the project will have new or more severe impacts than previously considered, and that, no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the Time Extension DRC2018-00319. D1—Pg 3 PLANNING COMMISSION STAFF REPORT DRC2018-00319 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 13, 2018 Page 4 FISCAL IMPACT: The project proponent will be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks and community and recreation services. The proposed development will increase the value of the project site and the parcels will be assessed an annual property tax. A percentage of this annual tax is shared with the City. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the application, the project is consistent with the goals and policies of the General Plan and the objectives of the Development Code and Etiwanda North Specific Plan as the General Plan land use and zoning designations of the project site allow for residential use and the subdivision is for residential purposes. CORRESPONDENCE: This item was advertised as a public hearing with a regular size legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. To date, no written comments or phone calls have been received regarding the project notifications. EXHIBITS: Exhibit A - Aerial Photo Exhibit B - Tentative Tract Map SUBTT16072 Exhibit C - City Council Staff Report dated June 16, 2004 with signed Resolution 04-206 Exhibit D - Planning Commission Resolution of Approval with Conditions for SUBTT16072 (May 12, 2004) Exhibit E - Planning Commission Resolution of Approval 17-64 for Time Extension DRC2017- 00430 (June 14, 2017) Exhibit F - May 3, 2018, Memorandum from ESA Draft Resolution of Approval for Time Extension DRC2018-00319 CB:DP/Is D1—Pg 4 Project Site m 00 ILI __rT QH AVeNUE _ _ L41 V.$4fARV: 80' WIDE LOTS (70 LOTS TOTAL) MINIMUM SF: 9.406 MAXIMUM SF: 26,Bfi6 AVERAGE SR 13.697 70' WIDE LOTS (187 LOTS TOTAL) MINIMUM SF: 7,666 MAXIMUM SF: 29,012 AVERAGE SF 11.479 60' WIDE LOTS (101 LOTS TOTAL) MINIMUM SF: 7,200 MAXIMUM SF: 17,094 AVERAGE SF: 9,779 OVERALL MINIMUM SF: 7,200 MAXIMUM SF, 29,042 AVERAGE SF: 11.433 PRFFAFO FCR Jtkfif.d eaII... n%tt RILE 6R M DS'' ill TENTA'nVE TRACT NO. 16072 60 FOOT, 70 FOOT AND 80 FOOT WIDE LOTS CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DATE PREPARED NOV. 2, 2010 L a r T H E C. I T y O F R A\ C 11 0 CUCANONGA Staff Report DATE: June 16, 2004 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Larry Henderson AICP, Principal Planner SUBJECT: ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2002-00865 - RICHLAND PINEHURST INC. - A proposed Annexation of 160.0 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN: 0225-083-01, 12, 13, 14, 15, 16 and 20. Related Files: Tentative Tract Map SUBTT16072, Tree Removal Permit DRC2003-00461, and Development Agreement DRC2002-00156. CONSIDERATION OF APPEAL OF ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT MAP SUBTT16072 - RICHLAND PINEHURST INC. - The proposed residential subdivision of approximately 150.8 acres into 359 lots in the Low (2-4 dwelling units per acre) and Very -Low (.1-2 dwelling units per acre) Residential Districts, with an average density of 2.3 dwelling units per acre for the entire project, in the Upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue -APN: 0225-083-01,12,13,15,16 and 20. Related Files: Development Agreement DRC2001-00156; Annexation DRC2002-00865, and Tree Removal Permit DRC2003-00461. ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2002-00156 - RICHLAND PINEHURST INC. - A proposed Development Agreement to address specific conditions of development and annexation for 150.8 acres of land located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue - APN: 0225-083-01, 12, 13, 15, 16 and 20. Related Files: Tentative Tract Map SUBTT16072, Annexation DRC2002-00865, and Tree Removal Permit DRC2002-00461. EXHIBIT C D1—Pg 7 CITY COUNCIL STAFF REPORT RICHLAND-PINEHURST ANNEXATION DRC2002-00865, SUBTT16072 AND DRC2002-00156 June 16, 2004 Page 2 RECOMMENDATION: Staff recommends that the City Council take the following actions in the order presented: A. Approve the Resolution certifying the Final EIR for SUBTT16072, Development Agreement DRC2002-00156, and Annexation DRC2003-00865; B. Approve the Resolution to initiate proceedings for the annexation of 160 acres of land generally located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue. C. Deny the Appeal to the Planning Commission's decision to approve Tentative Tract Map.No. 16072, as submitted by Craig A. Sherman, attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., dated May 19, 2004, and approve Tentative Tract Map SUBTT16072. D. Adopt the Ordinance to enter into Development Agreement DRC2002-00156, a Development Agreement between the City of Rancho Cucamonga and Richland Pinehurst for the purpose of developing an approximate 150.8 -acre site with up to 359 residential lots. BACKGROUND/ANALYSIS: A. Project Summary The proposed project is located within the Upper Etiwanda Neighborhood of the Etiwanda North Specific Plan (Exhibit "A" - Regional Map). The Etiwanda Avenue Scarp of the Red Hill Fault divides the 150.8 acre site, with the area north of fault designated Very Low Residential and the area south of the fault designated Low Residential. The combined net density of the project is 2.93 dwelling units per acre, and the overall gross density of the project is 2.38 dwelling units per acre. The minimum lot area within the project is 8,400 square feet with an average lot size of approximately 11,400 square feet (Exhibit "B" - Site Plan). The Specific Plan identifies a Community Trail along the Fault Zone, connecting the Etiwanda Avenue Community Trail and the Regional Trail within the Southern California Edison (SCE) corridor north of the site. The internal street pattern has been designed following the naturally trending terrain, which slopes at approximately 6 percent northwest to southeast. Access to the site is provided by two street intersections on Etiwanda Avenue, and one each on East Avenue and Wilson Avenue. All perimeter streets will require some level of improvement with development of the project, including the south side of Wilson Avenue, which includes a Community Trail within the Metropolitan (MWD) strict right-of-way. The project will require flood protection improvements, including the 25th Street Diversion Channel along the north boundary of the project, as well as two on-site interim Detention Basins. The proposed storm drain improvements are individual components of the Etiwanda/San Sevaine Area 3 Master Plan of Storm Drain facilities. The proposed improvements would protect the site from upstream flows and would result in a modification of the current Federal Emergency Managements Agency (FEMA) and Flood Insurance Rate Map (FIRM) designation of Zone D ("area of undetermined flood hazard") to "no significant flood hazard." F 1. CITY COUNCIL STAFF REPORT RICHLAND-PINEHURST ANNEXATION DRC2002-00865, SUBTT16072 AND DRC2002-00156 June 16, 2004 Page 3 B. Summary of Planning Commission Meeting on May 12, 2004 Larry Henderson, Principal Planner, presented the staff report and suggested revisions .to the resolution and the Development Agreement to include a statement that private landscape maintenance be the responsibility of a Homeowners Association or the formation of a new Landscape Maintenance District and to delete the requirement for a gated community. He stated staff would like to add Engineering Conditions to require the applicant to provide written approval from Metropolitan Water District for any activity within Metropolitan's fee property prior to any improvements to Wilson Avenue and clarified the Mitigation Measures to indicate that the property owner could transfer mitigation land to any qualified conservation entity approved by the City or to the County of San Bernardino Special Districts. Commissioner Fletcher observed the Site Plan shows cul-de-sac streets and not through streets. Mr. Henderson replied they were trying to limit access to Etiwanda Avenue and no lots are to front onto Etiwanda Avenue. Brad Buller, City Planner, stated that typically better neighborhoods are not along long streets, and that larger lots at the end of cul-de-sacs often become prime lots. Craig Sherman, Attorney representing Spirit of the Sage Council, presented two alternate site plans that he felt were environmentally superior and were more sensitive to the earthquake fault that runs through the property. Mr. Sherman indicated that generally Development Agreements included a provision allowing amendment to the Agreement by the City Planning Department. He believed such a provision is an attempt to rewrite the legislation under the Government Code that allows the City to enact Development Agreements. He also indicated concern about a number of projects coming forward piecemeal with respect to the General Plan Amendments and Specific Plan Amendments. With respect to alternatives submitted by Mr. Sherman, Kevin Ennis, Assistant City Attorney, said that the EIR discussed three alternatives to the project: 1) a no project alternative; 2) a less intensive development alternative; and 3) an alternative that would preserve more of the Riversidian Sage Scrub. Mr. Ennis indicated that the EIR and the Findings in the Resolution state why those particular alternatives do not satisfy the objectives of the project or are not feasible. With respect to the Development Agreement and the assertion that it provides an opportunity for staff to amend the Agreement in contravention to State law, he stated the Development Agreement provides for the opportunity for staff and the developer to enter into implementing agreements, but those agreements must be found consistent with the Development Agreement. He said the staff is not authorized to enter into agreements that are inconsistent with or modify or undercut the basic provisions of the Development Agreement. With regards to piecemeal projects, Mr. Ennis stated that in the EIR for this project and for another project on the agenda (Henderson Creek Properties), there is a discussion about the other projects occurring in the vicinity so as to consider the cumulative impacts of this project as well as the other projects so there is an acknowledgement and an interrelationship between all of the projects in terms of environmental impacts. The tentative tract map, associated development agreement, and annexation for the project were reviewed and approved at the May 12, 2004, Planning Commission meeting. D1—Pg 9 CITY COUNCIL STAFF REPORT RICHLAND-PINEHURST ANNEXATION DRC2002-00865, SUBTT16072 AND DRC2002-00156 June 16, 2004 Page 4 C. Project Analysis Tentative Tract Mao 16072 - The proposed project is located within the Upper Etiwanda Neighborhood of the Etiwanda North Specific Plan. The Etiwanda Avenue Scarp of the Red Hill Fault divides the 150.8 acre site, with the area north of the fault designated Very Low Residential and the area south of the fault designated Low Residential. The combined net density of the project is 2.93 dwelling units per acre, and the overall gross density of the project is 2.38 dwelling units per acre. The minimum lot area within the project is 8,400 square feet with an average lot size of approximately 11,400 square feet. The Specific Plan identifies a Community Trail along the Fault Zone, connecting the Etiwanda Avenue Community Trail and the Regional Trail within the Southern California Edison (SCE) corridor north of the site. An Appeal to the Planning Commission approval of the Tentative Tract Map was submitted by Craig A. Sherman, attorney for Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., dated May 19, 2004. The appeal letter was based on the adequacy of the Environmental Impact Report. A response to this matter is included in Exhibit "E" — Responses to Correspondence. The Development Agreement - The Development Agreement has been prepared in order to address project -specific improvements, fees, and other development standards and expectations for the benefit of the Property Owner and the City. The Development Agreement allows -the applicant to identify all improvements and fees that will be required by the City upon Annexation. The Development Agreement has been reviewed by the City Attorney for form and content. The basic points of the Development Agreement are summarized below: 1. Term of the Agreement: 10 years 2. Minor deviations from the Engineering Division standards: a) cul-de-sac design and b) a reduction in the standard centerline radius for a specific internal local street segment. 3. Minor deviations to the Etiwanda North Specific Plan Phasing and Implementation Program: The property owner will construct East Avenue southerly between Wilson Avenue and Banyan Street, in lieu of extending Wilson Avenue easterly to connect to Wardman-Bullock Road. 4. Minor deviations from the Etiwanda/San Sevaine Drainage Policy: With the construction of an interim detention basin to attenuate the developed storm flows from the project. 5. Fees: a) The property owner shall pay a sum totaling $358,000 (based upon $1,000 per-unit) for equestrian mitigation purposes; b) The property owner shall pay a sum totaling $2,362,800 ($6,600 per unit) for park purposes (the applicant may request park credit for improvements to the Community Trail that traverses the site within the Fault Zone, in accordance with General Policy); and c) In exchange for the construction of the landscaping improvements on the south side of Wilson Avenue within the MWD right-of- D1—Pg 10 CITY COUNCIL STAFF REPORT RICHLAND-PINEHURST ANNEXATION DRC2002-00865, SUBTT16072 AND DRC2002-00156 June 16, 2004 Page 5 way, the property owners shall not be required to pay City Beautification Fee of $0.20 per square foot for residential construction. 6. The project shall be designed in accordance with the Etiwanda North Specific Plan Development standards. Clarification of the actual boundaries of the Red Hill Fault Zone as determined by the Geotechnical Analysis: The Red Hill Fault Zone is depicted as a Land Use District in the Etiwanda North Specific Plan. The fault location and boundary has been refined through further trenching and on-site investigation that was conducted through the preparation of the Geotechnical Evaluation. The Fault Setback Zone, which precludes the development of habitable structures, does allow a portion of the lot area to intersect with the Setback Zone. In each case, a substantial buildable area remains available within the lot. Open Space Transfer Plan: The Property Owners shall transfer to the County of San Bernardino Special Districts OS -1, other qualified conservation entity approved by the City in fee, a minimum of 150 -acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be determined by County of San Bernardino Special Districts (or other conservation entity), to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner. The transfer and funding shall occur prior to recording of the first final map of the Project. The Development Agreement establishes timeframes for completion of key infrastructure and community amenities, including the following: a) the perimeter landscaping and the Upper Etiwanda Neighborhood Monumentation, as well as the Community Trail Improvements within the Fault Zone, will be completed prior to release of occupancy of the 150th dwelling (a small segment of the Etiwanda Avenue frontage north of the Fault Zone must be complete prior to release of occupancy of the 250th dwelling); b) all perimeter street improvements shall be completed prior to release of occupancy of the first dwelling within the project, including Wilson Avenue, Etiwanda Avenue, and East Avenue; and, c) all master plan storm drain improvements will also be completed prior to the release of occupancy for the first dwelling in the project. The Annexation - The proposed Annexation will include the entire 160 acres, which constitutes the southwest quadrant of Section 21, located north of Wilson Avenue between Etiwanda Avenue and East Avenue. The 10 acres at the corner of Wilson Avenue and East Avenue will require the review and approval of a separate Tentative Tract Map at a future time after the annexation process has been completed. City staff will forward the annexation application and all associated documentation to the Local Agency Formation Commission following City Council Certification of the EIR and approval of the project. D1—Pg 11 CITY COUNCIL STAFF REPORT RICHLAND-PINEHURST ANNEXATION DRC2002-00865, SUBTT16072 AND DRC2002-00156 June 16, 2004 Page 6 CORRESPONDENCE: Additional comments were sent via e-mail to the Planning Department, after the Planning Commission meeting of May 12, 2004 was called to order (after 7PM). Therefore the information is not part of the public record for the purposes of the Planning Commission hearing. Although the documents indicate. they were either faxed or hand delivered, they were not, and because of its large size, 66 pages, it was conveyed under separate cover. A letter from the United States Department of the Interior Fish and Wildlife Service was received on May 18, 2004. Responses to these comments are contained in Exhibit "E." CONCLUSION: Staff recommends that City Council 1) Approve the Resolution certifying the Final EIR for SUBTT16072, Development Agreement DRC2002-00156, and Annexation DRC2003- 00865; 2) Approve the Resolution permitting: the City to initiate proceedings for the annexation of 160 acres of land generally located on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue; 3) Deny the Appeal as submitted by Craig A. Sherman, attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., dated May 19, 2004, and approve Tentative Tract Map 16072; and 4) Adopt the Ordinance approving Development Agreement DRC2002-00156 between the City of Rancho Cucamonga and Richland Pinehurst for the purpose of developing an approximate 150.8 acre site with up to 359 residential lots. Respectfully submitted, BB:LH/Is Attachments: Exhibit "A" - Regional Map Exhibit "B" - Site Plan Exhibit'; C" - Planning Commission Staff Report Dated May 12, 2004 Exhibit "D" - Planning Commission Minutes dated May 12, 2004 Exhibit "E" - Responses to Correspondence Exhibit "F" - Findings of Fact in Support of Findings For Significant Environmental Effects of the Rancho Cucamonga Tentative Tract Map Number 16072 Project and Statement of Overriding Considerations (dated May 6, 2004) Exhibit "G" - Final Conditions of Approval Exhibit "H" - Mitigation Monitoring Checklist Resolution Certifying the Final EIR Resolution Initiating Proceedings For Annexation Resolution Denying Appeal to Approve SUBTT16072 Ordinance Approving Development Agreement D1—Pg 12 E3 RESOLUTION NO. 04-M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT MAP SUBTTISM FOR A RESIDENTIAL SUBDIVISION OF 358 LOTS ON APPROXWKTELY !30.11 ACRES OF LAND M1 THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW (.1-2 DWELLING UNITS PER ACRD RESIDENTIAL DISTRICTS OF THE ETIWANDA NORTH SPECIFIC PIAN, LOCATEDONTHE NORTH SIDE OF WILSON AVENUE BETWEEN ETiWANOA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORTTHEREOF -. APN: 0225-083-01,12,13,113,16 AND20, AND APPROVING TENTATIVE TRACT MAP SUSTT16072 FORA RESIDENTIAL SUBDIVISION OF358 LOTS ON APPROXIMATELY 150.5 ACRES OF LAND IN THE LOW (2-4 DWELLING UNIT$ PER ACRE) AND VERY LOW (.12 DWELU146 UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE EnWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORTTHEREOF—APN: 0225083-01, 12,13,15,16 AND 20. I. Richland Pinehurst, Inc. (the "Applicant-) seeks approval of a series of actions related to the annexation of land from unincorporated San Bernardino County Into the City of Rancho Cucamonga, the approval of Tentative Traci Map SUBTT16072, and associated beveiopment Agreement. The actions also Include the development of 358 singlefamily housing units on approximately 150.8 acres. The total area to be annexed Is approximately 160 acres. The average density of the development is approximately 2.38 dwelling units per gross acre for the entire site. These aeries of actions and approvals are hereinafter defined In this Resolution as the "Project' 2. The Applicant has submitted the fallowing opplicatlons relating to the Project: Annexation DRC2002.00885. Tentative Tract Map SUBTT16072, and Development Agreement DRC2002-00155 (eonectively the 'Project Applications'). These Project Applications. as wen as the appeal of the Planning Commission's approval of Tentative Tract Map SUBTT16072, constitute the matters Involving the Project which are submitted to the City Council of the City of Rancho Cucamonga for decision and action. 3. On May 12.2004, the Planning Commission of the City of Rancho Cucamonga conducted a duty noticed public hearing on Ste Project, and after the receipt of Public testimony, dosed the hearing on that date. On May 12. 2004, the Planning Commission adopted Resolution No. 0456, certifying the Fatal EIR for purposes of approval of Tentative Trod Map SUBTT16072 and approving Tentative Tract Map SUBTT18072. D1—Pg 13 Resolution No. 04-206 Page 2 of 31 4. On May 19, 2004, Craig A. Sherman, attomeyfor the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., tiled an appeal of the Planning Commission's approval of Tentative Tract Map SUBTT16072. 5. On June 2, 2004. the City Council of the City of Rancho Cucamonga conducted a duty noticed public hearing on the Final EIR and the Project, at which time all Interested parties were given an opportunity to be heard and to present evidence regarding to mony, the Ci uracil continued the pEIR and utt P heating on the Final ojecL After the EIR and the blic PrProject to its regularly scheduled meeting of June 16, 2004. 6. On June 16. 2004, the City Council of the City of Rancho Cucamonga condti ted a continued public hearing on the Final EIR and the Project, at which time all Interested parties were given an opportunity to be heard and to presentevidence regarding the Final EIR and the Project, and after the receiptof publiiclestimorry, closed the hearing. 7. AN legal prerequisites prior to the adoption of this Resolution have occurred. NOW, THEREFORE, ftiehereby fourhd, determined, and MGQtwed by the City Council of the City of Rancho Cucatrhonga as follows: This Council hereby specifically Ends that a1 of the fads set forth in the Recitals, Part A, of thin Resolution are true and correct ECYf01 Based upon the facts and informllon contained In the mord of this Project, the City Council makes the following findings and. statements, and takes the 101Wng actions, pursuant to the Calfomia Environmental QuaAty Ad (CEOA) (Puble Resources Code Section 21000 et Wq.): a. The City of Random Cucamonga, acting as the lead agency. prepared the Draft Environmental impact Report (EIR) for the Project including certain technical appendices (the 'Appendices') to the Draft EIR, (State Clearinghouse No.2002091053). The Draft EIR wasdraalatedfor a45 - day public review and comment period from December2, 2003 enough January 21, 2004. Commends were received during that period and written responses were prepared and sent to all persons and entities submitting comments. Those comments and the responses thereto have been included In the Final EIR, as have the Appendices to the Draft EIR. Those documents together comprise the Final EIR. b. The City Council finds that the Final EIR was oompleted pursuant to CrzQA, and the State Guidelines for Implementation of CEQA, 14 Califomia Code of Regulations, Section JSM, of. seq. ("the Guidelines"). By Resolution No. D4.204, the City Council has certified the Final EIR as being In compliance with the requirements of C EEA. D1—Pg 14 Resolution No. 04.206 Page 3 of 31 c. The City Council finds that the Final EIR was presented to the City Council and that the City Council reviewed and considered the information In the F rml HIR and has reached its own conclusions with reaped to the Projectand as to whe#Wand howto approve the various components of the Project approvalc d. The City Council finds fret the Final FIR represents the independent judgment of the City Council of ft City of Rancho Cucamowga and adequately addresses the impacts of the Project and Imposes appropriate mitigation measures for the Project. e. Public Resources Code Section 21061 provides that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant environmental effects unless the pubkcagencyr makes one or more of the following findings with respect to each significant effect I. Changes or atteratlons have bean required in. or incorporated into the project, which mlUgate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. U. Such changes or alterations are within the responsibility and Jurisdiction of another public agency and such changes have been adopted by such agency or can and should be adopted bysueh other agency. III, Specific economic, social or otherconsideratans make infeasible the mitigation measures or project allematives Identified in the erwironmental Impact report The City Council finds, basad upon the Initial Study, the Final EIR, public comments. publicaganey comments, and the entire record before It, that the Project may cream significant impacts in the areas of Geology and Soils, Bi WIcal Resources. TransportallmCraffic, Air Quality Noise, Aesthetics, Cultural Resources, and Public Services and Ltltitlea. However, changes or ahteretions have been required In, or Inoorporated Into the Project which will mitigate, and In some cases, avoid the signitkant impacts. The specific changes and altemdons required, and a brief explanation of the rationale for the Mhdkigs with regard to each impact, are contahned Inthe "CEQA Findings• for the Project (Eidhfittt "P to the June 16. 2004 City Council Staff Report) and are in=Wratud herein by reference. in addition to the rationale and explanation oentained in the "CEQA'Findinga: the City Council makes the following additional findings regarding the impacts to the resources and services listed in this paragraph: D1—Pg 15 Resolution No. 04-206 Page 4 of 31 Oeotosvandsoils. The Final EIRidentifiesthatdevelopmentofdte Project wifl expose people and structures to risks associated with seismic hazards, elope instability, and foundation Instability. With respect to seismIc hazards, this risk arises because of the existence of regional faults located in the area and the existence of the Etlwanda Avenue Scarp fault that runs northeasterly across the Prated site. The risks presented by these faults include, fault - induced ground rupture, seismlmllyinduced slope Instablily, ground lurching, saismicaly induced settlement, and seismic ground shaking. Mitigation measures are Imposed which require the Applicant to setback structures north of the Etiwanda Avenue Scarp thrust fault by at least 100 feet and to set back a0 struchsss south of that fault zone by 50 feet (Mitigation Measure GS -I). All structures within Seismic Zone 4 of the site shall be designed In accordance with the Uniform Building Code and general engineering standards for seismic safety (Mitigation Measure 08-2). M addition, graded slopes will be designed to resist seismically induced failures, loose, to shan be removed and properly lova n the nsurface® the clnative surfiaal and and properly recontp artificial fib shall be removed and recompacted of exported offsite. (Mitigation Measures GS -3 — G!"). Based on these mitigation measures, fixe City Council We that the potential for fault4nduced ground rupture, seismically induced slope tnstalft, ground kuchkxg, and seismically Inducted settlement will be mitigated to a level of less than significant The City Council finds that even after these mitigation measures, the risks of seismic ground shakkig will not be reduced to less than significant levels. With respect to slope ktstabilfty, graded slopes are proposed on the. Project site, with gradients for the slopes to be variable to provide a natural visual appearance, and cut and it akxpes of apprwdmatelyO feet high are proposed to be constructed. Mitlgation Measure GS -6 Is imposed which requires additional stabilization measures for potentially unstable graded slopes exceeding 15 feet In helghL Based on this mitigation measure, the City Council finds that ttue potential for slope Instability will be mitfgeted to a level of less than sigrcfiioarr With respect to foundation inafability,.the upper few feet of native soil onsite and uncontrolled fins existing on the site are potentially compressible. Because of variation in grain size within alluvial fan deposits on the site, potential collapse of soil material may result in localized areas. The presence of oversized rocks on the site and the removal of such rocks Can result in deficiencies of fill material. Mitigations measures are imposed which require the Applicant to remove and recompact potentially compressible soils (Mitigation Measure GST), to Identify methods for eliminating the potential for coHapsibie soils and after construction, to minimize the infiltration of D1—Pg 16 Resolution No. 04206 Page 8 of 31 water into subsurface soils by proper surface drainage (Mitigation Measure GS -a), and to relocate oversize rocks on the Project site durimateerials(6 g(Mitigation Measure GS-9),operations to reduce �Based on l deficiency these mitigation measures, the City Council finds that the potential for foundation instabiilty will be mitigated to a levet of less than significant II. j iolootcal R¢19WM. The Final EIR Indicates that, prior to the Grand Prix fire of October 2003, that area was previously covered with Calftria Buckwheat -White Sage Scrub (44.1 acres), White Sage Scrub (82.5 acres), Scalebroom Scrub (11.2 acres), non-native grassland (2.1 acnes), disturbed and cleared areas (6.0 acres) and omamental landscaping (4.1 acres). In categorizing the vagelason in accordance with the "Holland System," the Ftml EIR identifies Riversidean Alluvial Fan Sage Scrub (RAFSS) dMded Into two subgroups: the Etiwanda Alluvial Fan Group (171.3 acres), the Priddy Group/Alluvial Chapperal Group (39.5 acres). In addition, the final EIR identifies an arae of Omanhenta l Woodland and Mturbed plants (13.8 aces). The proposed Project would result in the loss of approximately 147.7 acres of Riveraidean Alluvial Fan Sage Scrub (RAFSS). In addition, the Final EIR identifies 213 trees that satisfy the City s criteria for "hedtage trews'' 15 sensitive plant spedfies as occurring within the general vIdnity, of the Project site, and the existence of PlumnWs mariposa Nly plants (a sensitive species) on the side. To mill" impacts for the loss of approvdmately 147.7 acres of RAFSS, a mitigation measure Is Irnposed to require the Applicant to acquire 147.7 acres of land within or now the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP), area that supports simhlar RAFSS habitat (Mitigation Measure B-1). In addition, measures are imposed to ensure limits are kepton grading activities, that newlandscaping is cahsisieMhxith native landscaping, that lighting is controlled into areas of sensitive wildlife habitat, and ihatfuture residents of the Project are informed about sensidvw wildlife areas and encouraged hwt to plant invasive plants (Mitigation Measures 8-2 — B-5). To mitigate Impacts lo common plant spades, all 213 heritage trees shall be removed and replaced with native trees at a reptaownent ratio of one to one (Mitigation Measure &6). With respect to sensitive plant spades, prior to the issuance of a grading permit focused surreys for Plummer's mariposstityshall be owlukted bya qualifted blologistfor possible collection and relocation PAtlgetion Measkre B-7). Based on these mitigation measures. the City Council finds thattha impacts to natural plant communities. common plant species and sensitive plant species will be mitigated to a levet of lea than significant D1—Pg 17 Resolution No. 04206 Page 6 of 31 The Final OR indicates that the site is within the critical habitat of the federally listed endangered San Bernardino kangaroo rat. However, protocol surveys were conducted In 2001 and 2002 and revealed no presence of this species on the site. The site is also within the known range and within designated critical habitat for the federally fisted threatened coastal California gnstcatcher. In addition, spades of concern were found on the site which include the Northwestern San Diego pocket mouse, the San Diego desert woodrat, and the Los Angeles little pocket mouse. The site does support nesting habitat for raptor spades and suitable habitat for the San Diego homed lizard and on mge-throated whiptall (state spades of special concern). in addition, 1,13 acres of waters would be affected and drainage courses would be impacted by the Project. To address these impacts. a mitigation measure is Imposed to provide follow•trp focus surreys for the San Bsmardiro kangaroo rat and the coastal California gnatcatcher prior to issuance of grading permits (M itigetion Measures"and "). Aqualified biological monithrwiil be ors -site during grading to reduce mortality to sensitive spades, including rodent species and incidental species (Mitigation Measure B•10). If grading activities occur during active nestim season, a field survey will be conducted to preserve arty active nests and the areas around them until the nesting cycle is complete (Mitigation Measure B-11). With respect to impacts on waters and'steambeds, the Applicant shall obtain required permits from the U.S. Army Corps of Engineers and the California Department of Fish and Game and comply with those permit requirements (Mitigation Measure B-12). Based on these mitigation measures, the City Council finds that the impacts to sensitive wllctlfs species, and Jurisdictional areas (waters and streambeds) will be mitigated to a laval of less than significance. Ill. Transoortaflenrrraffic. The Final EIR indicates that the proposed Proieat will Increase vehicle trips and impact the Level of Service (LOS) along arterial streets and Intersections. LOS bevels, of "D' or better do not represent a significant traffic Impact, whereas LOS levels of "E" or worse do represent a significant traffic Impact. Specifically. this Final EIR found that Project traffic, together with other anticipaied traffic, win likely cause traffic flow to be deficient by experiencing a LOS of "F" during the AM peak hour at the inlersectkxsa of Etiwanda Avenue at Banyan Street, Etnvenda Avenue at Highland Avenue, and East Avenue at Banyan Street. During the PM peak how, the Intersection of Etlwande Avenue at Banyan Sheet, which will operate at an LOS of "E". At buildout, certain Intersections In the Immediate area will have LOS levels of 'F". Mitigation Measures are imposed to require the Applicant to construct various roadway improvernents at certain phases of the Project For eemmpb, during the opening year of the Project, the Applicantwitl be required to constructWilson Avenue from Ethwanda Avenue to East Avenue and to make various improvements to East D1—Pg 18 Resolution No. 04206 Page 7 of 31 Averwe (MMgadW Measures 7T-3—TT-5). The Applicantwill also be required to construct Etiwanda Avenue from the north Project boundary to Golden Prairta Drive at its ultimate half -section width (Mitigation Measure TT -6). In addition, traffic signals. tum lanes and other Improvements are required at various intemactions in the vicinity of the Project (Mitigation Measures TT -7 and TTS). Finally. the Applicant witi be required to contribute its fair share toward the cost of off-site roadway Improvements (TT -1 and TT -2). Based on these mitigation measures, the City Council finds that the impacts of the Project on trafic and circulation will be mitigated to a level of less than significant. iv. Air Qual The City Council finds, based upon the Initial Study, the Final EIR, public comments, pubticagencycomments. and the entire record before lt, that the Project may create significant and unavoidable impacts to air quality. Specifically, the Final EIR identifies that short -tern emissions from construction refaced activities are likely to exceed the thresholds of significance specified by the South Coast Air Quality Management District (SCAQMD). Short-term emissions are caused by fugitive dust and other particulate matter, exhaust emissions generated by earthmoving activities and operation of grading equipment, emissions generated during building construction as a result of egWpment and vehicle operation, electrical oonsumption, and coating and paint applicalions. During the building phase of the Project, tevats of nitrogen Oxide (NO,), reactive organic compounds (ROC) and atmospheric particulates (PMto) will likely exceed the recommended SCAQMD daily thrOdtioids, and NO. and ROC emissions will Ilkely exceed the recommended SCAQMD quarleriy thresholds, thereby msWM In significant short -tome alr quaMy Wpaots. tong -tens arniselons aro caused by motor vehk le emissions and emissions from the consumptlon of natural gas and electricity, the use of landscape equipment and the storage and use of consumer products. These emissions exceed iia recommended SCAQMD thresholds for N%, Carbon Monoxide (CO) and ROC. Mitigation measums'for short - tern impacts upon air quality are Imposed on the project (Mitfigation Measure AQ -1 — AQ -10) which will .require various dust control measures, emission control measures and off -aft actions. Included in those measures are requirements to limit the treat the site with water or other sort-stablNty agents, sweep haul roads, suspend grading operations when wird speeds exceed 25 miles per hour, apply che„ngoal soil stabitiaers to inacxfve construction areas, select equipment based on low emission Wars, use only low volatiuty paints and architectural coatings, and implement temporary traffic control during soil transport activities. M'Aigation measures for long- term imparts upon air quality are Imposed on the Project (Mitigation Measure AQ -11— AQ -13) which require the Applicantto participate in D1—Pg 19 Resolution No. 04206 Page 8 of 31 the cost of oft -site traffic signal hsstalladon and synchronization through payment of a mitigation fee, equip the residential sKuctures with energy efficient appliances. and coordinate bus routing with transit agencies to determine locations and feasibility of providing bus stop shelters at Applicant's expense. The City Council finds that with etrpiementation of the recommended measures, shortand long-term emissions will be reduced, and that the Project's consnbution to regional emission of criteria pollutants will be minimized. However, the City Council finds that despite the imposition of all these comprehensive mitigation measures, short-term construction emissions (building phase) will exceed SCAQMD's thresholds for ROC and NOx. and that long-term stationary and mobile smisslons will exceed applicable thresholds for NOx, CO and ROC, and therefore, would remain significant after mitigation. v. The Final EIR Identifies the likelihood of short-term impacts on ambient noise levels during construction of the Project The primary source of construction noise is heavy equipment associated with construction activities, such as trucks, graders, bulldozers, concrete mixers,, onmes and portable generators with high levels of sound generation. In addition, the Final EIR identifies the likelihood of long-term significant noise impacts on residences propos on the perimeter of the Project site and adient to Etiwanda Avenue, Wilson Avenue, and Fast Avenue. For short-term noise Impacts, mitigation measures are imposed that A require the construction contractors to equip all oonstruction equipment with property operating and maintained mufflers, implement spectlIc noise reduction measures when construdtvn takes place near existing residences, locate equipmerd staging areas away from sensitive receptors, and complyvdth the City/s Development Codefortours of construction activity — 8:30 a.m. to 8:00 p.m., Monday through Saturday, with no construction to take place on Sundays or holidays (Mitigation Measures N-1— N-4). To address Ing -term Impacts to certain residential structures within the Project, sound barriers shall be placed at specified locations near Project road ktiersections and perimeter street intersections, and residential structures fmiing on Etiwanda Avenue. Wilson Avenue and East Avenue will have mechanical ventilation so that windows can remain closed, and upgraded windows and other improvements will be installed on said residential structures so that Interior noise levels are reduced to 45 dS CNEL or less (Mitigation Measures N-5 — N-6). Based on these midgaticn measures, the City Council finds that the short term and long-term noise Impacts from the Proj *YM be rftigated to less than slgnificant levels. D1—Pg 20 Resolution No. 04-206 Pogo 8 d 31 vi. The. Final EIR Indicates that Implementation of the proposed residential community may substantially after the existing character of the Project site as well as views of the San Gabriel Mountains. In addition, tine proposed Project and the cumulative effectof davelopmentin the Pmjactvic Ir*maypamhano*atWd* visual landscape of the San Gabriel Mountains. To address these Impacts, landscaping and pecimetar walls shall be installed. landscaped transitions will be made between developed and the natural unbuilt environment, a strong landscaped edge LWl be required a" roadways adjacent to the Project, utilities will be undemmunded where feasible, and trees and structures strati be used to frame and orient views at iuy locations (Mitigation Manures AES -1 — AES -5). Based on these mitigation measures, the City Council finds that although the implementation of the above mitigation measures will mitigate visual impacts assadated with the proposed Project to a Wd that Is low that shtgnlficant. the cumulative Impact of the Project upon aesthetics as well as future development in the Project vicinity will remain significant and unavoidable. vii. Cultural Re pRurces . The Final EiR indicates that three archadogt(W sites are within the Project area, It is also Wely that prehistoric remains may still be buried at these sites. To mitigate for the potential loss In Native American archeological resources, the Applicant is required to retain a City -approved archeologist to develop an archaeological mitigation part and a discoverylUtialment plan. These plans will require the monitoring of 50 percent of the excavation activities., the treatment of found material and its recordation, mapping and disposition (Mitigation Measures tit-1— CR-6). The Final EiR also identifies the possible presence of buried fossilized remains. To mitigate these impacts, the Applicant shall retain a CilyaWroved paleontologistto monitor excavation activities and to prepare. Identify and Curate all recovered fossils for documentation and transfer to an appropriatedepositay. (Mitigation Measures CR -7 — CR -1 1). Based on these nufigation measures, the City Council finds that the Impacts tithe Project on ardtieologW and paleontological resources will be mitigated to less than significant levels. vUl. Pgblie $9OdM and Udbdm The Final ER identifies that the Proposed Project will create a demand for fire services, water services, wastewater services, and ectoois, and will contributs to cumulative impacts to the need far water supplies, waslawater treatment, and schools. Mitigation Manures have been Imposed to require the Applicant to obtain approval of the specific designs forfirs flow and proposed fire resistant materials (Wliitigatfon Measure F-1), pay a Water service development fee (Mitigation Measure W1). utilize a xeriscape landscape and irrigation design to conserve water on Project common areas {Mitigation Measure W-2), provide funds to D1—Pg 21 Resolution No: 04-206 Page 10 of 31 the Cucamonga County Water District for sewer service prior to occupancy (Mttipatlon Measure W W-1), and pay the required school Impactfea as required by Govemment Code Section 65995, which Is deemed to constitute fun and cornplate mitigation of the Project's Impacts to schools (Mitigallon Measurs x5.1). Based on these mitigation measures and requirements, the C tyCouncO finds that the Impacts of the Project on public services and utilities will be mitigated to less than significant levels. g. The Project Is also anticipated to have the potential to create contaminated runoff containing compounds such as landscaped chemicals and automotive fluids. To reduce this impact, the Applicant win be required to prepare a Storm Water Pollution Protection Plan (SWPPP) and file a Notice of Intent with the Regional Water Quality Control Board (RWQCB). As part of standard constriction practices, best management practices (BMPs) are required to ensure that potentlaly hantrful chemicals or pollutants are not discharged from the site. These measures indude sandbags, temporary diversion and temporary containment areas. Based on these requirements, the City Coundt finds that the impacts of the Project on hydrology and water quality will be reduced to less tltan significant levels. h. The City Council finds. based on the Final BIR, that after Implemenlatla+ of the proposed mitigation measures. the f0WWng impacts associated with the proposed Project would remain signincant: geology and soils (seismic ground shaking), air quality (short -harm and long-term, emissions), and aesth$tic$Msual (arm11118We v16"). 1. The City Council finds, based on the Final EIR, that the Project will not create significantgrawth inducing impacts because the Pmject will be an extension of existing maldential development to the west and the Project is consistent with development contemplated in the 2001 General Plan update as weft as the Etiwanda North Specific Plan approved in 1981. The City Council also finds that the pntjeat would result in an irretrievable commitment of natural resources (energy demands) and land. ). The Final SIR describes a range of altematives to the Projectthat might fulfill basic objectives of the Project. These alternatives include the required "No ProjecVNo Development" alternative, the 'Retention of Riversidean Alluvial Fan Sage Scrub Alternative," and the'Less Intens* Development" Alternative. As set forth below, the alternatives identified In the SIR are not feasible because they would not achieve the baslc objectives of the Project or would do so only to a much smaller degree and, therefore, leave unaddressed the s(gnlficent economic, infrasWcture, and GeneralPian goals that the Project is intended to accomplish, and are thus infeasible due to social and economic considerations, and/or they are Infeasible because they would not eliminate the adverse environmental Mrpacts of the proposed Project. AccoMingiy, each of the alternatives is infeasible. In making this finding, the City Council determines as follows: D1—Pg 22 Resolution No. 04-206 Page 11 of 31 4 The objectives of the Projectare: a) To provide singla fammilyy housing units consistent with the intent of fM! Citys General Plan and the Etiwanda North Specific Plan. b) To annex the proposed tentative tract Into the City of Rancho Cuoamange. c) To create a project that is generally consistent and compatible with other odsting and proposed uses In the vicinity of the project and the comm mity of Etiwanda in general. d) To provide project' infrastructure including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services. o) To phase the development of the proposed project to ensure adequate utilities are provided. To design and landscape the proposed project to create an aestheticallypleasing living environment. iq The "No PmjecUNo Development Alternative assumes that no new land uses would be constructed on the project site and that the site would remah vacant and undeveloped. Although this altsmative is environmentally superior to the proposed Project, it would not meet any of the Project objectives. As the subject property is under private ownership, the e&mination or future development within a previously approved Specific Plan Is not legally orfinandallyfaasible. Therefore this alternative is rejected. 4q The'Retenfion of Rlversidean Alluvial Fan Sage Scrub" Alternative assumes that all vegetation classified as RAFFS are not affected by development. AsftPtqectsftcmWmapprwdrmtelylO.Stol3.8 acres of disturbed or ornamental woodland, this alternative would only Involve tha development of those 10.6 to 13.8 acres. teased on the same residential density as the proposed Project p.e. 2.4 units per acre), 25 to 33 single-family housing units would be constructed. Although this Leval of development could eliminate the potential significant unavoidable effects assodated with itre loss of RAFFS. this alternative would not meet the objactives of the Project, Including, but. not limited to. providing sGig"mily housing units consistent with the Intent of the Etiwanda North Specific Plan. In addition, the City Council finds, based an substantial evidence, that it is not economically feasible for the Applicant to construct the requited Infrastructure as contemplated by the Etiwanda North Specific plan while constructing only 25 to 33 housing units on the entire property. The City Council specifically finds the required Improvements to roadways. pipelines, water supplies, and other infrastructure would not be e=nomfcatiyfeasiblevAth a return on investment of o0y25to 33 housing units. D1—Pg 23 Resolution No. 04206 Page 12 of 31 Iv) The 'Less intense Development" Alternative is an alternative that attempts to avoid all significant, unavoidable, adverse long -tern air emission Impacts. To accomplish this result.. approximately 104 housing Unita would need to be eliminated. This would result In approximately 255 residential units on the site with an average dwelling unit per acre density of approxunataty 1.7 units per acre compared with the proposed 2.4 units per acre. This project density Is not consistent with the Edwanda North Specific Plan and would not meet many of the objectives of the proposed Prajaot. k. Mitigation measures described in the Mitigation Monitoring Program will avoid or substantially lessen the poknijany significant environmental effects of the Project. Further, the environmental, physical, social, economic and other benefits of the Project, as set forth in this section and in the 'CEQA Findiings' for the Project (Exhibit OF to the June 16, 2004 City Council Staff Report), which is incorporated herein by this reference, outweigh anyunavoidable, significant, adverse Impacts that may occur as a result of the Project. Therefore, due to overriding benefits of the Project and because the alternatives Identified in the Final EIR are not feasible, as discussed In paragraph above, the CltyCoundl hereby finds, based on substantial evidence presented during the June 2, 2004 and June 16, 2004 public hearing, including written and oral staff reports and public testimony, thatanyunavoidable Impacts ofthe Project. including the rrdtigated but unavoidable impacts frorn seismic grated shaking, the short-term and long-term impacts to air quality, end the cumulative Impacts to aesthetics from the permanent alteration of the visual landscape of this region, are acceptable based on the findings contained herein and in the 'CEQA Findings' for fie project This determination shall cm%ltuw a statement of overriding considerations within the meaning of CEQA and is based on any one or the following environmental and other benerds of the Project Identified in the Final EIR and the record of the city Council's proceedings, (q Provision form use of land consistent with the established policies and goals of the City of Rancho Cucamonga General Plan, Edwanda North Specific Plan, City Development Code, and an other CRY Development guidelines; (If) Annexation of the 150acm Project site and adjacent 10."cre area into aha City of Rancho Cucamonga; (uly Implementation and consistency with ire policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan. City Development Code and ail other City development guidelines; (hr) Creation of a Project that isgefWgYConsistent and rompaWswith other existing and proposed uses in the vicinity of the Project and community of Etiwanda in general; D1—Pg 24 Resok4lon No. 04.206 Pails 13 of 31 (v) Provision of Project Infrastructure Including streets, waterand sewer maks. and ilood control consistent with City and regional plans related to these services. (vQ Phasing of the development of the proposed Project to ensure adequate utilities are provided; (vIQ Integration of the Project with the character of the surrounding neighborhoods and establishment of a development that results in logical, coordinated growth; (VIII) Provision of a System of public1carimunity facilities, including trails, open space areas, and landscaping to support the residents of the Prnjed and surrounding area in an eflldert and timely manner; (ix) Design and landscaping of the proposed Project to create an aesthetically pleasing Iivtng environment. I. The mitigation measures in the Final MR that correspond to the environmental impacts which may result from ft Project are hereby adopted and made a condition of approval of, or Incorporatsd into, the Project. The City Council also hereby adopts the Witigation Monitoring Pian" attached as Exhibit W to the June 16, 2004 City Council Staff Report for this Project The Mitigation Monitoring Plan will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condtion of Project approval as set forth in this Section of this Resolution and Exhibit "H.' m. Pursuant to provisions of Calikmia Public Resources Code Section 21068 (b), the findings contained in this Resolution shag not be operative, vested or final until all required filing fees assessed pursuant to California Fish and Gem Code Section 711.4, together with any required handling charges, are paid to the County clerk of the County of. San Bemardino. SEOON 3: Based upon the substantial evidence presented to this Council during the above -referenced public hearing and upon ft spedflo findings of facts act forth in Sections 1 and 2 above, this Council hereby finds and concludes as follows: a. The Tentative Tract Map is consistent with the General Plan, Development Code, and any applicable specific plans.- The density, design and development standards of the Tentative Tract Map are consistent with the City's General Plan and with the Etiwanda North Spedflo Plan. The Tentative Tract Mp is also consistent with the General Plan's Intention of extending the low density Image of Old Etiwanda Into the area as provided in General Plan Policy 2.4A.5. D1—Pg 25 Resolution No. 04-206 Page 14 of 31 b. The design or Improvements of the Tentative Tract Map Is consistent with the General Plan, Development Code, and any Applicable specific plans. The proposed devetopmentis designed to comply with the design theme Imposed for North Etiwanda as specified In the North Etiwanda Specific Plan. Specifically, the lots are relatively large, the tract contains a local trail system with connections to the regional troll system, and the design standards for landscaping, walls, fencing, lighting and community entries comply with the overall thematic design for the North Etiwanda area of litre City. a. The site Is physically suitable for ft type of development proposed. The site Is located in proximity to existing roadways and infrastructure. The tract is designed to address existing topographical and geological conditions and'to achieve a»mpiienoe with existing legal, biological and geological limitations of the sfte. Based on the whole record, the City Council finds that the site Is physically suitable for the proposed residential housing development. d. The site is physically suitable for the proposed densily of development The project will have an average density of 2.3 dwelling unite peracra fur Um entire project and will complywith the density restrictions imposed by the existing General Plan and Etiwanda North Specific Plan. The minimum lot size will be 8,400 square feet and the average lot sine will be approximately 11,400 square feet. These sine# are compatible with the surrounding developed areas and with the physical conditions and Ilmhatlons on the sits. a. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humens.and wtidiife or thelr habitat. Based on extensive mitigation measures relating to native plants, sensitive species and wildlife, the Impact of the project an biological resources Is determined to be mitigated to a level of less than significant Further, the mlWon measures related to seismic shaking, fires, wind and other conditions are deemed to be sufficient to avoid substantial Injury to humans. L The Tentative Tract Map is not Ikely to cause serious public health problems. As specified In prior sections of this resolution, conditions and Mitigation Measures have been Unposed that will reduce risks from seismic activities, fires, esu winds and other hazards and, based an these oonditlons and restrictions. the City Council finds that Me project win not cause serious public health problems. g. The design of the Tentative Tract Map will not conflict with any easement acquired by the public at large, now of record, for access through of use of the property within the proposed subdivision. Based on the evidence in the record of this mettar, the project has been designed to recognize and prated exsting conservation areas and open space resources maintained by public entitles as well as utility easements and Over existing private and public easements and restrictions imposed on the Project site. D1—Pg 26 ResohWon No. 04-208 Page 16 of 31 BEQMQtj 4 Based upon the fundings and conclusions set fotlh in Sections 1, 2, and 3 above, this Council hereby denies the appeal of the Planning Commission's approval of Tentative Tract Map 16072 and hereby approves the application (rentative Tract Map 16072) subject to each and every condition set forth below and in the Standard Conditions, attached hereto and Incorporated herein by this reference. Planning Oiyesion 1) All future appkcations for Development Review shall be reviewed for consistencywith the approved Tentative Tract MV and provisions of the associated DevetoprneM Agreement, along with the design gultlelines of the Efiwanda North Specific Plan, including standards for parkways and streetscape design, slope planting, and neighborhood monumentation and wall designs, 2) The terrace drain splash walls and the edges of all down drains within the landscaped siopes shall be lined with river rock cobble to maintain a native appearance. 3) The applicant shall provide landscaping and Irrigation along the detention basin on the south side of `P Street 4) A minimum 3 feet of landscaping is required between the back of sidewalk and any retaining wall; and a minimum of 5 feet of landscape setback is required between the back of the sidewalk and any walftnee. 5) The applicant shall establish a financial mechanism that would provide money for the future construction of the Upper Etiwanda Neighborhood monumhentation at both the northeast and nortrwest comers of Wilson Avenue and EastAvenue, In accordance with the Neighborhood design theme or the Etiwanda North Specific Plan. 6) Achy tot that is designed wM a retaining wall at the toe of the rear yard slope shall be provided with steps so that the homaowrw has appropriate access to the slope area for landscaping and maintenance. 7) Tree Removal Permit DRC2003-00461 is approved in oonjkmcdon with Tentative Tract Map SUBTT16072, Including all environmental mitigation pertaining to blotoglcal resources as iderttifed herein, 8) The effective date of the approval of Tentative Tract Map SUBTT16072 shall be the last to occur of both of the folk wing events: (1) the date that Development Agreement ORC2002-00156 has taken etfact, and 01) the data that the annexation of the property Into the City has occurred. D1—Pg 27 Resolution No. 04-206 Page 16 of 31 L47r! 11 J.7- {1ufiL7ia 1) A Homeowners Association (HOA) shall be created for the maintenance of the proposed landscapelslope areas on eftheratde of the Community Trail within the FauftZona and any lettered Its in the Interior and exterior to the tract, except for the Community Tram fencing and airfares. Development shall also join Landscape Maintenance District (LIVID) No. 7, prior to final map racordabon. a) Aitemativaly, the CmyvAll=sidercrealingsnew=forthe above4neridoned areas if Me developer can PMVide a design that can be cost eRecgvely maintained to the satisfaction of the City Engineer. b) If entrances are gated. they shall conform to City design standards. 2) The Etiwanda Avenue frontage sham be improved as a Secondary Arterial including curb and gutter, OWL HPSV streetlights, e parkway Corn iunity Trall with HOA or LIVID landscaping, and traffic striping and signage, including R26(s) as required. 3) East Avenue shall be improved as idiom: a) Install Coltactor Street improvements in the west half of the 18 feet of pavement east of the ce tract boundary,I f�40 feet along with a 2•foot wide graded shoulder. This would include curb and gutter. sidwmlkorpodewayCommr W4Tra1 with HOA or LIVID landscaping, 5600L HPSV atraNghts, and traffic striping and signage, including R26(s) as required. Additionally, construct 44 feet of pavement width for the first 200 feet north of Wilson Avenue, transitioning back to 40 feet install an AC berm a" the entire east We length of EastAvenue. The developer may requesta reimbursement agreemerto recovier the cost for Improvements, east of the cenleellne Mand south of the south bled bbOliOW91Y,rfrom future development as it oc in on adjacent properties within the city limits. b) South of Wilson Avenue, East Ave" should be constructed 36 feet wide to Banyan Street. The developer snug receive credit against, and reimbursamernt of casts to excess of, the Transportation Development Fee for these backbone Improvements, in conk irmanoe with City policy. q) If the developer falls in submit for said fetmbumement agreements within six months of the public improvements being accepted by the City. all rights of the developer to reimbursement shalt terminate. D1—Pg 28 Resolution No. 04-206 Page 17 of 21 4) Wilson Avenue shah be Improved as follows: a) Install full width Divided Secondary Arterial improvernants, from Etiwanda Avenue to East Avenue. This would include curb and gutter, asphalt pavement, a landscaped median, HOA or LMD landscaping, ourvilir>oar sidewalk, 9500E HPSV sfreetiights, and traffic striping and signage, Including R26(s) as required. b} The developer shah receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee far the median curbs and 14 feet of pavement on both sides, in conformance with City policy. The developer may also request a relmbutsameraagreement to recover the cost for Improvements other than the "backbone" including median landscaping, south of the centerline and along the Not -A -Part parcel from future development on adjacent properties. If tha developerfalls to submit for said reimbursement agreements within sic months of the public improvements being accepted by the City, all rights of the developer to reirnbursement shall tamdnate. e) The fight—of—way will need to be obtained f M Metropolitan Water Dlstrld (MWD), as well as a pamdt for improvements to the south side of Wilson Avenue. 5) Construct parkwayCornmunityTreNs, per Standard Drawing 1002-A, on the east side of Etiwanda Avenue north of Street OV and on the west side of East Avenue north of Street "N' Provide a drainage facility along the toe of any landscaped 3:1 (d HOA, 2:1 allowable) slopes adjacent to the trail surface, so that no surface flows drain over the trail, 6) Construct an interior Community Trail, per Standard Drawing 1004, within Lots J and I over the Faun Tone. The trap shall cross Street "A" at an intersection and be publicly maintained. 7) AN.pubiicly maintainedlandscapefolope areas should incorporate attractive, low maintenance designs to City public works landscape standards, including 40 percent hardscape. Slope widths should be minimized through the use of $(finch maximum height freestanding retaining waft and retaining beneath perimeter wale subject to City Planner approval a) LMD landscaping within the FaultZone.(Lots I and J) and the 65 -foot parkway on the south side of Wilson Avenue shall be designed for mininat maintenance Vartsoape). D1—Pg 29 Resolution No. 04-206 Page 18 of 31 8) Priva(w. homeowners (or a HOA) shall maintain interior comer aide yards. If new a LMD is formed, eliminate Lots C, D; E, F. and N, and the 5 -foot strips that wrap around the comers from Lots L and K. side yard slope areas can be reduced through the use of retaining walls, 2:1 slopes, and allowing comer lots to drain toward the sloe street, with curbside drain outlets if necessary. Side yard stupes and fencing shall not infringe 'on the lines-of4ght for local street Intersections. 2) Lot G along the"Not•A-Park parcel Is not acceptable for public (LVAD) rnatnMnance. The owner of said partxl should be approached regarding off-site grading permission, so that the property fine can be located at the top of slope. 10) Construct Etiwanda/San Sevalne Area 3 MasterPlan Storm Drain facilities along the north property line from Etiwanda Avenue to the Etiwanda Spreading Grounds, including cuNarks for both Etiwanda and East Avenues to cross the facility. Standard drainage fees for the site shall be credited to the cost of permanent master plan facilities, in accordance with City policy. The developer may request a•reimbursement agreement to recover ovenWing 008%, in excess of fees, from future development If the developer fails to submit for said reimbursement agreement within six months of the public Improvements being accepted by the City, all rights of the developer to reimbursement" terminate, a) K required by the San Serrwrdfgq County Flood Control District to provide an hWm detention basin for this facility, Conditran No. 15 shag also apply to this facility. 1) Flood protection Willes shall be Completed prior td occupancy release.. 11) Obtain otkate ease ndnts, for grading In the SCE easement north of the proposed channal, prior to grading pem* issuance. 12) Install local storm drains to convey development drainage to the existing Master Plan Storm Drain in Wilson Avenue. E-dand the local storm drain system as for on-site as needed to contain Qa, within tops of curbs and Qt within rights-of-way and provide a 10400t dry lane In Qro. The cost of local storm drains shall be bome by this development with no fee credit 13) Where sump catch basins are used, provide hw and Intercept Qiw In both sump catch basins and their laterals. 14) Interim basins shall have secondary overilowmUtes to sheets without Impacting adjacent lots. D1—Pg 30 L£ 6d—LQ 's-4= Pejoid eta uq pmwppe aq 11048 MOM "u4 P994UGPI "- S jo enueuelulen (64 'us4d INAPRIE) M IIo (sdW9) saagPerd)uowa6euaW IM algeolldde AJAueP! 'joeulBu3 /l)* OW JO UOVE;sPUS o4l of (dy#DW u011 7usuiaBouoW AI!Ier10 jelaM 0 eP!+wld ($4 'ale4s ilei ila41 &mungwleu jo} elglwodsel aq IpAA aadolaeap all 'sia4)o Aq pepnilsuoo are (•o)e'u!eIp uLa)e'W*40) se!!en% PeuuqupU anoge eta jo bue 11 (L; ,saRuew Ile of s"we Ano!4en ePI=d (94 '010(1��/ \WO111846 wrxuasJngwlal cn xWolahbp e4; to sW& Ila 6410 0W Rq poldeooe Buleq spmuiwwdury ollgnd a4) )o syluow M UILP m wowealBe 1UaUGWrK[WP PINIWM of sllel]adolseap 841!4 'ulSeq e4I Balm )uaadwanep emuy ural ('ole 7aMo) 9949 Pelulw ulsaq slowMn We pM W W Ism elmopuloid ft ja no, ol )uotuae!lie )uewaSlnquuw alswbw Aaw jodolonap 941 (a 41+ou 0yl 01 )uewesea aos e4l Pus sanuanVBPUMR� PUB ysea'uosllMAq p0pinoq me eque a41 jol wA% podolanep ingd. uI a) pou6!sep aq Ile4s:wse9 (P 'Buldeospuel 4pM )uawsoeldw alarp pus seals CHI u!ylut sluewanoALw u!seq wlla)uI loR==MaalnallulueAed'uogeplgaaldew leu!{oqJoud (o '4iodwd a4) 4119 rmtr w PPN= aq 184s )uawaaBs plus aLL1 •moq bew Avo a4l 91s?D aoueus)ulew hue io) 4noes se Isodep 4seo a apnpul ge42 )uaulae16e plus a4,t, •JadolansP eta M s)soa MW ssasse W AD iq 6gmolle pue luapgInsul sl ammaW!ew elenpd A AllpPI oW reeW!ew o) sems to 146u 044 LWm All* 0w DAWoid Inq'AI!u; 841to aoweua)ulewenpd Bu!ee)uslenBRewo}/ Apo 94 PUB JaaulBug 40 M to uogsel w e41, o) palrraaxa aq 9848. Iuautae 59 ooueuslu!etu a Jo LRMN uoguslap eta to aoueuayulew sol Peuuoj eq lle4s Pump )uawsoesse W (q •ulseq e4) Bulup4wo slat e4l JW A* sot In )uewesea IIIBJOdwa1 a ePI=d (0 :MWOU3/4!3 eql Aq Ponadde 4rodau aBeulalp leu} a Aq peypsni'smnollal se 'UjMp uuo)s enusny uosyM e4) Jot (s)u!soq UNUMP WNaWI IonllsuQO (94 Le to 64 0601 OW -K) 'ON troonpssN Resolution No. 04-206 Page 20 of 31 20) The project applicant shall demonstrate they have recelvad written approval from Metropolitan Water District for any proposed activities within Metropolitan's fee property prior to proceeding with the proposed improvements to Wilson Avenue or proceeding with any other activity that may infringe upon or Impact rights-ot-way. Coordination with Metropolitan and submittal of design plans should be in accordance with the "Guidelines for Developments in the Area of Facilities, Fee Properdaa, ardor easements of the Metropolitan Water District of Southern California AesOlefres AES•1: The applicant shall Install landecaping and perimeter waft prior to occupancy for the following, phases and locations as shown on the Projecl Phasing Plan (Exhibit 3-6): + Phase t -Along W ilson and Etiwanda Avenues • Phase 2 -Along Wilson Avenue • Phase aAlong Eliwanda Avenue Phase 4 Along East Avenue AES -2: Prior to approval of a landscape plan, the project applicant shall provide transitions between the developed and natural (unbuft)environment through landscaping techniques. AES -3- Prior to approval of a landscape plan, the project applicant shall ensure that streatccaps design along the roadways adjacent to me;ptlect site create a strong landscaped edge, provIdes shpanic" mute andenhancet image of adjacent development AES4; The project applicant shall provide for the undergrounding of utility lines and faditles. wherever feasible, to mWMIM the unsightly appearance of overhead utility lines and utility enclosures. AES -6: Prior to approval of a landscape plan, trees and structures shadbe used to frame and orient such views at key locations, and obstruction or views should be kept to a'minimum a" Etiwanda Avenue and East Avenue. Air Qua* AQ -1- The site shall be treated with water or other soil-etaWILzing agent (approved by SCAQMD and Regional Water Quality Control Board (RWQCBj) dally to reduce PM,,, emissions. in accordance with SCAQMD Rule 403. D1—Pg 32 RESOLUTION NO. 04-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT MAP SUBTT16072, ADOPTING A MITIGATION MONITORING PROGRAM, AND APPROVING TENTATIVE TRACT MAP SUBTT16072, A RESIDENTIAL SUBDIVISION OF 358 LOTS ON APPROXIMATELY 150.8ACRES OF LAND IN THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW (.1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0225-083-01,12, 13, 15, 16 AND 20. A. Recitals. 1. Richland Pinehurst, Inc. filed an application for the approval of Tentative Tract Map No. 16072, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing on May 12, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 150.8 acres of property located along the north side of Wilson Avenue between Etiwanda and East Avenues, and is presently unimproved property; and, b. The property along the north boundary of the site is a Southern California Edison (SCE) power line corridor approximately 330 feet in width, and to the north of the power line corridor is also undeveloped property currently in the Very Low Residential land use district of the Et1wanda North Specific Plan; the property to the south consists of the Cucamonga Valley Water District (CVWD) Water Treatment facility as well as unimproved property within the Very Low Residential District of the Etiwanda Specific Plan; the property to the east is existing single-family residential development within the Low Residential District of the Etiwanda North Specific Plan; and the property to the west is unimproved property currently within the Very Low Residential District of the Etiwanda North Specific Plan; and EXHIBIT D1 —Pg 33 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 2 C. The Tentative Tract Map includes 358 lots for single-family residential development. The northern portion of SUBTT16072 includes 167 lots on 56.61 acres with a density of 2.95 dwelling units per acre. The southern portion of the project includes 191 lots on 65.71 acres at a density of 2.92 dwelling units per acre. The combined net density of the project is 2.93 dwelling units per acre. The gross density of the project is 2.38 dwelling units per acre; and d. The project is consistent with the density provisions of the General Plan Land Use Designations of Low Residential (2-4 dwelling units per acre) and Very Low Residential (.1-2 dwelling units per acre) as averaged across the project site (as described in subsection c. above); and, ,e. The project includes a Tree Removal Permit, the project site contained several trees that all burned in October 2003, during the Grand Prix Fire. All remaining trees will be removed and landscaping within the on-site open space zones will include trees in accordance with species identified in the Etiwanda North Specific. .Plan design guidelines for the .Upper Etiwanda Neighborhood theme. f. The project includes the development of a Community Trail which follows the alignment of the Red Hill Fault Zone; and, g. Development of the project site will result in the loss of 147.7 acres of Riversidean Alluvial Fan Sage Scrub (RAFSS). The project proponent is required through the certification of the EIR and the adoption of the Mitigation Monitoring Program to acquire a similar amount of off-site property for habitat preservation and provide an endowment for long-term maintenance; and h. The project is traversed by the Etiwanda Avenue Scarp of the Red Hill Fault Zone, thereby dividing the project into a northern portion and a southern portion. The Fault Zone Boundaries and Restricted Development Areas are identified on the Tentative Tract Map, and the environmental impacts of the fault zone have been evaluated in the EIR for which mitigation measures have been included in the Mitigation Monitoring Plan; and, i. The project will generate approximately 3,436 dailytrips that can be accommodated through street improvement upgrades as conditioned herein and as required through certification of the EIR and adoption of the Mitigation Monitoring Program; and, j. The proposed project, together with all conditions of approval and the provisions of the Development Agreement, will not be detrimental to the public health and safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Tract Map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the Tentative Tract Map is consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is -not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and D1 —Pg 34 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 3 e. The Tentative Tract Map is not likely to cause serious public health problems; and f. The design of the Tentative Tract Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the record of this project, the Planning Commission makes the following findings and statements, and takes the following actions, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.): a. The Project that has been evaluated under CEQA involves a series of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, and the approval and development of Tentative Tract Map No. 16072 ("TTM 16072") and associated Development Agreement. The proposed project includes 358 detached single-family housing units on approximately 150.8 acres. The density of -the project is 2.93 dwelling units per acre. The gross density of the project including open space, Flood control and streets is 2.38 dwelling units per acre. The portion of the Project that requires approval by the Rancho Cucamonga Planning Commission is TTM 16072. b. The City of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report ("Draft EIR") for the Project (State Clearinghouse No. 2002091053). The Draft EIR was circulated for a 45 -day public review and comment period from December 2, 2003, through January 21, 2004. Comments were received during that period and written responses were prepared and sent to all commentors. Those comments and the responses thereto have been included in the Final EIR, as have the appendices to the Draft EIR. Those documents together comprise the Final EIR. C. The Planning Commission finds that the Final EIR was completed pursuant to the CEQA, and the State Guidelines for Implementation of CEQA, 14 California Code of Regulations, Section 15000, et. seq. ("the Guidelines"). The Planning Commission also finds that the Final EIR represents the independent judgment of the Planning Commission of the City of Rancho Cucamonga and adequately addresses the impacts of the Project and imposes appropriate mitigation measures for the Project. The Planning Commission has also reviewed and considered the contents of the Final EIR and has reached its own conclusions with respect to the Project and as to whether and how to approve Tentative Tract Map SUBTT16072. d. The Planning Commission hereby certifies the Final EIR as being the environmental document for the Project and for the Planning Commission action in approving Tentative Tract Map No. 16072. The Planning Commission finds that the additional information provided in the staff report, in attachments to the staff report, in the comments to the EIR, and presented at the public hearing does not represent significant new information so as to require re -circulation of the EIR pursuant to Public Resources Code Section 21092.1. e. The documents and other materials that constitute the record of the proceedings which include, but are not limited to, the staff report for the Project, as well as all of the materials that comprise and support the Final EIR and support the staff reports concerning the Project, are located in the office of the City Planner of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California 91729. The custodian of these documents is the City Planner of the City of Rancho Cucamonga. D1—Pg 35 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 4 f. The Planning Commission finds, based upon the Initial Study, the Final EIR, public comments, public agency comments, and the entire record before it, that the Project may create significant impacts in the areas of Aesthetics; Air Quality; Biological Resources; Noise; Public Services; Transportation and Traffic; Cultural Resources; Geology and Soils; and Utilities and Service Systems. With respect to the impacts to all of these resources and services, the EIR identifies mitigation measures for each of those impacts that will substantially lessen the impacts. g. In response to each significant impact identified in the EIR, and listed in paragraph f of this Section of this Resolution, changes or alterations are hereby required in, or incorporated into the Project, which avoid or substantially lessen the impacts identified. The specific changes and alterations required, and a brief explanation of the rationale for the findings with regard to each impact, are contained in the "Findings of Fact in Support of Findings for Significant Environmental Effects of the Rancho Cucamonga Tentative Tract Map Number 16072 project and statement of overriding considerations" (Exhibit "A" of the Resolution) and are incorporated herein by reference. h. Implementatiori of mitigation measures identified in the Final EIR and imposed as a condition of the approval of SUBTT16072 will substantially mitigate many of the environmental impacts described in paragraph f of this Section, to the extent feasible, as described in the attached Exhibit A. The Final EIR also identifies significant adverse impacts that cannot be fully mitigated or avoided, including impacts from seismic ground shaking, short-term impacts on air quality from construction -related emissions, long-term impacts on air quality from project emissions, and cumulative aesthetic impacts of the visual landscape of the San Gabriel Mountains. I. The Final EIR describes a range of alternatives to the Project that might fulfill basic objectives of the Project. These alternatives include the required "No Project/No Development" alternative, the `Retention of Riversidian Alluvial Fan Sage Scrub Alternative," and the "Less Intense Development' Alternative. As set forth below, the alternatives identified in the EIR are not feasible because they would not achieve the basic objectives of the Project or would do so only to a much smaller degree and, therefore, leave unaddressed the significant economic, infrastructure, and General Plan goals that the Project is intended to accomplish, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the adverse environmental impacts of the proposed Project. Accordingly, each of the alternatives is infeasible. In making this finding, the Planning Commission determines as follows: The objectives of the Project are to: a) To provide single-family housing units consistent with the intent of the City's General Plan and the Etiwanda North Specific Plan. b) To annex the proposed tentative tract into the City of Rancho Cucamonga. c) To create a project that is generally consistent and compatiblewith other existing and proposed uses in the vicinity of the project and the community of Etiwanda in general. d) To provide project infrastructure including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services. utilities are provided. e) To phase the development of the proposed project to ensure adequate D1—Pg 36 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST,'INC. May 12, 2004 Page 5 f) To design and landscape the proposed project to create an aesthetically pleasing living environment. ii) The "No Projecf/No Development"Alternative assumes that no new land uses would be constructed on the project site and that the site would remain vacant and undeveloped. Although this altemativeis environmentally superior to the proposedi project, it would not meet any of the project objectives. As the subject property is under private ownership, the elimination of future development within a previously approved Specific Plan is not 'legally or financially ,feasible. Therefore this alternative is rejected. tit) The "Retention of Riversidian Alluvial Fan Sage Scrub" Alternative assumes that all vegetation classified as RAFFS are not affected by development. As the project site already contains approximately 10.6 acres of disturbed or ornamental woodland, this alternative would only involve the development of approximately 10:6 acres. Based on the same residential density as the proposed project (i.e. 2.4 units per acre), 25 single-family housing units would be constructed. Although this level of development could eliminate the potential significant unavoidable effects associated with the loss of RAFFS, this alternative would not meet the objects of the project, including, but not limited to not being consistent with the Etiwanda North Specific Plan. In addition, the Planning Commission finds, based on substantial evidence, that it is not economically feasible for the applicant to construct the required infrastructure as contemplated by the Etiwanda North Specific Plan while constructingonly 25 housing units on the entire property. The Commission specifically finds the required improvements to roadways, pipelines, water supplies, and other infrastructure would not be economically feasible with a return on investment of only 25 housing units. iv) The "Less Intense Development" Alternative is an alternative that attempts to avoid all significant, unavoidable, adverse long-term air emission impacts. To accomplish this result, approximately 104 housing units would need to be eliminated. This would result in approximately 255 residential units on the site with an average dwelling unit per acre density of approximately 1.7 units per acre compared with the proposed 2.4 units per acre. This project density is not consistent with the Etiwanda North Specific Plan and would not meet many of the objectives of the proposed project. j. Mitigation measures described in the Mitigation Monitoring Program, will avoid or substantially lessen the potentially significant environmental effects of the Project. Further, the environmental, physical, social, economic and other benefits of the Project, as set forth in this Section and in Exhibit A, which is incorporated herein by this reference, outweigh any unavoidable, significant, adverse impacts that may occur as a result of the Project, including impacts on seismic ground shaking, short-term impacts on air quality from construction -related emissions, long-term impacts on air quality from project emissions, and cumulative aesthetic impacts of the visual landscape of the San Gabriel Mountains. Therefore, due to overriding benefits of the Project and because the alternatives identified rin the EIR are not feasible, as discussed in paragraph i above, the Planning Commission hereby ,finds that any unavoidable impacts of the Project, including the mitigated but unavoidable impacts from seismic ground shaking, short-term impacts on air quality from construction -related emissions, long-term impacts on air qualityy from project emissions, and cumulative aesthetic impacts of the visual landscape of the San Gabriel Mountains, are acceptable based on the findings contained herein and in Exhibit "A," which is incorporated herein by this reference. This determination shall constitute a statement of overriding considerations within the meaning of CEQA and is based on any one of the following environmental, and other benefits of the Project identified in the Final EIR and the record of the Planning Commission's proceedings: D1—Pg 37 PLANNING COMMISSIONRESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 6 i) The project will provide single-family housing units oonsistentwith the intent of the City's General Plan and the Etiwanda North Specific Plan. ii) The project will allow the proposed tentative tract to be annexed into the City of Rancho Cucamonga so as to allow for development consistent with City standards and long-range planning for infrastructure and public services. iii) The project will be generally consistent and compatible with other existing and proposed uses in the vicinity of the project and the community of Etiwanda in general. iv) The project will provide needed infrastructure including streets, water and sewer mains, and Flood control consistent with City and regional plans related to these services not only for the proposed development but for other projects, residents and property owners in the area. v) The project will include a design and landscaping that will create an aesthetically pleasing living environment for the betterment of existing and new residents of the City. k. The Mitigation Measures in the Final EIR that correspond to the environmental impacts which may result from the Project are hereby adopted and made a condition of approval of, or incorporated into, the Richland Pinehurst Project. The Planning Commission also hereby adopts the "Mitigation Monitoring Plan" attached hereto as Exhibit "B." The Mitigation Monitoring Plan will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval as set forth in this Section of this Resolution and in Exhibit "B". 1. Pursuant to provisions of the California Public Resources Code Section 21089 (b), this application shall not be operative, vested or final until the Notice of Determination (NOD) is filed and posted with the Clerk of the Board of Supervisors of the County of San Bemardino and all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. In the event this application is determined exempt from such filing fees pursuant to the provisions of the California Fish and Game Code, or the guidelines promulgated thereunder, condition shall be deemed null and void. 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 Division 1) All future applications for Development Review shall be reviewed for consistency with the approved Tentative Tract Map and provisions of the associated Development Agreement, along with the design guidelines of the Etiwanda North Specific Plan, including standards for parkways and streetscape design, slope planting, and neighborhood monumentation and wall, designs. 2) The terrace drain splash walls and the edges of all down, drains within the landscaped slopes shall be lined with river rock cobble to maintain native appearance. D1—Pg 38 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBT1716072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 7 3) The applicant shall provide landscaping and irrigation along the detention basin on the south side of "F" Street. 4) A minimum 3feet of landscaping is required between the back of sidewalk and any retaining wall; and a minimum of 5 feet of landscape setback .is required between the ,back of the sidewalk and any wall/fence. 5) The applicant shall establish a financial mechanism that would provide money for the future construction of the Upper Etiwanda Neighborhood monumentation at both the northeast and northwest comers of Wilson Avenue and East Avenue, in accordance with the Neighborhood design theme of the Etiwanda North Specific Plan. 6) Any lot that is designed with a retaining wall at the toe of the rear yard slope shall be provided with steps so that the homeowner has appropriate access to the slope area for landscaping and maintenance. 7) Tree Removal Permit DRC2003-00461 is approved in conjunction with Tentative Tract Map SUBTT16072, including all environmental mitigation pertaining to biological resources as identified herein. 8) _ The effective date of the approval of Tentative Tract Map SUBTT16072 shall be the last to occur of both of the following events: (i) the date that Development Agreement DRC2002-00156 has taken effect, and (ii) the date that the annexation of the property into the'City has occurred. Engineering Division 1) A Homeowners Association (HOA) shall be created for the maintenance of the proposed landscape/slope areas on either side of the Community Trail within the fault Zone and any lettered lots in the interior and exteriorto thetract, except forthe Community Trail fencing and surfaces. Development shall also join Landscape Maintenance District (LIVID) No. 7, priorto final map recordation. a) Alternatively, the City will consider creating a new LIVID for the above-mentioned areas if the developer can provide a design that can be cost-effectively maintained to the satisfaction of the City Engineer. b) If entrances are gated, they shall conform to City design standards. 2) The Etiwanda Avenue frontage shall be improved as a Secondary Arterial including curb and gutter, 9500L HPSV streetlights, a parkway Community Trail with HOA or LIVID landscaping, and traffic striping and signage, including R26(s) as required. 3) East Avenue shall be improved as follows: D1 —Pg 39 PLANNING COMMISSION RESOLUTION NO. 05-56' SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 8 a) Install Collector Street improvements in the west half of the project, from Wilson Avenue to the north tract boundary, plus 18 feet of pavement east of the centerline, for a total of 40 feet along with a 2 -foot wide graded shoulder. This would include curb and gutter, sidewalk or parkway Community Trail with HOA or LIVID landscaping, 5800L HPSV streetlights, and traffic striping and signage, including R26(s) as required. Additionally, construct 44 feet :of pavement width for the first 200 feet north of Wilson Avenue, transitioning back to 40 feet. Install an AC berm along the entire east side length of East Avenue. The developer may request a reimbursement agreement to recover the cost for improvements east of the centerline and south of the south tract boundary; from future development as it occurs on adjacent properties within the City limits. b) South of Wilson Avenue, East Avenue should be constructed 36 feet wide to Banyan Street. The developer shall receive credit against, and reimbursement of costs in excess, of, the Transportation Development Fee for these backbone improvements, in conformance with City policy. c) If the developer fails to submit for said reimbursement agreements withir six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 4) Wilson Avenue shall be improved as follows: a) Install full width Divided Secondary Arterial improvements, from Etiwanda Avenue to East Avenue. This would include curb and gutter, asphalt pavement, a landscaped median, HOA or LIVID landscaping, curvilinear sidewalk, 9500L HPSV streetlights, and traffic striping and signage, including R26(s) as required. b) The developer shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee ,for the median curbs and 14 feet of pavement on both sides, in conformance with City policy. The developer may also request a reimbursement agreement to recover the cost for improvements other than the "backbone," including median landscaping, south of the centerline and along the Not -A -Part parcel from future development on adjacent properties. If the developer fails to submit for said reimbursement agreements within six months of the,public improvements being accepted by the City, all rights of the developer to reimbursement shall terninate. c) The right-of-way will need to be obtained from Metropolitan Water District (MWD), as well as a permit for improvements to the south side of Wilson Avenue. D1 —Pg 40 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 9 5) Construct parkway Community Trails, per Standard Drawing 1002-A, on the east side of Etiwanda Avenue north of Street "U" and on the west side of East Avenue north of Street "N." Provide a drainage facility along the toe of any landscaped 3:1 (if HOA, 2:1 allowable) slopes adjacent to the trail surface, so that no surface flows drain overthe trail. 6) Construct an interior Community Trail, per Standard Drawing 1004, within Lots J and I over the Fault Zone. The trail shall cross Street "A" at an intersection and be publicly maintained. 7) All publicly maintained landscape/slope areas should incorporate attractive, low maintenance designs to City public works landscape standards, including 40 percent hardscape. Slope widths should be minimized through the use of 30 -inch maximum height freestanding retaining walls and retaining beneath perimeter walls subject to City Planner approval. a) LIVID landscaping within the Fault Zone (Lots I and J) and the 65 -foot parkway on the south side of Wilson Avenue shall be designed for minimal maintenance (Xeriscape). 8) Private homeowners (or a HOA) shall maintain interior comer side yards. If new a LIVID is formed, eliminate Lots C, D, E, F, and N, and the 5 -foot strips that wrap around the comers from Lots L and K. Side yard slope areas can be reduced through the use of retaining walls, 2:1 slopes, and allowing comer lots to drain toward the side street, with curbside drain outlets if necessary. Side yard slopes and fencing shall not infringe on the lines -of -sight for local street intersections. 9) Lot G along the Not -A -Part parcel is not acceptable for public (LIVID) maintenance. The owner of said parcel should be approached regarding off-site grading permission, so that the property line can be located at the top of slope. 10) Construct Etiwanda/San Sevaine Area 3 Master Plan Storm Drain facilities along the north property line from Etiwanda Avenue to the Etiwanda Spreading Grounds, including culverts for both Etiwanda and 'East Avenues to cross the facility. Standard drainage fees for the site shall be credited to the cost of permanent master plan facilities, in accordance with City policy. The developer may request a reimbursement agreement to recover oversizing costs, in excess of fees, from future development. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. a) If required by the San Bernardino County Flood Control District to provide an interim detention basin for this facility, Condition No. 15 shall also apply to this facility. D1—Pg 41 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND P(NEHURST, INC. May 12, 2004 Page 10 b) Flood protection facilities shall be completed prior to occupancy release. 11) Obtain off-site easements, for grading in the SCE easement north of the proposed channel, prior to grading permit issuance. 12) Install local storm drains to convey development drainage to the existing Master Plan Stomi Drain in Wilson Avenue. Extend the local storm drain system as far on-site as needed to contain Qts within tops of curbs and Qloo within rights-of-way and provide a 10 -foot dry lane in Q,o• The cost of local storm drains shall be bome by this development with no fee credit. 13) Where sump catch basins are used, provide two and intercept Q100 in both sump catch basins and their laterals. 14) Interim basins shall have secondary overflow routes to streets without impacting adjacent lots. 15) Construct interim detention basin(s) for the Wilson Avenue storm drain, as follows, justified by a final drainage report approved by the City Engineer: a) Provide a temporary easement to the City for the lots containing the basin. b) An assessment district shall be formed for maintenance of the detention basin or a maintenance agreement shall be executed to the satisfaction of the City Engineer and the City Attorney guaranteeing private maintenance of the facility, but providing the City with the right of access to maintain the facility if private maintenance is insufficient and allowing the City to assess those costs to the developer. The said agreement shall include a cash deposit as security for any maintenance costs the City may incur. The said agreement shall be recorded to run with the property. c) Prior to final map recordation, pay an in lieu fee for removal of interim basin improvements within LMD areas and their replacement with landscaping. d) Basin shall be designed to mitigate developed flows for the entire area bounded by Wilson, East, and Etiwanda Avenues and the SCE easement to the north. e) The developer may request a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.) from future development using the basin. If the developer fails to submit said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. D1 —Pg 42 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC.. May 12, 2004 Page 11 16) Provide vehicular access to all manholes. 17) If any of the above-mentioned facilities (street, storm drain, etc.) are constructed by others, the developer will be responsible forreimbursing their fair share. 18) Provide,a Water Quality Management Plan (WQMP) to the satisfaction of the City Engineer. Identify applicable Best Management Practices (BMPs) on the Grading Plan. 19) Maintenance of BMPs identified in the WQMP shall be addressed in the project CC&Rs. 20) The project applicant shall demonstrate they have received written approval from Metropolitan Water District for any proposed activities within Metropolitan's fee property prior to proceeding with the proposed improvements to Wilson Avenue or proceeding with any other activity that may infringe upon or impact rights-of-way. Coordination with Metropolitan and submittal of design plans should be in accordance with the "Guidelines for Developments in the Area of Facilities, Fee Properties, and/or easements of the Metropolitan Water District of Southern California." Environmental Mitigation Aesthetics AES -1: The applicant shall install landscaping and perimeter walls prior to occupancy for the following phases and locations as shown on the Project Phasing Plan (Exhibit 3-8): • Phase 1 -Along Wilson and Etiwanda Avenues • Phase 2 -Along Wilson Avenue • Phase 3 -Along Etiwanda Avenue • Phase 4 Along East Avenue - AES -2: Prior to approval of a landscape plan, the project applicant shall provide transitions between the developed and natural (unbuilt) environment through landscaping techniques. AES -3: Prior to approval of a landscape plan, the project applicant, shall ensure that streetscape design along the roadways adjacent to the project site create a strong landscaped edge, provides a coherent high-quality appearance along a particular route, and enhances the image of adjacent development. AES -4: The project applicant shall provide for the undergrounding of utility ,lines and facilities, wherever feasible, to minimize the unsightly appearance of overhead utility lines and utility enclosures. D1 —Pg 43 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 12 AES -5: Prior to approval of a landscape plan, trees and structures shall be used to frame and orient such views at key locations, and obstruction of views should be kept to a minimum along Etiwanda Avenue and East Avenue. Air Quality AQ -1: The site shall be treated with water or other soil -stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB)) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. AQ -2: During construction, all haul routes 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 time of year of construction. AQ -3: Suspend grading operations when wind speeds exceeding 25 mph to minimize PM10 emissions from the site during such episodes. AQ -4: Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. AQ -5: The Construction contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned to and maintained in accordance with the manufacturers specifications. AQ -6: The construction contractor shall utilize electricorclean ahemative fuel powered equipment where feasible. AQ -7: The construction contractor shalt ensure that construction -grading plans include a statement that work crews will shut off equipmentwhen not in use. AQ -S: The construction contractor shall use low VOC architectural coating during the construction phase of the project. AQ -9: During construction of the'proposed improvements, temporary traffic control (e.g., flag person) will be providedduring soil transport activities. Contractor will be advised,not to idle trucks on site for more than ten minutes AQ -10: During construction of the proposed improvements, only low volatility paints and coatings as defined in SCAQMD Rule 1113 shall be used. All paints shall be applied using either high volume low pressure (HVLP) spray equipment or by hand application. AQ -11: The proposed project will participate in the cost of off-site traffic signal installation and synchronization through payment of the traffic signal D1 —Pg 44 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 13 fair -share mitigation fee. This fee will be collected and utilized by the City to install and synchronize traffic lights as needed to prevent congestion of traffic flow on East Avenue between Banyan Street and the project boundary, and Etiwanda Avenue between Highland Avenue and the north terminus of Etiwanda Avenue. AQ -12: All appliances within the residential units of the project shall be energy-efficient as defined by SCAQMD. AQ -13: The project proponent shall contact local transit agencies to determine bus routing in the project area that can accommodate bus stops at the project access points and determine locations and feasibility of bus stop shelters provided at project proponent's expense. Biological Resources B-1: Prior to recording of the first final map of the project, the property owner shall transfer to the County of San Bernardino Special Districts OS -1 or other qualified conservation entity approved by the City, in fee, at a ratio of 1:1 (or 147.7 acres) of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the City Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner. If the proponent is unable to acquire all or a portion of the offsite mitigation land, the proponent will deposit the equivalent mitigation cost of $10,000 per developable acre with City -approved agency, which acquires and maintains open space. These funds will be used to purchase and manage mitigation lands. B-2: To reduce impacts on adjacent offsite habitat during site preparation, grading and clearing limits shall be staked prior to issuance of the grading permits. The limits of grading and clearing shall be staked at50•foot intervals with suitable indicators such as white PVC (polyvinylchloride) pipe with steel bases. Construction equipment shall not be operated beyond the grading and clearing limits, and a restoration program shall be incorporated to restore any disturbed offsite areas. 121-3: Landscaping adjacent to natural areas offsite shall use native and drought -tolerant plant species. Such species shall be reflected on Project landscape plans. The use of species known to be weedy invasives, such as German ivy (Senecio milkaniodes), periwinkle (Vinca major), or iceplant (Carpobrotus spp.), shall be prohibited. B-4: In areas where night lighting may have adverse impacts on sensitive wildlife habitat, one or more of the following alternatives shall be utilized, D1—Pg 45 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 14 . recognizing the constraints of roadway lighting requirements: (1) low -intensity street lamps, (2) low -elevation light poles, or (3) shielding of internal silvering of the globes or external opaque reflectors. BS: Provide residents of the future development literature pertaining to sensitive wildlife in the area and provide ways the residents can reduce effects on the wildlife, including effects pets have on native wildlife. A list of invasive plants that are commonly planted in landscaping will be included in this literature and it will be recommended that certain plants be avoided, such as giant reed (Arundo donax) castor bean (Ricinus communis) and Pampas grass (Cortaderia selloana). This literature shall be approved by the City of Rancho Cucamonga and included within the conditions, covenants, and restrictions (CC&Rs). B-6: All 213 "heritage trees" shall be removed and replaced with native trees within the proposed development. Replacements have been proposed at a 1:1 ratio. B-7: Prior to issuance of a grading permit, focused surveys for Plummer's mariposa lily shall be conducted by a qualified biologist. Surveys shall be conducted during flowering period (May to July) in all portions of the project site containing suitable habitat. If present, the number and location(s) will be documented and the resource agencies will be notified for consultation and possible collection and relocation. B -S: A follow-up focus survey for the San Bernardino kangaroo rat shall be conducted prior to the issuance of grading permits. If this species is determined to be present onsite, consultation with United States Forestry Wildlife Service (USFWS) under the Endangered Species Act shall occur and USFWS-approved mitigation measures shall be implemented. B-9: A follow-up focused survey shall be conducted to confirm the absence of the coastal California gnatcatcher. Special focus will be placed in the northwest comer of the project site, which was not previously surveyed. If this species is determined to be present onsite, consultation with USFWS under the Endangered Species Act shall occur and USFWS-approved mitigation measures shall be implemented. B-10: The project proponent will have a qualified biological monitor present during initial brush clearing to reduce mortality to sensitive species, specifically sensitive rodent species, as well as incidental species. B-11: If grading activities are to occur during active nesting season (generally February 15 -August 31), a field survey shall be conducted by a qualified biologist to determine if active nests covered by the Migratory Bird Treaty Act and/or the California Department of Fish and Game (CDFG) Code are present. If active nests are present, the area will be flagged, along with a 100 -foot buffer (300 -feet for raptors) and will be avoided until the nesting cycle is complete. D1—Pg 46 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 15 B-12: The project proponent shall obtain a Section 404 of the Clean Water Act permit from the U.S. Army Corps of Engineers and a 1603 Streambed Alteration Permit from California Department of Fish and Game prior to grading or any other groundbreaking activities, and shall comply with the permit's mitigation requirements. Cultural Resources CR -1: Prior to the issuance of a grading permit, the project applicant shall retain a City -approved archaeologist to develop an archaeological mitigation plan and a discovery clause/treatment plan. Both of these plans shall be reviewed and approved by the City. The archaeological mitigation plan shall include monitoring 50 percent of the excavation activities on the project site by a City -approved archaeologist and/or their representative. The discovery clause/treatment plan shall include recoveryand subsequent treatment of any, archaeological or historical remains and associated data uncovered by brushing, grubbing, or excavation. The treatment plan shall provide procedures for the curation of any detected cultural specimens. Any recovered cultural resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard professional archaeological practices. Examination by an archaeological specialist shall be included where necessary,, dependent upon the artifacts, features, or sites that are encountered. Specialists will identify, date and/or determine significance potential. CR -2: If the archaeological monitor discovers cultural deposits, earthmoving shall be diverted temporarily around the deposits until the deposits have been evaluated, recorded, excavated, and/or recovered, as necessary, and in accordance with a City -approved recovery plan. Earthmoving shall be allowed to proceed through the area after the archaeologist determines the artifacts are recovered and/or site mitigated to the extent necessary. CR -3: If a previously unknown cultural site is encountered during monitoring and it is determined by the archaeologist that a significance determination is required,, the site shall be evaluated and recorded in accordance with requirements of the State Office of Historic Preservation (i.e., DPR 523 form). In this case, if the site is not determined to be significant, no measures subsequent to recording the site on appropriate forms are required. If any of the sites are determined to be significant, an adequate amount of artifacts at the specific archaeological site shall be collected by the City -approved archaeologist. The archaeologist shall determine the amount of artifacts needed to be collected. CR -4: If human remains are encountered during excavations associated with this project, all work shall halt and the County Coroner shall be notified (Section 5097.98 of the Public Resources Code). The Coronerwill determine whether the remains are of forensic interest. If the coroner, with the aid of the City -approved archaeologist, determines that the remains are prehistoric, he/she will contact the Native American Heritage Commission (NAHC). The NAHC will be responsible for designating the most likely descendant (MLD), k, D1—Pg 47 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 16 who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD will make his/her recommendations within 24 hours of their notification by the NAHC. This recommendation may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Code). CRS: Any recovered archaeological resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard archaeological practices. Examination by an archaeological specialist should be included where necessary, dependent upon the artifacts, features or sites that are encountered. 'Specialists will identify, date and/or determine significance potential. CR -6: A final report of findings will be prepared by the City -approved archaeologist for submission to the City, project applicant, and the Archaeological InfomYation Center of the San Bernardino County Museum. The report will describe the history of the project area, summarize field and laboratory methods used, if applicable, and include any testing, or special analysis information conducted to support the resultant findings. CR -7: Prior to the issuance of a grading permit, the project applicant shall retain a City -approved paleontologist, The City -approved paleontologist shall monitor all excavation activities in areas of the project underlain by previously undisturbed sediments. Earthmoving in areas of the site where previously undisturbed sediments will be buried but not disturbed will not be.monitored. Monitoring shall begin once earthmoving reaches five (5) feet below the original ground surface. CR -8: Monitoring shall be conducted on a full-time basis in areas of the project underlain by sensitive rock units associated with older alluvium being encountered by earthmoving. CR -9: 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. If too few fossil remains are found after 50 percent of earthmoving has been completed, monitoring can be reduced or discontinued in those areas at the project paleontologist's direction. CR -10: If paleontological resources are detected. 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). CR -11: A final report of findings will be prepared by the City -approved paleontologist for submission to the City, project applicant, and the San Bernardino County Museum. All collected specimens and the final report shall be provided to the San Bernardino County Museum. ME. PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 17 Geology And Soils GS -1: Prior to issuance of a building permit for structures adjacent to the Etiwanda Avenue Scarp thrust fault on the project site, all structures north of this fault shall be set back 100 feet from the faulted zone and all structures south of this fault shall be set back 50 feet from the fault zone. GS -2: Prior to the issuance of a building permit, structures will be designed and constructed in accordance with the Uniform Building Code and general engineering standards for seismic safety for development within Seismic Zone 4. GS -3: Prior to the issuance of a grading permit, engineered slopes of the project site shall be designed in accordance with the Uniform Building Code to resist seismically induced failures. Slope design shall be based on pseudo -static stability analyses using soil -engineering parameters established for the site. GS -4: Prior to the issuance of a grading permit, the grading plans shall state that the loose, cohesionless soils located on the surface of the site shall be removed and recompacted during grading operations. GS -5: Prior to the issuance of a grading permit, the grading plans shall state that the native surficial and artificial fills on the project site that are of low density, shall be removed and recompacted or exported offsite. GS -6: Prior to the issuance of a final grading approval, potentially unstable graded slopes that exceed approximately 15 feet in height will require additional stabilization measures such as buttressing cut slopes with compacted fill, adding geogrid reinforcement to fill slopes, using a higher compaction standard, and/or using retaining walls, GS -7: Prior to the issuance of a grading permit, the grading plans shall state that potentially compressible soils that are located on the project site shall be removed and recompacted in accordance with standard grading procedures. GS -8: Prior to the issuance of a grading permit, the project's soil engineer shall identify the method(s) of eliminating the potential for collapsible soils on the grading plan. Potential methods include excavation and recompaction and presaturation and pre -loading of the susceptible soils in-place to induce collapse prior to construction. After construction, infiltration of water into the subsurface soils shall be minimized by proper surface drainage which directs excess runoff from the proposed slopes and structures. GS -9: Prior to the issuance of a grading permit, the grading plans shall state that during grading operations, the soil engineer shall be consulted to relocate oversize rocks on the project site to reduce the potential deficiency of fill materials that could result from the removal of oversize rocks on the project site. D1 —Pg 49 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 18 Noise N-1: During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with property operating and maintained mufflers consistent with manufacturers standards. N-2: When construction operations occur in close proximity to occupied residential areas, appropriate additional noise reduction measures shall be implemented, including: changing the location of stationary construction equipment to maximize the distance between stationary equipment and occupied residential areas, installing muffling devices on equipment, shutting off idling equipment, notifying adjacent residences in advance of construction, and installing temporary acoustic barriers around stationary construction noise sources. N-3: The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise and the noise -sensitive receptors nearest . the project site during all project construction. N-4: During all project site construction, the construction contract shall limit all construction related activities that would result in high noise levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday. No construction shall be allowed on Sundays and public holidays. NS: The project applicant shall construct sound barriers adjacent to the project lots as shown in Exhibit 5.5-2. The heights of the sound barriers shall be between 3 and 6.5 feet and placed at the top of the proposed slope and at the edge of pads on the residential lots that border Etiwanda Avenue, Wilson Avenue, and East Avenue. The sound barriers may be constructed of earthen berms, masonry, wood, or other similar materials, or combination of these materials to attain the total height required. These sound barriers shall be solid, with no openings from the ground to the indicated height. N-6: Prior to the issuance of a building permit, residential structures proposed on all lots adjacent to Etiwanda Avenue, Wilson Avenue, and East Avenue will require mechanical ventilation so that windows can remain closed. Furthermore, these residential lots will require upgraded windows such as double -pane windows, if these lots have second story strictures. To ensure the specific type of mechanical ventilation and paned windows are included in the building plans, a final acoustical study shall be prepared for City approval prior to approval of Development Review applications for product development. The final acoustical study shall identify the specific requirements to reduce future interior noise levels to 45 dB CNEL or less. Public Services And Utilities F-1: Prior to the issuance building permits, the project applicant shall obtain approval from Rancho Cucamonga Fire Department (RCFD) of the designs for the fire flow and proposed fire resistant structural materials. D1—Pg 50 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 19 W-1: Prior to the issuance of building permits, the project applicant will be required to submit a water services development fee to ensure that adequate water supplies and facilities are available to meet the project demand. W-2: Prior to the issuance of a building permit for each phase, the project applicant shall submit a landscaping and irrigation plan for common areas to the City for approval. Landscaping and irrigation within common areas shall, be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. WW -1: Prior to the issuance of occupancy permits, the applicant shall provide funding to the Cucamonga County Water Agency for sewer service. S-1: Prior to the issuance of building permits, the project applicant shall pay developerimpact fees to the Etiwanda School District and Chaffey Joint Union High School District in accordance with Section 65995 of the Government Code for the proposed residences. TransportafionlTraffic TT -1: The project applicant shall contribute its fair share toward local off-site traffic improvements. On-site improvements will be required in conjunction with the phasing of the proposed development to ensure adequate circulation within the project itself. The fair share contribution of all off-site improvements and timing of all onsite traffic improvements shall be subject to an agreement with the City of Rancho Cucamonga. This agreement shall be in place prior to tract map approval. TT -2: The project applicant shall update construction cost estimates and prepare a current cost of the project's fair share contribution toward traffic. improvements. TT -3: The project applicant shall construct Wilson Avenue from Etiwanda Avenue to East Avenue as a Special. Divided Secondary Arterial (165 ft. Right-of-way) in conjunction with development of the proposed project or as determined by the Development Agreement with the City. TT -4: The project applicant shall construct the extension of East Avenue from the south project boundary with a minimum 36 -foot two-way paved access to the project in conjunction with development of the proposed project or as determined by the Development Agreement with the City. TT -5: The project applicant shall construct East Avenue from the north project boundary to Wilson Avenue to provide 44 -foot two-way paved access and the full shoulder (curb, gutter, street lights, and side walks) on west side of the street in conjunction with development of the proposed project or as determined by the Development Agreement with the City. TT -6: The, roject applicant shall construct Etiwanda Avenue from the north project boundary to Golden Prairie Drive at its ultimate half -section width as a D1 -Pg 51 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 20 Secondary Arterial (96 ft. Right-of-way) in conjunction with development of the proposed project or as determined by the Development Agreement with the City. TT -7: Prior to issuance of building permits, the applicant shall provide funds in accordance with the City's Transportation Development Fee. Collectionof these fees shall represent the project's "fair -share" toward the following transportation improvements required for opening year (Year 2004): Installation of a traffic signal at Etiwanda Avenue at Banyan Street. Installation of a traffic signal at East Avenue at Banyan'Street. Construction of a southbound right tum lane at the intersection of Efiwanda Avenue at Highland Avenue. TT -8: Prior to the issuance of building permits, the applicant shall provide funds in accordance with the City's Transportation Development Fee. Collection of these fees shall represent the project's "fair share" toward the following transportation improvements required for Buildout Year 2020. • Construction of one additional northbound lane to provide a shared left and through lane, and a shared right and through northbound lane, and one additional southbound lane to provide a shared left and through and a shared right and through southbound lane on East Avenue at Banyan Street. • Construction of a westbound through lane on Highland Avenue at Etiwanda Avenue. • Installation of a traffic signal at the intersection of Etiwanda Avenue (North) at Wilson Avenue. • Installation of a traffic signal at the intersection of Etiwanda Avenue (South) at Wilson Avenue. • Installation of a traffic signal at the intersection of East Avenue at Wilson Avenue. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED. AND ADOPTED THIS 12TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: arty T. iel, Vice Chairman ATTEST: Brad Bu ecreta D1—Pg 52 PLANNING COMMISSION RESOLUTION NO. 05-56 SUBTT16072 — RICHLAND PINEHURST, INC. May 12, 2004 Page 21 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART D1—Pg 53 FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE RANCHO CUCAMONGA TENTATIVE TRACT MAP NUMBER 16072 PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS May 12, 2004 INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: a. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final environmental impact report." Because the Rancho Cucamonga Tentative Tract Map Number 16072 project Environmental Impact Report (EIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Rancho Cucamonga hereby adopts these findings as part of the approval of the Rancho Cucamonga Tentative Tract Map Number 16072 project and related applications. The City of Rancho Cucamonga has prepared an EIR for the project in accordance with CEQA and CEQA Guideline requirements. The EIR was subject to review and approval by the Rancho Cucamonga Planning Commission. At a public hearing held on May 12, 2004, the EIR was certified as adequate in accordance with CEQA procedures. After adopting this Statement of Findings of Fact, the Rancho Cucamonga City Council can approve the Tentative Tract Map Number 16072 project. All subsequent, grading permits, mitigation implementation, and regulatory agreements and permits will be reviewed based on the documentation in the EIR. MITIGATED ADVERSE IMPACTS The potential significant adverse impacts that would be mitigated are listed in the following sections. The Rancho Cucamonga City Council finds that these potential adverse impacts would be mitigated to a level that is considered less than significant after implementation of the project design features and recommended mitigation measures. EXHIBIT "A" Tentative Tmct SUnTf 16072/Richland Pinehurst, Inc. D1—Pg 54 Findings GEOLOGY AND SOILS Seismic Hazards Fault Induced Ground Rupture Significant Impact Development of the proposed project will result in the potential for fault -induced ground rupture at the project site. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to issuance of a building permit for structures adjacent to the Etiwanda Avenue Scarp thrust fault on the project site, all structures north of this fault shall be set back 100 feet from the faulted zone and all structures south of this fault shall be set back 50 feet from the fault zone. Seismically -Induced Slope Instabili Significant Impact Development of the proposed project including the interim detention basins will include graded slopes of up to 40 feet in height and gradients of 3:1 or less. Strong ground motions could induce slope instability. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of a grading permit, engineered slopes of the project site shall be designed in accordance with the Uniform Building Code to resist seismically induced failures. Slope design shall be based on pseudo -static stability analyses using soil -engineering parameters established for the site. Tentative Tract SUBM607LRichland Pinehurst, Inc. 2 Findings D1—Pg 55 Ground Lurchin.e Significant Impact Colluvial soils and loose cohesionless soils are present at the surface of the project site. Ground lurching due to seismic shaking could result in impacts to structures. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and -the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuance of a grading permit, the grading plans shall state that the loose, cohesionless soils located on the surface of the site shall be removed and recompacted during grading operations. Seismicallp-Induced Settlement Significant Impact ' Strong ground shaking can cause settlement by allowing greater compaction of the soil particles. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of a grading permit, the grading plans shall state that the native surficial and artificial fills on the project site that are of low density, shall be removed and recompacted or exported offsite. Slope Stability Significant Impact Implementation of the proposed project would result in slopes at 40 feet in height. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Tentative Tact SUBT716077JRichland Pinehurst, Inc. 3 Findings D1—Pg 56 Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of a final grading approval, potentially unstable graded slopes that exceed approximately 15 feet in height will require additional stabilization measures such as buttressing cut slopes with compacted, fill, adding geogrid reinforcement to fill slopes, using a higher compaction standard, and/or using retaining walls. Foundation Stability Compressible Soils Significant Impact The upper few feet of the native soil onsite is potentially compressible. Uncontrolled fills that exist on the project site due to old road fills and backfills from exploratory trenches are also compressible. These materials are of low density and would settle under the weight of the proposed fills and structures. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of a grading permit, the grading plans shall state that potentially compressible soils that are located on the project site shall be removed and recompacted in accordance with standard grading procedures. Collapsible Soils Significant Impact Due to the potential for variation in grain size within the alluvial fan deposits located on the project site, localized areas could result in potential collapse of soil material. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EQ2 and incorporated into the project. Tentative Tact SUBTT16072/Richland Pinchun6 Inc. a Findines D1—Pg 57 Prior to the issuance of a grading permit, the project's soil engineer shall identify the method(s) of eliminating the potential for collapsible soils on the grading plan. Potential methods include excavation and recompaction and presaturation and pre -loading of the susceptible soils in-place to induce collapse prior to construction. After construction, infiltration of water into the subsurface soils shall be minimized by proper surface drainage which directs excess runoff from the proposed slopes and structures. Ripnabilitp and Oversize Rock Significant Impact Because there is no bedrock at or within hundreds of feet from the surface, rippability of the onsite soils is less than significant. However, due to the presence of large cobbles and boulders in the onsite alluvium, special handling of oversize rocks will be required. The removal of boulders from the site could result in deficiencies of fill material in the proposed balanced cut and fill grading design. Therefore, the presence of oversize rock could result in a potential significant impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuance of a grading permit, the grading plans shall state that during grading operations, the soil engineer shall be consulted to relocate oversize rocks on the project site to reduce the potential deficiency of fill materials that could result from the removal of oversize rocks on the project site. BIOLOGICAL RESOURCES Natural Communities Significant Impact The proposed project will result in the loss of 147.7 acres of RAFSS. RAFSS is considered sensitive by the California Department of Fish and Game and loss of this plant community is considered significant. c Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final. EIR and incorporated into the project. Tentative Tract SUBTT16072/Richland Pinehurst, Inc. 5 Findings D1—Pg 58 The project proponent will acquire and convey to the County of San Bernardino at a ratio of 1:1 (or 147.7 acres) of land within or near the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) that supports similar RAFSS habitat. This measure will mitigate the loss of habitat that may support sensitive plants and animals as well as raptor foraging habitat. The quality of offsite mitigation land may affect the total acres needing to be acquired. If the offsite mitigation area contains a higher quality habitat, less land may need to be acquired, likewise, if a lower quality habitat is acquired, more land may need to be set aside as mitigation. If the proponent is unable to acquire all or a portion of the offsite mitigation land, the proponent will deposit the equivalent mitigation cost of $10,000 per developable acre with City -approved agency, which acquires and maintains open space. These funds will be used to purchase and manage mitigation lands. To reduce impacts on adjacent offsite habitat during site preparation, grading and clearing limits shall be staked prior to issuance of the grading permits. The limits of grading and clearing shall be staked at 50 -foot intervals with suitable indicators such as white PVC (polyvinylchloride) pipe with steel bases. Construction equipment shall not be operated beyond the grading and clearing limits, and a restoration program shall be incorporated to restore any disturbed offsite areas. • Landscaping adjacent to natural areas offsite shall use native and drought -tolerant plant species. Such species shall.bc reflected on Project landscape plans. The use of species known to be weedy invasives, such as German ivy (Senecio milkaniodes), periwinkle (Vinca major), or iceplant (Carpobrotus spp.), shall be prohibited. • In areas where night lighting may have adverse impacts on sensitive wildlife habitat, one or more of the following alternatives shall be utilized, recognizing the constraints of roadway lighting requirements: (1) low -intensity street lamps, (2) low -elevation light poles, or (3) shielding of internal silvering of the globes or external opaque reflectors. Provide residents of the future development literature pertaining to sensitive wildlife in the area and provide ways the residents can reduce effects on the wildlife, including effects pets have on native wildlife. A list of invasive plants that are commonly planted in landscaping will be included in this literature and it will be recommended that certain plants be avoided, such as giant reed (Arundo donax) castor bean (Ricinus communis) and Pampas grass (Cortaderia selloana). This literature shall be approved by the City of Rancho Cucamonga and included within the conditions, covenants, and restrictions (CC&Rs). Common Plant Species Significant Impact _ The City of Rancho Cucamonga has,a local tree preservation ordinance that requires a City permit to remove any tree over 15 feet high and 15 inches in circumference. A total of 213 trees meet the City's "heritage tree" criteria. Approximately 175 eucalyptus trees, 11 ornamental trees, 14 pepper trees, 9 southern California black walnut trees, and 4 western sycamore trees occur on-site. All trees within the project boundary were assessed as being of fair to poor condition physiologically, structurally, and aesthetically. Tentative Tract SUBT716072/Richland Pinehurst, Inc. G Findings D1—Pg 59 Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. All 213 "heritage trees" shall be removed and replaced with native trees within the proposed development. Replacements have been proposed at a 1:1 ratio. Sensitive Plant Species Significant Impact Fifteen sensitive plant species have been identified as occurring within the general vicinity of the project site. Thirteen of these plants are listed as sensitive (List ) B) by the CNPS and are considered sensitive by CDFG. However, only Plummer's mariposa lilies were observed during field inventories. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to issuance of a grading permit, focused surveys for Plummer's mariposa lily shall be conducted by a qualified biologist. Surveys shall be conducted during flowering period (May to July) in all portions of the project site containing suitable habitat. If present, the number and location(s) will be documented and the resource agencies will be notified for consultation and possible collection and relocation. Sensitive Wildlife Species Coastal California Gnatcatcher Potentially Significant Impact The project site is within the known range and within designated Critical Habitat of the federally listed threatened coastal California gnatcatcher. Although the protocol surveys conducted in both 2001and 2002 were negative, 6 recent sightings have been documented within the immediate vicinity. Because the project site supports suitable habitat for this species, and the recent sighting on adjacent lands the potential for this species to use the project site is still considered high. Therefore, the loss or fragmentation of potential coastal California gnatcatcher habitat is considered significant. Tentative Tract SUBTT16072/Richiand Pinehurst, Inc. D1—Pg 60 Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • A follow-up focused survey shall be conducted to confirm the absence of the coastal California gnatcatcher. Special focus will be placed in the northwest comer of the project site, which was not previously surveyed. If this species is determined to be present onsite, consultation with USFWS under the Endangered Species Act shall occur and USFWS- approved mitigation measures shall be implemented. Other Rodents Significant Impact Three species of rodents that were detected on the property are considered Species of Concern by CDFG. The three species present within the RAFSS habitat, include the Northwestern San Diego pocket mouse, San Diego desert woodrat, and the Los Angeles little pocket mouse. Because these three species are present onsite, the impacts to the habitat is considered significant. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • The project proponent will have a qualified biological monitor present during initial brush clearing to reduce mortality to sensitive species, specifically sensitive rodent species, as well as incidental species. Jurisdictional Areas Significant Impact A jurisdictional' delineation was conducted by PCR on the project site on September 8, 2001 (Appendix C of the Draft EIR). Subsequent field surveys were also conducted by PCR in 2002. The survey revealed that there are three drainages found on the property that are considered under the jurisdiction of USACE and CDFG. Impacts to USACE areas would result in the removal of 1.13 acres of "waters of the U.S.", and no loss of wetlands. Total area of jurisdiction under the CDFG would also be approximately 1. 13 acres. Tentative Tract SUBTrt 6072/Pichland Pinehurst, Inc. 8 Findings D1—Pg 61 Jurisdictional determinations were also made for off-site portions of these drainages to the extent that they may be impacted by the proposed project. Drainages measured adjacent to the site include approximately 4,342 linear feet and 0.98 acre of ACOE and CDFG jurisdictional streambed. None of these off-site areas meet the ACOE definition of a jurisdiction wetland. The proposed project would result in the loss of jurisdictional areas, both on and off site, of 2.01 acres of "waters of the U.S." and no loss of wetlands. Compliance with the mitigations that are required through the 404 process would reduce impacts to less than significant. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • The project proponent shall obtain a Section 404 of the Clean Water Act permit from the U.S. Army Corps of Engineers and a 1603 Streambed Alteration Permit from California Department of Fish and Game prior to grading or any other groundbreaking activities, and shall comply with the permit's mitigation requirements. TRAFFIC AND CIRCULATION Trip Generation Opening Year (Year 2004) Significant Impact The traffic generation for this project has been estimated, based upon the specific land use that has been planned for the proposed development. The proposed project consists of 358 single-family dwelling units. The proposed development is projected to generate approximately 3,436 daily trips. The following intersections would operate at an LOS F in the AM peak hour without and with the project. • Etiwanda Avenue at Banyan Street • Etiwanda Avenue at Highland Avenue • East Avenue at Banyan Street Although the project would not change the level of service, the contribution of project traffic to these three intersections during the AM peak hour represent a significant traffic impact. Without project traffic, all intersections would operate at LOS D or better during the PM peak hour which represents a less than significant impact. Except for the following intersection, all study area intersections operate at LOS D or better with the project during the PM peak hour. Tentative Tract SUBT716072/Rlch[and Pinehurst.Inc, 9 Findings D1—Pg 62 • Etiwanda Avenue at Banyan Avenue The intersection of Etiwanda Avenue at Banyan Avenue will operate at LOS E with the project which exceeds the City's standard and is considered a significant impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. ` The project applicant shall contribute its fair share toward local off-site traffic improvements. On-site improvements will be required in conjunction with the phasing of the proposed development to ensure adequate circulation within the project itself. The fair share contribution of all off-site improvements and timing of all onsite traffic improvements shall be subject to'an agreement with the City of Rancho Cucamonga. This agreement shall be in place prior to tract map approval. • The project applicant shall update construction cost estimates and prepare a current cost of the project's fair share contribution toward traffic improvements. • The project applicant shall construct Wilson Avenue from Etiwanda Avenue to East Avenue as a Special Divided Secondary Arterial (165 ft. Right-of-way) in conjunction with development of the proposed project or as determined by the Development Agreement with the City. • The project applicant shall construct the extension of East Avenue from the south project boundary with a minimum 36 -foot two-way paved access to the project in conjunction with development of the proposed project or as determined by the Development Agreement with the City. • The project applicant shall construct East Avenue from the north project boundary to Wilson Avenue to provide 44 -foot two-way paved access ,and the full shoulder (curb, gutter, street lights, and side walks) on west side of the street in conjunction with development of the proposed project or as determined by the Development Agreement with the City. • The project applicant shall construct Etiwanda Avenue from the north project boundary to Golden Prairie Drive at its ultimate half -section width as a Secondary Arterial (96 ft. Right-of- way) in conjunction with development of the proposed project or as determined by the Development Agreement with the City. Buildout Year 1020 Significant Impact Table 5.3-6 depicts the level of service at the study area intersections at buildout year (Year 2020) without and with the project. Table 5.3-6 shows the following intersections would operate at an LOS F in the AM peak hour without and with the project. Tentative Tract SUBlTI 6072/Pichland Pinehurst, Inc. 10 Findings D1 -Pg 63 • Etiwanda Avenue at Banyan Street • Etiwanda Avenue at Highland Avenue • East Avenue at Wilson • East Avenue at Banyan Street The project traffic contributed to these four study area intersections during the AM peak hour represent a significant traffic impact. Except for the following intersections, all study area intersections operate at LOS D or better during the PM peak hour without the project. Etiwanda Avenue (South) at Wilson Avenue Etiwanda Avenue at Banyan Street East Avenue at Banyan Street These three intersections would operate at LOS F which exceeds the City's standard and is considered a significant impact. Except for the following intersections, all study area intersections would operate at LOS D or better during the PM peak hour with the project. • Etiwanda Avenue (South) at Wilson Avenue • Etiwanda Avenue at Banyan Street • East Avenue at Wilson Avenue • East Avenue at Banyan Street These four intersections would operate at LOS F which exceeds the City's standard and is considered a significant impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to issuance of building permits, the applicant shall provide funds in accordance with the City's Transportation Development Fee. Collection of these fees shall represent the project's "fair -share" toward the following transportation improvements required for opening year (Year 2004): • Installation of a traffic signal at Etiwanda Avenue at Banyan Street. • Installation of a traffic signal at East Avenue at Banyan Street. • Construction of a southbound right tum lane at the intersection of Etiwanda Avenue at Highland Avenue. • Prior to the issuance of building permits, the applicant shall provide funds in accordance with the City's Transportation Development Fee. Collection of these fees shall represent the project's "fair share" toward the following transportation improvements required for Buildout Year 2020. Tentative Tract SUBTTI6072/Richland Pinch urst, Inc. D1—Pg 64 Findings • Construction of one additional northbound lane to provide a shared left and through lane, and a shared right and through northbound lane on East Avenue at Banyon Street • Construction of one additional southbound lane to provide a shared left and through and a shared right and through southbound lane on East Avenue at Banyon Street. • Construction of a westbound through lane on Highland Avenue at Etiwanda Avenue. • Installation of a traffic signal at the intersection of Etiwanda Avenue (North) at Wilson Avenue. • Add an eastbound and westbound left turn lane and install a traffic signal at the intersection of Etiwanda Avenue (South) at Wilson Avenue. • Installation of a traffic signal at the intersection of East Avenue at Wilson Avenue. NOISE Long -Term Operational Impacts Onsite Impacts Significant Impact An impact may be significant if the project sites a land use (i.e., residential) in an incompatible area due to excessive noise. The City has set a desirable daytime level of 60 dBA CNEL for residences. Based on the future (Buildout Year 2020) traffic volumes identified in Section 5.3, noise levels were calculated along the existing and future streets adjacent to the project site. These streets include Etiwanda Avenue, Wilson Avenue, and East Avenue. All of the residences proposed on the perimeter of the project site will be exposed to future year 2020 vehicular noise that range between 64.3 to 68.4 dBA CNEL. These future noise levels would result in significant noise impacts to the residences proposed on the perimeter of the site and adjacent to Etiwanda Avenue, Wilson Avenue, and East Avenue. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • The project applicant shall construct sound barriers adjacent to the project lots as shown in Exhibit 5.5-2 in the Draft EIR. The heights of the sound barriers shall be between 3 and 6.5 feet and placed at the top of the proposed slope and at the edge of pads on the residential lots that border Etiwanda Avenue, Wilson Avenue, and East Avenue. The sound barriers may be constructed of earthen berms, masonry, wood, or other similar materials, or combination of these materials to attain the total height required. These sound barriers shall be solid, with no openings from the ground to the indicated height. • Prior to the issuance of a building permit, residential structures proposed on all lots adjacent to Etiwanda Avenue, Wilson Avenue, and East Avenue will require mechanical ventilation so that windows can remain closed. Furthermore, these residential lots will require upgraded windows such as double -pane windows, if these lots have second story structures. To ensure the specific type of mechanical ventilation and paned windows are included in the building Tentative Tract SUBTTI6072/Richland Mnehnr5l, Inc. 12 D1'—Pg 65 plans, a final acoustical study shall be prepared for City approval prior to approval of Development Review applications for product development. The final acoustical study shall identify the specific requirements to reduce future interior noise levels to 45 dB CNEL or less. AESTHETICS Significant Impact Implementation of the proposed residential community will substantially alter the existing character of the project site as well as views of the San Gabriel Mountains. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid The significant effects on the environment, Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EER and incorporated into the project. • The applicant shall install landscaping and perimeter walls prior to issuance of building permits for the following phases and locations as shown on the Project Phasing Plan (Exhibit 3-8 in the Draft EIR): • Phase 1 -Along Wilson and Etiwanda Avenues. • Phase 2 -Along Wilson Avenue • Phase 3 -Along Etiwanda Avenue • Phase 4 Along East Avenue • Prior to approval of a landscape plan, the project applicant shall provide transitions between the developed and natural (unbuilt) environment through landscaping techniques • Prior to approval of a landscape plan, the project applicant shall ensure that streetscape design along the roadways adjacent to the project site create a strong landscaped edge, provides a coherent high-quality appearance along a particular route, and enhances the image of adjacent development. • The project applicant shall provide for the undergrounding of utility lines and facilities, wherever feasible, to minimize the unsightly appearance of overhead utility lines and utility enclosures. • Prior to approval of a landscape plan, trees and structures shall be used to frame and orient such views at key locations, and obstruction of views should be kept to a minimum along Etiwanda Avenue and East Avenue. Tentative Tract SUBTP16072/Richland Pinehurst, Inc. 13 D1—Pg 66 CULTURAL RESOURCES Archeological/Historical Resources Potentially Significant Impact The results of the records search indicated that three archeological sites are within the project area, including the new site located during the site visit. It is also likely that prehistoric remains may still be buried. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuance of a grading permit, the project applicant shall retain a City -approved archaeologist to develop an archaeological mitigation plan and a discovery clause/treatment plan. Both of these plans shall be reviewed and approved by the City. The archaeological mitigation plan shall include monitoring 50 percent of the excavation activities on the project site by a City -approved archaeologist and/or their representative. The discovery clause/treatment plan shall include recovery and subsequent treatment of any archaeological or historical remains and associated data uncovered by brushing, grubbing or excavation. The treatment plan shall provide procedures for the curation of any detected cultural specimens. Any recovered cultural resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard professional archaeological practices. Examination by an archaeological specialist shall be included where necessary, dependent upon the artifacts, features, or sites that are encountered. Specialists will identify, date and/or determine significance potential. If the archaeological monitor discovers cultural deposits, earthmoving shall be diverted temporarily around the deposits until the deposits have been evaluated, recorded, excavated and/or recovered, as necessary, and in accordance with a City -approved recovery plan. Earthmoving shall be allowed to proceed through the area after the archaeologist determines the artifacts are recovered and/or site mitigated to the extent necessary. If a previously unknown cultural site is encountered during monitoring and it is determined by the archaeologist that a significance determination is required, the site shall be evaluated and recorded in accordance with requirements of the State Office of Historic Preservation (i.e., DPR 523 form). In this case, if the site is not determined to be significant, no measures subsequent to recording the site on appropriate forms are required. If any of the sites are determined to be significant, an adequate amount of artifacts at the specific archaeological site shall be collected by the City -approved archaeologist. The archaeologist shall determine the amount of artifacts needed to be collected. If human remains are encountered during excavations associated with this project, all work shall halt and the County Coroner shall be notified (Section 5097.98 of the Public Resources Code). The Coroner will determine whether the remains are of forensic interest. If the Tentative Tract SUBTT16072/Richland Pinehurst, Inc. 14 D1—Pg 67 coroner, with the aid of the City -approved archaeologist, determines that the remains are prehistoric, he/she will contact the Native American Heritage Commission (NAHC). The NAHC will be responsible for designating the most likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD will make his/her recommendations within 24 hours of their notification by the NAHC. This recommendation may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Code). • Any recovered archaeological resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard archaeological practices. Examination by an archaeological specialist should be included where necessary, dependent upon the artifacts, features or sites that are encountered. Specialists will identify, date and/or determine significance potential. • A final report of findings will be prepared by the City -approved archaeologist for submission to the City, project applicant, and the Archaeological Information Center of the San Bernardino County Museum. The report will describe the history of the project area, summarize field and laboratory methods used, if applicable, and include any testing or special analysis information conducted to support the resultant findings. Paleontological Resources Potentially Significant Impact According to the paleontological records search, the project area lies on surface exposures of Pleistocene older fan deposits. These deposits have high potential to contain fossil resources throughout their extent. No fossil resources are known for the project area and the nearest resources found in similar deposits are located approximately eight miles to the south. However, there is the likelihood of potential buried fossilized remains. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of a grading permit, the project applicant shall retain a City -approved paleontologist. The City -approved paleontologist shall monitor all excavation activities in areas of the project underlain by previously undisturbed sediments. Earthmoving in areas of the site where previously undisturbed sediments will be buried but not disturbed will not be monitored. Monitoring shall begin once earthmoving reaches five (5) feet below the original ground surface. • Monitoring shall be conducted on a full-time basis in areas of the project underlain by sensitive rock units associated with older alluvium being encountered by earthmoving. Tentative Tract SUMI 6072/Richiand Pinehurst, Inc. Sam 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. If too few fossil remains are foundafter 50 percent of earthmoving has been completed, monitoring can be reduced or discontinued in those areas at the project paleontologist's direction. If paleontological resources are detected. 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). • A final report of findings will be prepared by the City -approved paleontologist for submission to the City, project applicant, and the San Bernardino County Museum. All collected specimens and the final report shall be provided to the San Bernardino County Museum. PUBLIC SERVICES AND UTILITIES Water Service Significant Impact The proposed project will result in the demand for approximately 220,760 gallons of water per day which represents a 0.7 percent increase in water currently demanded from existing development within the City's General Plan Planning Area. The project's demand for water is nominal; however, it will contribute to the potential significant cumulative impacts on water services. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final ETR and incorporated into the project. • Prior to the issuance of building permits, the project applicant will be required to submit a water services development fee to ensure that adequate water supplies and facilities are available to meet the project demand. • Prior to the issuance of a building permit for each phase, the project applicant shall submit a landscaping and irrigation plan for common areas to the City for approval. Landscaping and irrigation within common areas shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. Wastewater Service Significant Impact Implementation of the proposed project will result in the generation of 96,930 gallons of wastewater per day. Tentative Tract SUBTT16072/Richland Pinehurst, Inc. 16 Findings D1 —Pg 69 Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of occupancy permits, the applicant shall provide funding to the Cucamonga County Water Agency for sewer service. HYDROLOGY AND WATER QUALITY (NOTICE OF PREPARATION Significant Impact The proposed residential uses have the potential to create contaminated runoff containing compounds such as landscape chemicals and automotive fluids. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • Prior to the issuance of a grading permit, the project applicant will be required to prepare a Storm Water Pollution Protection Plan (SWPPP) and file a Notice of Intent with the Regional Water Quality Control Board (RWQCB). As part of standard construction practices, the City and RWQCB will require compliance with best management practices (BMPs) to ensure potentially harmful chemicals or pollutants are not discharged from the site. Such measures may include sandbags, temporary drainage diversion and temporary containment areas. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of the Tentative Tract Map Number 16072 project are listed below. The Rancho Cucamonga City Council finds that these potential significant adverse impacts would be reduced with the implementation of the project -related design features and recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Rancho Cucamonga City Council is adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines. Tmci SUBTT16072/Richland Pinchumi, tnc. 17 Findings Dl—Pg 70 GEOLOGY AND SOILS Seismic Hazards Seismic Ground Shaking Significant Impact The proposed residential structures on the project site would be exposed to potentially high accelerations of ground motion. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. While the No Project/No Development Alternative would avoid significant and unavoidable seismic impacts, this alternative would not meet any of the project objectives. The Retention of Riversidian Alluvial Fan Sage Scrub Alternative (RAFSS) would decrease the amount of development, but would not meet any of the project objectives. The Less intense development alternative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives. • Prior to the issuance of a building permit, structures will be, designed and constructed in accordance with the Uniform Building Code and general engineering standards for seismic safety for development within Seismic Zone 4. The significant and unavoidable adverse impacts related to seismic hazards by the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. AIR QUALITY Short -Term Construction -Related Emissions Significant Impact Short-term emissions will include fugitive dust and other particulate matter, as well as exhaust emissions, generated by earthmoving activities and operation of grading equipment during site preparation (demolition and grading). Short-term emissions will also include emissions generated during construction of the buildings as a result of operation of equipment, operation of personal vehicles by construction workers, electrical consumption, and coating and paint applications. Projected NOx, ROC, and PMl0 emissions are above the SCAQMD recommended daily thresholds and NOx and ROC are above the quarterly thresholds during construction of the first phase of the project. The primary sources of NOx emissions are trucks used for rock removal and importation of concrete. The primary source of ROC emissions is the application of architectural coatings, and the primary source of PM10 is fugitive dust from earthmoving activities. Even with the reductions associated with implementation of construction related mitigation measures, the daily and quarterly emissions of NOx and ROC remain above the SCAQMD suggested thresholds. Tentative Tract SUBT716072/Richland Pinehurst. Inc. 18 Findings D1—Pg 71 Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would avoid significant and unavoidable short-term construction related emission impacts; this alternative would not meet any of the project objectives. The Retention of Riversidian Alluvial Fan Sage Scrub Alternative (RAFSS) would decrease the amount of development, but would also not meet any of the project objectives. The Less Intense Development alternative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives and is not considered feasible. • The site shall be treated with water or other soil -stabilizing agents (approved by SCAQMD and RWQCB) daily to reduce PM l O emissions, in accordance with SCAQMD Rule 403. • During construction, all haul roads shall be swept according to a schedule established by the City to reduce PM 10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. • Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. • 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. • The construction contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. • The construction contractor shall utilize electric or clean alternative fuel powered equipment, where feasible. • The construction contractor shall ensure that construction -grading plans include a statement that work crews will shut off equipment when not in use. • The construction contractor shall use low VOC architectural coating during the construction phase of the project. • During construction of the proposed improvements, temporary traffic control (e.g., flag person) will be provided during soil transport activities. Contractor will be advised not to idle trucks on site for more than ten minutes. • During construction of the proposed improvements, only low volatility paints and coatings as defined in SCAQMD Rule 1113 shall be used. All paints shall be applied using either high volume low pressure (HVLP) spray equipment or by hand application. Tentative Tract SUBT716072/Richland Pinehurst, Inc. 19 Findings D1—Pg 72 The significant and unavoidable adverse impacts related to short-term construction emissions associated with the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Long -Term Emissions Significant Impact Long-term impacts for the proposed residential subdivision consist of mobile emissions and stationary emissions. Mobile emissions estimates are derived from motor vehicle traffic. Stationary emissions estimates are derived from the consumption of natural gas, electricity, the use of landscape equipment, and the storage and use of consumer products. When unmitigated emissions projections are compared with the SCAQMD suggested thresholds for significance, it is shown that long-term emissions exceed the applicable thresholds for NOx, CO and ROC. The primary source of these emissions is mobile emissions from vehicles. Even with the mitigation incorporated into the project NOx, CO and ROC emissions remain above the SCAQMD recommended threshold, and therefore the project may be expected to violate an ambient air quality standard. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would avoid significant and unavoidable long-term emission impacts; this alternative would not meet any of the project objectives. The Retention of Riversidian Alluvial Fan Sage Scrub Alternative (RAFSS) would decrease the amount of development, but would also not meet any of the project objectives. The Less Intense Development alternative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives and is not considered feasible. The proposed project will participate in the cost of off-site traffic signal installation and synchronization through payment of the traffic signal fair -share mitigation fee. This fee will be collected and utilized by the City to install and synchronize traffic lights as needed to prevent congestion of traffic flow on East Avenue between Banyan Street and the project boundary, and Etiwanda Avenue between Highland Avenue and the north terminus of Etiwanda Avenue. • All appliances within the residential units of the project shall be energy-efficient as defined by SCAQMD. • The project proponent shall contact local transit agencies to determine bus routing in the project area that can accommodate bus stops at the project access points and determine locations and feasibility of bus stop shelters provided at project proponent's expense. The significant and unavoidable adverse impacts related to long-term air emissions associated with the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Tentative Tact SUBM 6072Mchland Pinehunst, Inc. 20 D1—Pg 73 Consistency Analysis Significant Impact The proposed project complies with the City of Rancho Cucamonga General Plan, which is consistent with the land use information that was the basis for the current AQMP. However, it is noted that the specific analysis indicates that both short-term and long-term emissions as a result of the project are above the SCAQMD thresholds. These emissions remain above the thresholds after implementation of mitigation measures. For this reason, it is appropriate to conclude that the proposed project is not in compliance with the AQMP. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would avoid significant and unavoidable impacts; this alternative would not meet any of the project objectives. The Retention of Riversidian Alluvial Fan Sage Scrub Alternative (RAFSS) would decrease the amount of development, but would also not meet any of the project objectives. The Less Intense Development alternative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives and is not considered feasible. • All feasible mitigation measures for reduction of air quality impacts have been incorporated into the project. However, short-term and long-term emissions remain above threshold levels for several pollutants after implementation. _ The significant and unavoidable adverse impacts related to air emissions by the proposed project are considered to be acceptable in light of the Statement.of Overriding Considerations provided herein as Attachment A. AESTHETICS Significant Impact Development of the proposed project and cumulative development in the project vicinity will result in the permanent alteration of the visual landscape of the San Gabriel Mountains. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would avoid significant and unavoidable long-term aesthetic impacts; this alternative would not meet any of the project objectives. The Retention of Riversidian Alluvial Fan Sage Scrub Alternative (RAFSS) would decrease the amount of development, but would also not meet any of the project objectives. The Less Tentative Tract SUBTT160771Richland Pinehurst, Inc. D1—Pg 74 Findings Intense Development alternative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives. • The applicant shall install landscaping and perimeter walls prior to issuance of building permits for the following phases and locations as shown on the Project Phasing Plan (Exhibit 3-8): • Phase 1 -Along Wilson and Etiwanda Avenues. • Phase 2 -Along Wilson Avenue • Phase 3 -Along Etiwanda Avenue • Phase 4 Along East Avenue • Prior to approval of a landscape plan, the project applicant shall provide transitions between the developed and natural (unbuilt) environment through landscaping techniques • Prior to approval of a landscape plan, the project applicant shall ensure that streetscape design along the roadways adjacent to the project site create a strong landscaped edge, provides a coherent high-quality appearance along a particular route, and enhances the image of adjacent development. • The project applicant shall provide for the undergrounding of utility lines and facilities, wherever feasible, to minimize the unsightly appearance of overhead utility lines and utility enclosures. • Prior to approval of a landscape plan, trees and structures shall be used to frame and orient such views at key locations, and obstruction of views should be kept to a minimum along Etiwanda Avenue and East Avenue. The significant and unavoidable adverse impacts on aesthetics and views by the proposed project are considered to be acceptable in light of the Statement of Overriding Considerations provided herein as Attachment A. Tentative Tract StJBTrI6072/Richland Pinehurst, Inc. 22 D1—Pg 75 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Rancho Cucamonga proposes to approve the Tentative Tract Map Number 16072 project although unavoidable adverse geology and soils, air quality, and aesthetic impacts have been identified in the EIR. Even though these adverse impacts are not reduced to a level considered less than significant, the Rancho Cucamonga City Council finds that those impacts are outweighed by the benefits of the Tentative Tract Map Number 16072 project. Further, the alternatives which were identified in the EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project: 1. To provide single-family housing units consistent with the intent of the City's General Plan and the Etiwanda North Specific Plan. 2. To annex the proposed 150 -acre tentative tract and an adjacent 10 -acre area at the northwest corner of Wilson and East Avenue into the City of Rancho Cucamonga. 3. To be consistent with, and implement, the policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other City development guidelines. 4. To create a project that is generally consistent and compatible with other existing and proposed uses in the vicinity of the project and community of Etiwanda in general. 5. To provide project infrastructure including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services. 6. To phase the development of the proposed project to ensure adequate utilities are provided. 7. Provide a system of public/community facilities, including parks, trails, open space areas, and landscaping to support the residents of the project and surrounding area in an efficient and timely manner. 8. To design and landscape the proposed project to create an aesthetically pleasing living environment. Therefore, the Rancho Cucamonga City Council, having reviewed and considered the information contained in the EIR and the public record, adopts the Statement of Overriding Considerations, which has been balanced against the unavoidable adverse impacts in reaching a decision on this project. Tentative Tract SUBTT16072./Richland Pinehuna, Inc. 23 Findings D1—Pg 76 City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract Map SUBTT16072 - Richland Pinehurst This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Environmental Impact Report 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 City Planner, 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: EXHIBIT "B" City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 D1—Pg 77 Mitigation Monitoring Program SUBTT16072 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is notoccurring 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 Division. The Division 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 City Planner prior to the issuance of building permits. D 1—Pg 78 O I v V UD MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) } Project File, No.: SUBTT16072 Applicant: Richland -Pinehurst EIR Prepared by: Michael Brandman Assoicates Date: March 23. 2004 iof13 Measures No. ResponsibleMitigation g of Method. Implementing Action for Monitoring Frequency Verification Verification Date/initials Non -Compliance Aesthetics - AES -1: The applicant shall install landscaping and perimeter CP C Prior to A 3 walls prior to occupancy for the following phases and occupancy of locations as shown on the Project Phasing Plan (Exhibit 3.8): each phase. • Phase 1 -Along Wilson and Etiwanda Avenues. • Phase 2 -Along Wilson Avenue • Phase 3 -Along Etiwanda Avenue • Phase 4 Along East Avenue AES -2: Prior to approval of a landscape plan, the project CP B During Landscape C 2 applicant shall providetransitions between the developed and Plan Review and natural (unbuilt) environment through landscaping techniques. _ approval AES -3: Prior to approval of a landscape plan, the project CP B C C 2 applicant shall ensure that streetscape design along the roadways adjacent to the project site create a strong landscaped edge, provides a coherent high-quality appearance along particular route, and enhances the image of adjacent development. AES -4: The project applicant shall provide for the CE C During C 2 undergrounding of utility lines and facilities, wherever feasible, construction Plan to minimize the unsightly appearance of overhead utility lines review and and utility enclosures. approval AES -5: Prior to approval of a landscape plan, trees and CP B During C 2 structures shall be used to frame and orient such views at key construction Plan locations, and obstruction of views should be kept to a review and minimum along Etiwanda Avenue and East Avenue: I approval Air Quality AQ -1: Thesite shall be treated with water or other sail- BO/CE C During A 4 stabilizing agent (approved by SCAQMD and Regional Water construction Quality Control Board [RWQCB]) daily to reduce PMm emissions, in accordance with SCAQMD Rule 403. iof13 7 a C Mitigation Measures No. I Responsible of Implementing Action Monitoring Frequency VerificationDate/initials AQ -2: During construction, all haul routes shall be swept CE C During A according to a schedule established by the City to reduce construction 4 PM,o emissions associated with vehicle tracking of soil off. silo. Timing may vary depending upon time of of year construction. , AQ -3: Suspend grading operations when wind speeds BO/CE C During A exceeding 25 mph to minimize PMra emissions from the site 4 during such episodes. construction AQ -4: Chemical soil stabilizers (approved by SCAOMD and BO/CE C 4 RWOCB) shall be applied to all inactive construction areas During A [fiat remain inactive for 96 hours or more to reduce PM10 construction emissions. AQ -5: The Construction contractor shall select the CP/CE C Review of plans A/C construction equipment used on-site based on low emission 2/4 factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned to and maintained in accordance with the manufacturers specifications. AQ -6: The construction contractor shall utilize electric or CE C Review of plans A/C clean alternative fuel powered equipment where feasible. 4 AQ -7: The .construction contractor shallensure that CE C Review of plans A/C y4 construction -grading plans include a statement that work crews will shut off equipment when not in use. AQ -8: The construction contractor shall use low VOC CP C Review of plans A/C 2/4 architectural coaling during the construction phase of the project. AQ -9: During construction of the proposed improvements, BO/CE C As needed during A/C 4 temporary traffic control (e.g., flag person) will be provided construction. during soil transport activities. Contractor will be advised not to idle trucks on site for more than ten. minutes AQ -10: During construction of the proposed improvements, CP/BO C Review of Notes A/C 4 only low volatility paints and coatings as defined in SCAQMD on Plans Rule 1113 shall be used. All paints shall be applied using either high volume low pressure (HVLP) spray equipment or by hand application. 2of13 3of13 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Ac • Date/initials AO-11:The proposedprojeclwillparticipateinthecostotoff- CE A Prior to permit C/D 2• site traffic signal installation and synchronization through issuance. payment of the traffic signal fair -share mitigation fee. This fee will be collected and utilized by the City to install and synchronize traffic lights as needed to prevent congestion of traffic flow on East Avenue between Banyan Street and the project boundary, and Etiwanda Avenue between Highland Avenue and the north terminus of Etiwanda Avenue. AQ -12: All appliances within the residential units of the project CP/BO B Plan review. C 3 shall be energy-efficient as defined by SCAQMD. ' AO -13: The project proponent shall contact local transit CR/CE B Plan review. C/D 3 agencies to determinebus routing in the project area that can accommodate bus stops at the project access points and determine, locations and feasibility of bus stop shelters provided at project proponent's expense. Biological Resources B-1: Prior torecording. of the first final map of the project, the CP A Prior to map B/D .1 property owner shall transfer to the County of San Bernardino recordation. Special Districts OS -1 or other qualified conservation entity approved by the City, in fee, at a ratio of 1:1 (or 147.7 acres) _ of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually . agreed upon by the property owner and the conservation entity, to provide for long-term maintenance of said land. The preferred location of the oft -site land is in the environment surrounding the North Etiwanda Preserve in the City Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner. If the proponent is unable to acquire all or a portion of the offsite mitigation land, the proponent will deposit the equivalent mitigation cost of $10,000 per developable acre with City -approved agency, which acquires and maintains open space. These funds will be used to purchase and manage mitigation lands. 3of13 Mitigation Measures No. Responsible of Method of Verified Sanctions for — Implementing Action for Monitoring Frequency Date/initials B-2: To reduce impacts on adjacent offsile habitat during site. CP B Plan review and A/C 4 preparation, grading and clearing limitsshall be staked prior construction to issuance of the grading permits. The limits of grading and monitoring. clearing shall be staked at 50 -foot intervals with suitable indicators such as white PVC (polyvinylchloride) pipe with steel bases. Construction equipment shall not be operated beyond the grading and clearing limits, and a restoration program shall be incorporated to restore any disturbed offsite areas. B-3: Landscaping adjacent to natural areas offsite shall use CP A Plan review. C native and drought -tolerant plant species. Such species shall 2 be reflected on Project landscape plans. The use of species known tote weedy invasives, such as German ivy {Senecio milkaniodes), periwinkle (Vinca major), or iceplant (Carpobrotus spp.), shall be prohibited. B-4: In areas where night lighting may have adverse impacts CP A Plan review. C sensitive wildlife habitat, one or more of the following 214on alternatives shall be utilized, recognizing the constraints of roadway lighting requirements: (1) low -intensity street lamps, (2) low -elevation light poles, or (3) shielding .of internal silvering of the globes or external opaque reflectors. B-5: Provide residents of the future development literature CP D Review literature D g pertaining to sensitive wildlife in the area and provide ways prior to Model. the residents can reduce effects on the wildlife, including HomeTUP effects pets have on native wildlife. A list of invasive plants approval. that are commonly planted in landscaping will be included in this literature and it will be recommended that certain plants be avoided, such as giant reed (Arundo donax) castor bean (Ricinus communis), and Pampas grass (Cortaderia selloana). " This literature shall be approved by the City of 'Rancho Cucamonga and included within the conditions, covenants, and restrictions (CC&Rs). B-6: Al1..213 "heritage trees" shall be removed and replaced CP C Landscape Plan C 3 with native trees within the proposed development, review. Replacements have been proposed at a 1:1 ratio. 4of13 5 of 13 Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action MonitoringMitigation for • Date /initials Mon -Compliance B-7: Prior to issuance of a grading permit, focused surveys for CP B Verify results of B/D 2 Plummer's mariposa lily shall be conducted by a qualified surveys prior to biologist. Surveys shall be conducted during flowering period Grading Permit (May to July) in all portions of the project site containing issuance. suitable habitat. If present, the number and location(s) will be. documented and the resource agencies will be notified for consultation and possible collection and relocation. B-6: A follow-up focus survey for the San Bernardino CP B Verify results of B/D 2 kangaroo rat shall be conducted prior to the issuance of surveys prior to grading permits. If this species is determined to be present Grading Permit onsite, consultation with USFWS under the Endangered issuance. Species Act shall occur and USFWS-approved mitigation measures shall be implemented. B-9: A follow-up focused survey shall be conducted to confine CP B Verify results of B/D 2 the absence of the coastal California gnatcatcher. Special surveys prior to focus will be placed in the northwest corner of the project site, Grading Permit which was not previously surveyed. If this species is issuance. determined to be present onsite, consultation with USFWS under the Endangered Species Act shall occur and USFWS- approved mitigation measures shall be implemented. B-10: The project proponent will have a qualified biological CP A Verify that the D 4 monitor present during initial brush clearing to reduce monitor has been mortality to sensitive species, specifically sensitive rodent obtained prior to species, as well as incidental species. Grading Permit issuance. B-11: If grading activities are to occur during active nesting CP A Verify that the D 4 season (generally February 15 -August 31), a field survey monitor has been shall be conducted by a qualified biologist to determine if obtained prior to active nests covered by the Migratory Bird Treaty Act and/or Grading Permit the CDFG Code are present. If active nests are present, the issuance. area will be flagged, along with a 100 -foot buffer (300 -feel for raptors) and will be avoided until the nesting cycle is complete. 8-12: The project proponent shall obtain a Section 404 of the CP A Verify permit B 2 Clean Water Act permit from the U.S. Army Corps of status prior to Engineers and a 1603 Streambed Alteration Permit from Issuance of California Department of Fish and Game prior to grading or Grading Permit. any other groundbreaking activities, and shall comply with the permit's mitigation requirements. 5 of 13 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verification Date /initials Non -Compliance Cultural Resources CR -1: Prior to the issuance of a grading permit, the project CP A Verify that the D 2 applicant shall retain a City -approved archaeologist to develop an archaeological mitigation plan and a discovery monitor has been clause/treatment plan. Both of these plans shall be reviewed obtained prior to Grading Permit and approved by the City. The archaeological mitigation plan issuance, shall include monitoring 50 percent of the excavation activities on the project site by a City -approved archaeologist and/or their representative. The discovery clause/treatment plan shall include recovery - and subsequent treatment of any archaeological or historical remains and associated data uncovered by brushing, grubbing or excavation. The treatment plan shall provide procedures for the curation of any detected cultural specimens. Any recovered cultural resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard professional archaeological practices. Examination by an archaeological specialist shall be included where necessary, dependent upon the artifacts, features, or sites that are encountered. Specialists will identify, date and/or determine significance potential. CR -2: If the archaeological monitor discovers cultural CP C Verify results of D 4 deposits, earthmoving shall be diverted temporarily around reports by the on - the deposits until the deposits have been evaluated, site monitor. recorded, excavated and/or recovered, as necessary, and in accordance with a City -approved recovery plan. Earthmoving shall be allowed to proceed through the area after the archaeologist determines the artifacts are recovered and/or site mitigated to the extent necessary. CR -3: If a previously unknown cultural site is encountered CP C Verify results of D 4 during monitoring and it is determined by the archaeologist reports by the on - that a significance determination Is required, the site shall be site monitor. evaluated and recorded in accordance with requirements of the State Office of Historic Preservation (i.e., DPR 523 form). In this case, if the site is not determined to be significant, no measures subsequent to recording the site on appropriate forms are required. If any of the sites are determined to be significant, an adequate amount of artifacts at rhe specific archaeological site shall be collected by the City -approved archaeologist. The archaeologist shall determine the amount of artifacts needed to be collected. 6of13 N 7 of 13 Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for ImplementingMitigation Date /initials Non -Compliance CR -4: If human remains are encountered during excavations CP C Verify results of D 4 associated with this project, all work shall halt and the County reports by the on - Coroner shall be notified (Section 5097.98 of the Public site monitor. Resources Code). The Coroner will determine whether the remains are of forensic interest. If the coroner, with the aid of the City -approved archaeologist, determines that the remains are prehistoric, he/she will contact the Native American Heritage Commission (NAHC). The NAHC will be responsible for designating the most likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The. MLD will.. make his/her recommendations within 24 hours of their notification by the NAHC. This recommendation may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Code). CR -5: Any recovered archaeological resources shall be CP C Verify results of D 4 identified, sites recorded, mapped and artifacts catalogued as reports by the on - required by standard archaeological practices. Examination site monitor. by an archaeological specialist should be included where necessary, dependent upon the artifacts, features orsites that are encountered. Specialists will identify, date and/or determine significance potential. CR -6: A final report of findings will be prepared by the City- CP- C Verify results of D 4 approved archaeologist for submission to the City, project reports by the on - applicant, and the Archaeological Information Center of the site monitor. San Bernardino County Museum. The report will describe the history of the project area, summarize field and laboratory methods used, if applicable, and include any testing orspecial analysis Information conducted to support the resultant findings. CR -7: Prior to the issuance of a grading permit, the project CP A Verify that the D 2 applicant shall retain a City -approved paleontologist. The City- monitor has been approved paleontologist shall monitor all excavation activities obtained prior to in areas of the project .underlain by previously undisturbed Grading Permit sediments. Earthmoving in areas of the site where previously issuance. undisturbed. sediments will be buried but not disturbed will not be monitored. Monitoring shall begin once earthmoving reaches five (5) feet below the original ground surface. 7 of 13 Mitigation Measures No. Responsible for Monitoring Monitoring Frequency Timing of Verification Method of Verification Verif ied Date /initials Sanctions for Non-Compliancffl Implementing Action Verity results of CR -8: Monitoring shall be conducted on a full-time basis in CP C D 4 areas of the project underlain by sensitive rock units reports by the un- associated with older alluvium being encountered by site monitor. earthmoving. CR -9: Should fossils be found within an area being cleared or CP C Verify results of D 4 graded, divert earth -disturbing activities elsewhere until the reports bythe on - monitor has completed salvage. It construction personnel site monitor. make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. If too few fossil remains are found after .50 percent of earthmoving has been completed, monitoring can be reduced or discontinued in those areas at the project paleontologist's direction. CR -10: If paleontological resources are detected. Prepare, CP C Verity results of D 4 identify, and curate all recovered fossilsfordocumentation in reports by the on - the summary report and transfer to an appropriate depository site monitor. (i.e., San Bernardino County Museum). CR -11: A final report of findings will be prepared by the City- CP C Verify results of D 4 approved paleontologist for submission to the City, project reports by the on - applicant, and the San Bernardino County Museum_, All site monitor. collected specimens and the final report shall be provided to the San Bernardino County Museum. Geology and Soils GS -1: Prior to issuance of a building permit for structures CP/BO A Report and Plan D 2 adjacent to the Etiwanda Avenue Scarp thrust fault on the review. project site, all structures north of this fault shall be set back 100 feet from the faulted zone and all structures south of this fault shall be set back 50 feet from the fault zone. GS -2: Prior to the issuance of a building permit, structures will BO A Plan review. C 2 be designed and constructed in accordance with the Uniform Building Code and general engineering standards for seismic safety for development within Seismic Zone 4. GS -3: Prior to the issuance of a grading permit„ engineered BO A Pian review. C 2 slopes of the project site shall be designed in accordance with the Uniform Building Code to resist seismically induced failures. Slope design shall be based on pseudo -static stability analyses using soil -engineering parameters established for the site. 8of13 _O I v to 00 V 9of13 Measures No. .. �. , ImplementingMitigation .. te /initials Non -Compliance GS -4: Prior to the issuance of a grading permit, the grading BO A Plan review and C 2 plans shall state that the loose, cohasionless soils located on notations. the surface of the site shall be removed and recompacted during grading operations. GS -5: Prior to the issuance of a grading permit, the grading BO A Plan review and C 2 plans shall state that the native sudicial and artificial fills on notation. the project she that are of low density, shall be removed and recompacted or exported offsite. GS -6: Prior to the issuance of a final grading approval, BO A Plan review. C 2 potentially unstable graded slopes that exceed approximately 15 feel in height will require additional stabilization measures such as buttressing cut slopes with compacted fill, adding geogrid reinforcement to fill slopes, using a higher compaction standard, and/or using retaining walls. GS -7: Prior to the issuance of a grading permit, the grading SO A Plan review. C 2 plans shall state that potentially compressible soils that are located on the project site shall be removed and recompacted in accordance with standard grading procedures. GS -8: Prior to the issuance of a grading permit, the project's CE/BO A Plan review and C 2 soil engineer shall identify the method(s) of eliminating the notations. potential for collapsible soils on the grading plan. Potential methods include excavation and recompaction and presaturation and pre -loading of the susceptible soils In-place to induce collapse prior to construction. After construction, infiltration of water into the subsurface soils shall be minimized by proper surface drainage which directs excess runoff from the proposed slopes and structures. GS -9: Prior to the issuance of a grading permit, the grading BO/CE A Review of Plans C 2 plans shall stale that during grading operations, the soil and notations. engineer shall be consulted to relocate oversize rocks on the project site to reduce the potential deficiency of fill materials that could result from the removal of oversize rocks on the project site. Noise N-1: During all project site excavation and grading, the project CP C Review notations A/C 2/4 contractors shall equip all construction equipment, fixed or on the Grading mobile, with properly operating and maintained mufflers Plan. consistent with manufacturers standards. 9of13 Mitigation Measures No. onsible p.Sanctions of on Date /initials Non-ComplianceAm Implementing Action N-2: When construction operations occurin close proximityto CP C Review notations A/C 2/4 occupied residential areas, appropriate additional noise on the Grading reduction measures shall be implemented,. including: Plan; and monitor changing the location of stationary construction equipmenito during maximize the distance between stationary equipment and construction. occupied residential areas, installing muffling devices on equipment, shutting off idling equipment, notifying adjacent residences in advance of constriction, and installing temporary acoustic barriers around stationary construction noise sources. N-3: The construction contractor shall locale equipment CP C Review notations A/C 2/4 staging in areas that will create the greatest distance between on the Grading construction related noise and the noise-sensitive receptors Plan; and monitor nearest the project site during all project, construction. during construction. N-4: During all project site construction, the construction BO C Review notations A 4 contract shall limit all construction related activities thatwould on the Grading result in high noise levels to between the hours of 6:30 a.m. Plan; and monitor and 8:00 p.m. Monday through Saturday. No construction during shall be allowed on Sundays and public holidays. construction. N-5: The project applicant shall construct sound barriers CP A A/C 2/4 adjacent to the project lots as shown in Exhibit 5.5.2. The Review of plans. heights of the sound barriers shall be between 3 and 6.5 feet and placed at the lop of the proposed slope and at the edge of pads on the residential lots that border Etiwanda Avenue, Wilson Avenue, and East Avenue. The sound barriers may be constructed of earthen berms, masonry, wood, or other similar materials, or combination of these materials to attain the total height required. These sound barriers shall be solid, with no openings from the ground to the indicated height. N-6: Prior to the issuance of a building permit, residential CP/BO A Plan review. A/C 2/4 structures proposed on all lots adjacent to Etiwanda Avenue, Wilson Avenue, and East Avenue will require mechanical ventilation so that windows can remain closed. Furthermore, these residential lots will require upgraded windows such as double-pane windows, if these lots have second story structures. To ensure the specific type of mechanical ventilation and paned windows are included in the building plans, a final acoustical study shall be prepared for City approval prior to approval of Development Review - applications for product development. The final acoustical study shall identify the specific requirements to reduce future interior noise levels to 45 d8 CNEL or less. 10 of 13 11 of 13 Mitigation Measures No. Responsible •r Monitoring Monitoring Frequency Timing of Method of Verified Sanctions for Verification . Date/initials Implementing Action Public Services and Utilities F-1: Prior to the issuance building permits, the project FC A Plan review. B/C .2 applicant shall obtain approval from RCFD of the designs for the fire flow and proposed fire resistant structural materials. W-1: Prior to the issuance of building permits, the project Cucamonga A Plan review. B/C 2 applicant will be required to submit a water services Valley Water development fee to ensure that adequate water supplies and District facilities are available to meet the project demand. W-2: Prior to the issuance of a building permit for each phase, Cucamonga A Plan review. B/C 2 the project applicant shall submit a landscaping and irrigation Valley Water plan for common areas to the City for approval. landscaping District and irrigation within common areas shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. WW -1: Prior to the issuance of occupancy permits, the Cucamonga A Plan review. B/C 2 applicant shall provide funding to the Cucamonga County Valley Water Water Agency for sewer service. District S-1: Prior to the issuance of building permits, the project Etiwanda A Provide. B 2 applicant shall pay developer impact fees to the Etiwanda School District; verification prior School District and ChaffeyJoint Union High.School District in Chaffey School to permit accordance with Section 65995 of the Government Code for District issuance. the proposed residences. Transportation/Traffic TT -1_• The project applicant shall contribute its fair share CE A Review C/D 2/3 toward local off-site traffic improvements. On-site appropriate plans improvements will be required in conjunction with the phasing or reports prior to of the proposed development to ensure adequate circulation permit issuance. within the project itself. The fair share contribution of all off- site improvements and timing of all onsite traffic improvements shall be subject to an agreement with the City of Rancho Cucamonga. This agreement shall be in place prior to tract map approval. TT -2: The project applicant shall update construction cost CE A Review C/D 2/3 estimates and prepare a current cost of the project's fair appropriate plans share contribution toward traffic improvements. or reports prior to permit issuance. 11 of 13 Mitigation Measures No. f Responsible Implementing Action for Monitoring Frequency Verification Verification Date /initials Non -Compliance TT -3: The project applicant shall construct Wilson Avenue CE A Review C/D from Etiwanda Avenue to East Avenue as a Special Divided appropriate plans 2/3 Secondary Arterial (165 ft. Right-of-way) in conjunction with or reports prior to development of the proposed project or as determined by the permit issuance. Development Agreement with the City. TT -4: The project applicant shall construct the extension of CE A Review C/D East Avenue from the south project boundary with a minimum 2/3 36 -foot two-way paved access to the project in conjunction appropriate plans with development of the proposed project oras determined by or reports prior to the Development Agreement with the City. permit Issuance. TT -5: The project applicant shall construct East Avenue from CE A Review C/D the north project boundary to Wilson Avenue to provide 44- appropriate plans 2/3 foot two-way paved access and the full shoulder (curb, gutter, or reports prior to street lights, and side walks) on west side of the street in conjunction with development of the proposed project or as permit issuance. determined by the Development Agreement with the City. TT -6: The project applicant shall construct Etiwanda Avenue CE A Review C/D from the north project boundary to Golden Prairie Drive at its appropriate plans 2/3 ultimate half -section width as a Secondary Arterial (96 ft. or reports prior to Righl-of-way) in conjunction with development of the permit issuance. proposed project or as determined by the Development Agreement with the City. TT -7: Prior to issuance of building permits, the applicant shall CE A Prior to permit D 2 provide funds in accordance with the City's Transportation issuance. Development Fee. Collection of these fees shall represent the project's "fair -share" toward the following transportation improvements required for opening year (Year 2004): • installation of a traffic signal at Etiwanda Avenue at Banyan Street. • installation of a traffic signal at East Avenue at Banyan Street. Construction of a southbound right tum lane at the intersection of Etiwanda Avenue at Highland Avenue. 12 of 13 Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sariptions1or Implementing Action for Monitoring Frequency Verif ication Verification Date/initials Non-Complianc TT -8: Prior to the issuance of building permits, the applicant CE A Prior to permit D 5 - Retain Deposit or Bonds 2 shall provide funds in accordance with the City's 6 - Revoke CUP issuance. 7 -Citation Transportation Development Fee. Collection of these fees shall represent the project's 'lair share" toward the following transportation improvements required for Buildout Year 2020. • Construction of one additional northbound lane to provide a shared left and through lane, and a shared right and through northbound lane, and one additional southbound lane to provide a shared left and through and a shared right and through southbound lane on East Avenue at Banyan Street. • Construction of a westbound through lane on Highland Avenue at Etiwanda Avenue. • Installation of a traffic signal at the intersection of Etiwanda Avenue (Nosh) at Wilson Avenue. • Installation of a traffic signal at the intersection of Etiwanda Avenue (South) at Wilson Avenue. Installation of a traffic signal at the intersection of East Avenue at Wilson Avenue. 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 CP - City Planner 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 13 of 13 COMMUNITY DEVELOPMENT in . DEPAR MEN1 STANDARD CONDITIONS PROJECT #: SUBT716072 SUBJECT: RESIDENTIAL SUBDIVISION APPLICANT: RICHLAND PINEHURST. INC. LOCATION: NORTH OF WILSON AVENUE, BETWEEN ETIWANDA AND EAST AVENUES ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract Map SUBTT16072 is granted subject to the approval of Annexation DRC2002-00865. 3. Copies of the signed Planning Commission Resolution of Approval No. 04-56, 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. B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 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 Division, the conditions contained herein, Development Code regulations and, the Etiwanda North Specific Plan. D1—Pg 92 Completion Daf —/-- Project No. SUBTr16072 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Condition: of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code anc 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 Division 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 City Planner 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. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. 8. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of acombination of concrete or masonry walls, berm ing, and/or landscaping to the satisfaction of the City Planner. For single- family residential developments, transformers shall be placed in underground vaults. 9. Street names shall.be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 10. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. a. Local Feeder Trails (i.e., private equestrian easements) shall, at a minimum, be fenced with two -rail, 4 -inch lodgepole "peeler" logs to define both sides of the easement; however, developer may upgrade to an alternate fence material. b. Local Feeder Trail entrances shall also provide access for service vehicles, such as veterinarians or hay deliveries, including a 12 -foot minimum drive approach. Entrance shall be gated provided that equestrian access is maintained through step-throughs. C. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the Building Official d. Provide a 24 -foot by 24 -foot corral area in the rear yard. Grade access from corral to trail with.a maximum slope of 5:1 and a minimum width of 10 feet. e. For single family residential development within the Equestrian/Rural Overlay District, at least one model home shall be provided with a constructed 24 -foot by 24 -foot corral with appropriate fencing. 11. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 2 D1—Pg 93 J_J_ _ J -__1 - JJ. __J_ J— /- -1-/ D. E. Project No. SUBTT16072 Completion Date 12. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 13. The developer shall submit a construction access plan and schedule for the development of all lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing forcommunity concerns, hours of construction activity, dust control measures, and security fencing. 14. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 15. For residential development, return walls and corner side walls shall be decorative masonry. 16. For single family residential development, a 2 -inch galvanized pipe shall be attached to each support post for all wood fences, with a minimum of two Yz-inch lag bolts, to withstand high winds. Both post and pipe shall be installed in an 18 -inch deep concrete footing. Pipe shall extend at least 4 feet, 6 inches above grade. 17. Wood fencing shall be treated with stain, paint, or water sealant. 18. Slope fencing along side property lines may be wrought iron or black plastic coated chain link to maintain an open feeling and enhance views. 19. On corner side yards, provide minimum 5 -foot setback between walls/fences and sidewalk. The 5 -foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the required street trees. Detailed landscape and irrigation plans shall be submitted for City Planner review and approval prior to issuance of building permits. The parkway landscaping including trees,*shrubs, ground covers and irrigation shall be maintained by the property owner. The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 20. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured products. Building Design For all residential development, provide conduit from each unit/lot and a pull box to connect to the street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-tathe building, FTTB). Plans shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. Landscaping 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 City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. D1—Pg 94 _J_/- -J--J- -J_ J— Project No. SUBTT15072 + Completion Date 3. All private slopes in excess of 5 feel, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15 -gallon or larger size tree per each 150 sq. ft, of slope area, 1 -gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5 -gallon or larger size tree per each 250 sq. ft, of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. 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 Division to determine that they are in satisfactory condition. 5, Front yard and corner side yard landscaping and irrigation shall be required. This requirement shall be in addition to the required street trees and slope planting. 6. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 7. 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. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 9. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. F. Environmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the City Adopted Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 3. The developer shall provide each prospective buyer written notice of the 210 and I-15 Freeways in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 4. 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 City Planner in the amount of $719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used bythe Cityto 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. G. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi -family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. 4 D1–Pg 95 /_ _/_/ _J—L— __/—L— _J_ J_ —J—/ _J_J_ Project No. SUBTT16072 Completion Dale APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; I. 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 Division Project Number (i.e., SUBTT #, SUBTPM#, DRC #) 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 Citylicenses and Workers' Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. —J—J--- J_/_5. 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can _/ /_ contact the Building and Safety Division staff for information and submittal requirements. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be --/--J— marked with the project file number (i.e., DRC2001-00001). 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 Division 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 —J--L-- J--/_shall shallpay 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 Division 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 _I / through Saturday, with no construction on Sunday or holidays. D1—Pg 96 K. Project No. SUBTT16072 Completion Date New Structures Roofing material shall be installed per the manufacturer's "high wind" instructions. 2. Roofing materials shall be Class "A." 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, 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. As a custom -lot subdivision, the following requirements shall be met: a. Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Building and Safety Official prior to final map approval and prior to the issuance of grading permits. b. Appropriate easements for safe disposal of drainage water that are conducted onto or over adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Official prior to the issuance of grading and building permits. C. On-site drainage improvements, necessary for dewatering and protecting the subdivided properties, are to be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. d. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to the issuance of grading and building permits (this may be on an incremental or composite basis). e. All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building and Safety Official. In addition, a permanent irrigation system shall be provided. This requirement does not release the applicant/developer from compliance with the slope planting requirements of Section 17.08.040 of the Development Code. 6. 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. 6 D1—Pg 97 Project No. SUBTF16072 Completion Dale APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access fuA 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): 44 total feet on Wilson Avenue. 33 total feet on East Avenue (42 feet north of Street "M') 52 total feet on Etiwanda Avenue. 3. Corner property line cutoffs shall be dedicated per City Standards 4. Private drainage easements for cross -lot drainage shall be provided and shall be delineated or noted on the final map. 5. All existing easements lying within future rights-of-way shall be quit -claimed or delineated on the final map. 6. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. 7. 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 bythe 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: Wilson. Etiwanda, and East Avenue. 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 City Council Resolution No. 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of atl improvements required by these conditions of approval of development. .m /_J_ _j_j_ Project No. SUBTT16072 Completion Date Construct the following perimeter street improvements including, but not limited to: Street Name Curb & Gutter AC. Pvmt Side- walk Drive Street Appr. Lights Street Trees Comm Trail Median Island • Bike TrailOther Wilson Avenue X X (c) X X (a) (h) Etiwanda Avenue X X X X X (h) East Avenue X (e) X X X (g) (f) I (h) 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) Plus 14 feet east of the centerline. (f) Between Wilson Avenue and 25th Street provide 34 -foot paved roadway for two-way traffic and north/south bike lanes. (g) North of Street "N." (h) Traffic striping/signage (R26). 4. Improvement Plans and Construction: a. Street improvement plans, including street trees, streetlights, and intersection safetylights 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 gbaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3 -inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. 5. Street improvement plans per City Standards for all private streets shall be provided for review and approval by the City Engineer. Prior to any work being performed on the private streets, fees shall be paid and construction permits shall be obtained from the City Engineer's Office in addition to any other permits required. 8 Dl—Pg 99 —/—/— __J—! —/ /— /_ 4— _J—J._ _/_J_ —/ /— /—/- Project No. SUBTT16072 Completion Date 6. 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. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet _(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. 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 Division. 4) Street trees are to be planted per public improvement plans only. 8. 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. N. Public Maintenance Areas A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineerfor 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: Wilson Avenue. Etiwanda Avenue. slopes alona the trail south of Etiwanda Avenue, 2. Public landscape areas are required to incorporate substantial areas ( % of mortared cobble or other acceptable non -irrigated surfaces. D1—Pg 100 _!_/ Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. East Avenue 60% (Background) Pinus canariensis Canary Island Pine 8 ft. 25 ft. o.c 15 gal. Fill Cercis occidentalis Western Redbud 3 ft. 20 ft. o.c. 15 gal. In 30% (Foreground) Sophora japonica : Japanese Pagoda Tree 5 ft. 30 ft. o.c. 15 gal. 10% (Accent) Wilson Avenue Cercis occidentalis Western Redbud 3 ft. 20 ft. o.c. 15 gal. Fill 60% (Background) In Pinus canariensis Canary Island Pine 8 ft. 25 ft. o.c. 15 gal. 30% (Foreground) Pyrus calleryana Bradford Pear 3 ft. 20 ft. o.c. 15 gal. 10% (Accent) 'Bradford' Etiwanda Avenue 60 % (Background) Pinus canariensis Canary Island Pine 8 ft. 25 ft. o.c. 15 gal. Fill Cercis occidentalis Western Redbud 3 ft. 20 ft. o.c. 15 gal. In 30!° (Foreground) Sophora japonica Japanese Pagoda Tree 5 ft. 30 ft. o.c. 15 gal. 10% (Accent) All other streets, provide street Select a street from the handout, following the guidelines for each street. names 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 Division. 4) Street trees are to be planted per public improvement plans only. 8. 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. N. Public Maintenance Areas A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineerfor 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: Wilson Avenue. Etiwanda Avenue. slopes alona the trail south of Etiwanda Avenue, 2. Public landscape areas are required to incorporate substantial areas ( % of mortared cobble or other acceptable non -irrigated surfaces. D1—Pg 100 _!_/ 0 Project No. SUBTT16072 Completion Date 3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 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 Etiwanda North Special Plan for Wilson. Etiwanda and East Avenues. Drainage and Flood Control It shall be the developer's responsibility to have the current FIRM Zona designation removed from the project area. The developer shall provide drainage and/or flood protection facilities sufficient to obtain an unshaded "X" designation. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 2. 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. 3. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 4. A permit from the San .Bernardino County Flood Control District is required for work within its right-of-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drainpipe measured from the outer edge of a mature tree trunk. 6. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street, and provisions made to pass through walls. 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 County Water District (CCW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD 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. 10 D1–Pg 101 /_(_ _/—J_ —J_/- Project No. SUBT716072 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. Q. General Requirements and Approvals 1: Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 2. Permits shall be obtained from the following agencies for work within their right of -way: San Bernardino County, MWD. SCE. and SBCFCD. 3. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities District shall be filed with the City Engineer prior to final map approval orthe issuance of building permits, whichever occurs first. Formation costs shall be borne by the Developer. 4. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 5. Prior to finalization of any development phase, sufficient improvement plans shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map. 6. 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 Division when the first building permit application is submitted to Building and Safety. Form CD -2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 11 D1—Pg 102 —L—/— _J__J_ —L_ — FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION Standard Conditions PROJECT #: SUBTT16072 PROJECT NAME: Richland Pinehurst, Inc DATE: May 6, 2004 PLAN TYPE: APPLICANT NAME: OCCUPANCY FIRE PROTECTION SYSTEM REQUIRED: LOCATION: FD REVIEW BY: ER and Tentative Tract Mai) Review MDS Consultinq, Stan Morse R-3 Fuel Modification a North of Wilson btw Etiwanda and East Moises Eskenazi. Sr. Plans Examiner FSC -1 General Requirements for Public and Private Water Supply General Guidance for Fire Hydrants: The following provides general guidance for the spacing and location of fire hydrants. Remember these are the maximum permitted distances between fire hydrants: a. For single-family residential projects in the designated Hazardous Fire Area the maximum distance between fire hydrants is 400 -feet. No portion of the exterior wall facing the addressed street shall be more than 200 -feet from an approved fire hydrant. For cul-de-sacs the distance shall not exceed 150 ft. b. Fire hydrants are to be located: 1. At the entrance(s) to a project from the existing public roadways. This includes subdivisions and industrial parks. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs. 5. The location of fire hydrants is based upon the operational needs of the Fire District to control a fire. 6. Fire hydrants shall be located a minimum of 40 feet from any building, 2. Minimum Fire Flow: The required fire flow for this project is 1750 gallons per minuteata minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix III -A, as amended. Please see "Water Availability' attachment for re_guired verification of fire flow availability for the proposed project. D1—Pg 103 3. Single-family Dwellings: The minimum fire flow for one and two-family dwellings with a fire area (Floor area measured in square feet) of 3600 square feet or less shall be 1000 gallons per minute. The fire flow for dwellings having a fire area in excess of 3600 square feet shall be determined in accordance with Fire Code Appendix, Table A -III -A-1, 4. Hazardous Fire Area: The required minimum fire flow for structures located in the designated hazardous fire area shall be not less than 1750 gpm at 20 p.s.i. residual. For structures in excess of 3600 square feet use Table A -III -A-1. This flow may be reduced when the structure is protected by an approvedautomatic fire sprinkler system. 5. Hydrants Used to Supply Fire -Flow: 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. 6. Show Existing Fire Hydrants and Mains: Existing fire hydrants and mains within 600 -feet of the project shall be shown on the water plan submitted for review and approval. Include main size. FSC -5 Hazardous Fire Area 1. Designated Hazardous Fire Area: This project is located within the "State Responsibility Area" (SRA), the "Very High Fire Hazard Severity Zone" (VHFHSZ), City of Rancho Cucamonga "Hillside District," or within the area identified on the Rancho Cucamonga General Plan, Exhibit V-7 as High Probability -High Consequence for Fire Risk. These locations have been determined to be within the "Hazardous Fire Area" as defined by the Fire District. This determination is based on maps produced by the California Department of Forestry and Fire Protection and the City of Rancho Cucamonga. 2. Hazardous Fire Area Development: Hazardous Fire Area Development: Place a note on the plans stating -Prior to the issuance of a building permit, the applicant shall meet all requirements for development and construction within the designated "Hazardous Fire Area." The minimum standard adopted by the Fire District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards. This standard includes provisions for the following: a. Class A roof assemblies, b. Fuel modification/hazard reduction plans, c. Approved Fire District access roadways, d. One-hour fire -resistive construction with protected openings may be required, e. Fire sprinkler system may be required, f. The required fire flow of minimum duration shall be provided from an on-site water supply. g. Visit www co san-bernardino ca us/landuseservices/DevCode/805-Overlav%2ODistricts.odf, for an Adobe copy. The regulations are contained in Chapter 2- Hazard Protection, Article 2- Fire Safety (FR) Overlay District. 3. Construction Standards: Summary of construction requirements for the Hazardous Fire Area: a. The roof shall be a Class A fire -resistive assembly approved by Building and Safety. Fire - retardant Class A wood shakes and shingles shall have completed a 10 -year "natural" weathering test. Class A roof assemblies shall be installed in accordance with -their listing and manufacturer's instructions. b. The space between rafts at exterior walls shall be solidly filled with light -fitting wood blocks at or - and one-half (1-1/2) inches thick. May be "boxed." D1 -Pg 104 c. The exposed surface of exterior wall must be listed as one-hour fire -resistive construction. d. All exterior doors must be solid core or wood portions shall be solid core wood. e. All windows, sliding glass doors or glass insets in does shall be constructed of approved dual - pane glass. f. Cantilevered or standard type desks shall be constructed of 1.) A minimum of at least one and one-half (1-1/2) inch wood deck; and/or 2.) Protected on the underside by materials approved for one (one) hour fire -resistive construction; and/or 3.) Be of non-combustible materials, as defined in the Building Code. g. Patio covers attached or within 10 -feet of a residential structure shall be constructed of materials not less than one-half (1/2) inch. Plastic, bamboo, straw, fiberglass, or wood -lattice less than one-half (1/2) inch are not permitted. h. All required fences adjacent to fuel modification areas or wildland areas as conditions of approval for a project shall be of non-combustible materials as defined in the Building Code. Any fence within 10 -feet of the fuel modification area or wildland area shall be non-combustible. Beyond 10 - feet the may be constructed of any approved material. All other fences, including those on the interior of the project are not subject to this requirement. i. Visit www.co.san-bernardino.ca.us/landuseservices/DevCode/805-Overlav%2ODistricts odf, for an Adobe copy. The regulations are contained in Chapter 2- Hazard Protection, Article 2- Fire Safety fFR) Overlay District. Review the County Fire Safety Overlay District standard for complete requirements. Contact the Fire Safety Division (909) 477-2770 4 Perimeter Roadway Required: A roadway shall be provided along the project perimeter exposed to a fire hazard or fuel modified area. The roadway is to allow fire district vehicle access. Such roadway shall be a minimum twenty (20) feet in width, with a grade not to exceed fourteen percent (14%), and capable of supporting fire fighting vehicles. Contact the Fire Safety Division at (909) 477-2770, Extension 3009, for specific requirements. 5. Power -operated Equipment Use in a Hazardous Fire Area: Submit a "Fire Prevention and Control Plan" to the Rancho Cucamonga Fire Protection District, Fire Safely Division for review and approval. The plan shall include job location, specific fire tools to be maintained on-site, person(s) responsible for supervising the project (on-site), method of reporting a fire (cell phone, etc.), City or County Permit Number, contractors license number, address, telephone number, etc. 6. Fire District Approval Required for Equipment Use: No power -operated equipment, including mobile, stationary, or portable, shall be used without Fire Safety Division written approval. 7. Combustible Vegetation: During the declared "fire season" or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, contact the Fire Protection District during normal business hours to determine if "special fire protection measures" are required to operate power equipment. Cali (909) 477-2770, Monday through Thursday, between 7:00 AM and 5:00 PM. The purpose of the call is to determine if extreme fire weather conditions are present or expected to occur. B. Special Fire Protection Required: "Special fire protection measures" include, but are not limited to; a. A stand-by water tender with operating pump; tested and maintained fire hose and nozzles. b. Pre -wetting of the site to avoid the production of sparks, i.e., contact between blades or tracks and rocks, etc. c. The Fire District requires the contractor to maintain a firewatch for a minimum of one-hour following cessation of operations each day. D1—Pg 105 d. For welding, cutting or grinding clear away all flammable material from the area around such operation for a minimum distance of 10 -feet. A "hot -work" permit will be required. e. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one five (5) gallon backpack water pump -type fire extinguisher fully equipped and ready for use at the immediate area during the operation. FSC -6 Fuel Modification/Hazard Reduction Plan (Required Notes for All Maps and Plans) A.1.@.1. Hazardous Fire Area: This project is located in the "Hazardous Fire Area" based on proximity to or exposure urban—wildland interface. Mitigation measures are required. The building(s) shall be constructed in accordance with the standards contained in the San Bernardino County Fire Safety Overlay District- Area FR -1 or Area FR -2. A.1.a.2. Required Landscaping Plans: Landscaping plans shall be submitted to the Fire Safety Division for review of proposed vegetation. All groundcover, shrubs, plants, and trees are required to be fire -resistive in accordance with three (3) published references. Refer to the following web site htti)://www.ucfpl.ucop.edu/I-Zone/XIV/vegetati.htm for additional information. The plant palette shall include the common name for all vegetation. The landscaping plan shall identify all native species proposed for retention. A.1.a.3. Preliminary Fuel Modification Plan: Prior to the issuance of a preliminary grading the applicant shall obtain the Fire District approval of a preliminary fuel modification/hazard reduction plan and program. The plan(s) shall be prepared by an individual or firm qualified and experienced In wildfire hazard mitigation planning. a. Show all property lines, contour lines, locations of proposed buildings or. structures, b. Show the 30 -foot minimum defensible space for slopes less than 15% and 100 -feet for slope 15% or more (Zone 1- Setback Zone) around the perimeter of each building or structure. c. Show each fuel modification zone (setback, irrigated, thinning, and interface thinning). d. Show existing vegetation impacted by the required fuel modification and, if available, proposed vegetation to be planted in the fuel Modification area. The preliminary plans should be sensitive to rare, threatened, or endangered species and the applicant must be prepared to address their disposition in the final plans. e. Include photographs of the area that show the type of vegetation currently existing; include height and density; and relationship to grade. f. Describe the fuel modification methods to be used for vegetation removal, if appropriate, i.e., mechanical or manual. g. Describe on the plan what exists up to not less than 600 -feet beyond the site or development property line in all directions, i.e., built-up area, natural vegetation, roads, parks, green space, etc. State on the plan who will have ultimate responsibility for maintenance of fuel modification zones. A.1.a.4. Final Fuel Modification Plan: Prior to the issuance of any building permit, the applicant shall obtain Fire District approval of a final fuel modification/hazard reduction plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to the structures by vegetation. a. Show each fuel modification zone (setback, irrigated, thinning, and interface thinning). Indicate D1—Pg 106 locations of permanent zone identification markers. b. Include irrigation plans and specifications. c. Attach a landscape plan. The landscape plan must identify the location and type of supplemental plantings. The plans and specifications shall include both the common and botanical names of new and existing plants within the fuel modification area. Clearly indicate on the plans the disposition of impacted existing vegetation. d. The landscape plan shall include any special or specific maintenanceintended for the site such as pruning, "limbing" up, mowing, etc. e. Describe the fuel modification methods to be used for vegetation removal, if appropriate, i.e., mechanical or manual. f. Describe on the plan what exists up to not less than 600 -feet beyond the site or development property line in all directions, i.e., built-up area, natural vegetation, roads, parks, green space, etc. g. State on the plan who will ultimate responsibility for maintenance of fuel modification zones. h. Include on the title sheet any tract/project conditions of approval, CC&R's, and/or deed restrictions related to the site or final fuel modification area. Include a copy of the approved preliminary fuel modification plans with this submittal. I. Provide an appropriate recorded document filed with the County Recorder showing continued maintenance responsibility in the event of property transfer, change in membership of directors, change in CC&R's. J. Maintenance responsibility requirements and appropriate recorded document filed with the County Recorder A.1.a.5. Initial Inspection: Prior to the issuance of a building permit, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire District, before the introduction of any combustible materials into the project area. Approval is subject to final on-site inspection. 6. Final Inspection and Documentation: Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modification/hazard reduction plan shall be installed. The Fire District shall inspect and approve the completed fuel modification areas. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire District. The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subject to (annual) triennial inspections. 7. Phased or Temporary Plans: Phased projects or temporary fuel modification plans must meet the requirements for permanent plans and be approved by the Fire District. 8. Single-family In -fill Projects: For a single-family dwelling project located in the Hazardous Fire Area, a simplified landscaping/fuel modification plan may be acceptable. The plan shall detail the defensible space. Provide a minimum 30 -foot space for slopes less than 15% and a minimum one hundred (100) feet space for slopes of 15% or more. Show proposed and/or existing vegetation. Refer to the following web site for further information- htto:/Iwww.UCfl)I.UCOD.edu/l-ZonelXIV/vegetati.htm. The Fire District can provide a single page sheet of standardized notes for inclusion on the construction plans. D1—Pg 107 FSC -7 Single-family Residential Sales Models 1. Minimum Access and Water: Residential sales model homes require approved Fire District vehicle access and water supply from a public or private water main system. FSC -12 Plan Submittal Required Notice Required plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical Code; Health and Safety Code; Public Resources Code; and RCFPD Ordinances FD15 and'FD32, Guidelines and Standards. NOTE: In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. FSC -14 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials and methods within the scope of our authority. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents. PRIOR TO ISSUANCE OF GRADING PERMIT- For Each Development Phase 1. Preliminary Fuel Modification Plan: Prior to the issuance of a preliminary grading permit, the applicant shall obtain the Fire District approval of a preliminary fuel modification/hazard reduction plan and program. The plan(s) shall be prepared by an individual or firm qualified and experienced in wildfire hazard mitigation planning. a. Show all property lines, contour lines, locations of proposed buildings or structures, b. Show the 30 -foot minimum defensible space for slopes less than 15% and 100 -feet for slope 15% or more (Zone 1- Setback Zone) around the perimeter of each building or structure. c. Show existing vegetation impacted by the required fuel modification and, if available, proposed vegetation to be planted in the fuel modification area. The preliminary plans should be sensitive to rare, threatened, or endangered species and the applicant must be prepared to address their disposition in the final plans. d. Include photographs of the area that show the type of vegetation currently existing; include height and density; and relationship to grade. e. Describe the fuel modification methods to be used for vegetation removal, if appropriate, i.e., mechanical or manual. f. Describe on the plan what exists up to not less than 600 -feet beyond the site or development property line in all directions, i.e., built-up area, natural vegetation, roads, parks, green space, etc. g. State on the plan who will have ultimate responsibility for maintenance of fuel modification zones. 2. Model Homes - Required Plans: Prior to issuance of any grading permit please identify the lots selected for construction of residential sales models on a scaled site plan. Include the location of required fire hydrants and fire district access roadways. The site plan shall be submitted to the Fire Safety Division for approval. PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1. Public Fire Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District D1—Pg 108 D1—Pg 109 and the Water District. On the plan show all existing fire hydrants within a 600 -foot radius of the project. 2. Public Installation: All required public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Water District personnel shall inspect the installation and witness hydrant flushing. The builder/developer shall submit a copy of the Water District inspection report to the Fire Safety Division. Contact Water District to schedule testing. 3. Hazardous Fire Area Construction: The building or project is located within the designated Hazardous Fire Area. All buildings and structures shall be constructed in accordance with the provisions of County Fire Safety Review Area standards. In the Hazardous Fire Area the applicant shall provide a modified one-hour fire -resistive wall for the following exterior wall(s) based on exposure to unmodified native vegetation or potential exposure to embers or debris from a wind - driven fire: For this proposed map lot 212 through lot 250 inclusive the following sides shall be constructed of one-hour modified fire -resistive construction: a. North Side - b. East Side - c. West Side - No vent openings are permitted on or in building components or surfaces that are parallel to any wall required to be constructed of modified one-hour fire -resistive construction. 4. Hazardous Fire Area Development: Hazardous Fire Area Development: Place a note on the plans stating -Prior to the issuance of a building permit, the applicant shall meet all requirements for development and construction within the designated "Hazardous Fire Area." The minimum standard adopted by the Fire District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards. This standard includes provisions for the following: a. Class A roof assemblies; b. Fuel modification/hazard reduction plans; c. Approved Fire District access roadways; d. One-hour fire -resistive construction for exterior walls may be required; e. The required fire flow of minimum duration shall be provided from the public water system or an on-site water supply. 5. Architectural Plans- Single-family Residential Hazardous Fire Area: Prior to the issuance of a building permit the applicant shall submit architectural plans for the review and approval of the Fire Safety Division. The Fire Safety Division review is intended to ensure that conditions established during the development review have been included in the design of the project. Contact the Fire Safety Division (909)477-2770 6. Fuel Modification Plan- Initial Inspection: Prior to the issuance of a building permit, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire District before the introduction of any combustible materials into the project area. Approval is subject to final on-site inspection. 7. Building Use Letter- Required Letter: Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building on-site to the Fire District for review and approval. A form that may be used to meet this requirement is attached at the end of the Fire District comments. Provide a separate letter for each building or structure with storage use areas. - 8. Combustible Construction Letter- Required Letter: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible D1—Pg 109 material is placed on-site. The roadway shall be maintained at all times. PRIOR TO OCCUPANCY OR FINAL INSPECTION- 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 Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On private property these markers are to be maintained in good condition by the property owner. 1. Address Single-family: New 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. Required Landscaping Plans: Landscaping plans shall be submitted to the Fire Safety Division for review of proposed vegetation. All groundcover, shrubs, plants, and trees are required to be fire -resistive in accordance with at least three (3) published references. Refer to the following web site for additional information- http://www.ucfpl.ucop.edu/l-Zone/XIV/vegetati.htm. The plant palette shall include the common name for all vegetation. The landscaping plan shall identify all native species proposed for retention. 3. Fuel Modification Plan- Final Inspection and Documentation: Prior to the issuance of any Certificate Of Occupancy, the remainder of the fuel modification/hazard reduction plan shall be installed. The Fire District shall inspect and approve the completed fuel modification areas. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire District: The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subject to (annual) triennial inspections. Items or Issues Not Identified Elsewhere 1. Provide a revised copy of approved vegetation management and fuel modification plans. Include details for a minimum of 600 -feet beyond subdivision boundaries. D1—Pg 110 RESOLUTION NO. 17-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION (DRC2017-00430) FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP (SUBTT16072) TO SUBDIVIDE 150.79 ACRES INTO 358 LOTS IN THE LOW (2-4 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT, WITH AN AVERAGE DENSITY OF 2.3 DWELLING UNITS PER ACRE FOR THE ENTIRE PROJECT, IN THE UPPER ETIWANDA NEIGHBORHOOD OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT NORTHEAST CORNER OF WILSON AVENUE AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 1087-081-12,19 THROUGH 24. A. Recitals. 1. Golden Meadowland, LLC. and Ranch Haven, LLC. filed an application for the extension of the approval of Tentative Tract Map SUBTT16072, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On June 16, 2004, the City Council adopted its Resolution No. 04-206, thereby, approving Tentative Tract Map SUBTT16072 subject to specific conditions and time limits. 3. On June 13, 2007, the Planning Commission adopted its Resolution No. 07-26, thereby, approving the application for a 1 -year time extension subject to specific conditions and time limits. 4. On May 28, 2008, the Planning Commission adopted its Resolution No. 08-25, thereby, approving the application for a 1 -year time extension subject to specific conditions and time limits. 5. From July 2008 to July 2013, Senate Bill 1185, Assembly Bill 333, Assembly Bill 208 and Assembly Bill 116 were approved by the Governor allowing for a total of 7 years of automatic extensions for this Tentative Tract Map SUBTT16072. 6. On June 22, 2016, the Planning Commission adopted its Resolution No. 16-42, thereby, approving the application for a 1 -year time extension subject to specific conditions and time limits 7. On June 14, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application for a fourth 1 -year time extension to SUBTT16072 and concluded said hearing on that dale. 8. 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. EXHIBIT E D1—Pg 111 PLANNING COMMISSION RESOLUTION NO. 17-64 TIME EXTENSION DRC2017-00430 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 14, 2017 Page 2 2. Based upon substantial evidence presented to this Commission during the above - referenced public hearing on June 14, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to 7 parcels of approximately 150.79 acres located at the northeast corner of Etiwanda Avenue and Wilson Avenue; and b. The project is adjacent to the south and west by single-family residences and is adjacent to the north and east by vacant undeveloped land; and C. The zoning of the subject property is Very -Low Residential District and Low Residential District. The zoning of the properties to the north and west are within the Low Residential District. The Zoning of the property to the east is within the Very -Low Residential District. The Zoning of the properties to the south are within the Very -Low Residential District. The subject property and properties to the north, east and west are within the North Etiwanda Specific Plan. The properties to the south are within the Etiwanda Specific Plan; and d. The previously approved Tentative Tract Map SUBTT16072 complies with the density requirements specified within the Etiwanda North Specific Plan (ENSP). The ENSP requires the density within any residential district to be determined through the residential land development/design review process and public hearings as described in the Development Code in order to ensure compatibility with adjacent residential developments; existing or proposed. The Tentative Tract Map includes 358 lots for single-family residential development and is consistent with the existing residential development to the west and northwest as well as the previously approved subdivisions to the north and southeast. The northern portion of SUBTT16072 includes 167 lots on 56.61 acres with a density of 2.95 dwelling units per acre. The southern portion of the project includes 191 lots on 65.71 acres at a density of 2.92 dwelling units per acre. The combined net density of the project is 2.93 dwelling units per acre. The gross density of the project is 2.38 dwelling units per acre; and e. The previously approved Tentative Tract Map SUBTT16072 is consistent with the density provisions of the General Plan Land Use Designations of Low Residential (2-4 dwelling units per acre) and Very Low Residential (1-2 dwelling units per acre) as averaged across the project site (as described in subsection e. above). Furthermore, development across the entire project results in less development than what would otherwise be allowed under the General Plan based on the permitted densities; and f. The extension of the Tentative Tract Map SUBTT16072 approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and g. The extension of the Tentative Tract Map SUBTT16072 approval is not likely to cause public health and safety problems; and h. The extension is within the time limits established by State law and local ordinance. 3. 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 D1—Pg 112 PLANNING COMMISSION RESOLUTION NO. 17-64 TIME EXTENSION DRC2017-00430 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 14, 2017 Page 3 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, the City certified an Environmental Impact Report (EIR) on June 16, 2004 in connection with the City's approval of Tentative Tract Map SUBTT16072. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the time extension request, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The proposal only involves a request to extend the approval period of a previously approved Tentative Tract Map. The proposal does not involve any changes or modifications to the design of the previously approved subdivision. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. A memorandum was submitted by the applicant's biologist, on June 5, 2017, stating the site conditions remain consistent with previous site assessments. The letter also concludes, based on observations made in our recent site visit, no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts and no new important information shows the project will have new or more severe impacts than previously considered, and that, no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the time extension. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for: Tentative Tract Applicant Expiration SUBTT16072 GOLDEN MEADOWLAND, LLC. June 16, 2016 AND RANCH HAVEN, LLC. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA D1—Pg 113 PLANNING COMMISSION RESOLUTION NO. 17-64 TIME EXTENSION DRC2017-00430 - GOLDEWMEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 14, 2017 Page 4 go Oaxaca, Chairman ATTEST: Candyce ur ett, Secretary I, Candyce Burnett, ecretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of June 2017, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS ABSTAIN: COMMISSIONERS: NONE D1—Pg 114 2111 AIt, ri Fm k,v:'a Irvim CA 92606 949 753.7001 . d 949 753 7002 Memorandum ave May 3, 2018 to Mr. John Schafer/ Richland Communities / from Daryl Koutnik, Principal Biologist ,object Tract 16072 Biological Due Diligence Update This memorandum addresses the status of the current biological conditions for the above referenced project site. The project site was assessed by PCR Services Corporation (now- merged with ESA) biologists in 2002, 2007 and 2011. The 2011 biological assessment was conducted as part of the Streambed Alteration Agreement application process with Cali£omia Department of Fish and Wildlife. Specifically, the 2011 project site conditions were assessed to determine the status and extent of vegetation communities, jurisdictional areas, and sensitive plant and wildlife species. No substantial changes were noted in the 2011 assessment and no additional mitigation measures beyond those noted in the original 2002 assessment were recommended. A site visit was conducted on May 20, 2016 by an ESA PCR biologist, who was also part of the PCR team that assessed the site in 2011. Based on those 2016 observations, the site conditions remained consistent with those assessed in 2011. Additional site visits were conducted by ESA biologist Tommy Motion, on June 2, 2017, and ESA biologist Dale Hameister on April 20, 2018 to assess if biological conditions on the site remain the same since the 2016 update, particularly due to the large storm events the region experienced in the winter of 2016/2017. Based on the ESA observations made during the 2017 and 2018 site visits compared to the biological conditions mapped in 2011, and documented as consistent in 2016, the existing biological conditions remain the same. Particular attention during the site visit was directed towards assessing the existing conditions of the three jurisdictional drainage features mapped on the project site, which are in a similar condition as what was previously documented. As such, the discussion of impacts to sensitive plant and wildlife species and recommended mitigation measures as detailed in the 2002 Biological Resource Assessment is consistent with the site conditions observed in 2018. In conclusion, no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts and no new substantial information indicates the project will have new or more severe impacts than previously considered. In addition, no new mitigation measures would now be feasible to reduce impacts or different mitigation measures would be imposed to significantly reduce impacts. We hope the following information addresses any concerns or questions. Please feel free to contact me or Tommy Molina at (949) 753-7001, or dkoutnik(rr esassoc.com or tmolioo(iiesassoc.com, if you should require further assistance. EXHIBIT F D1—Pg 115 RESOLUTION NO 18-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FORA FIFTH 1 -YEAR TIME EXTENSION (DRC2018-00319) FORA PREVIOUSLY APPROVED TENTATIVE TRACT MAP (SUBTT16072) TO SUBDIVIDE 150.79 ACRES INTO 358 LOTS IN THE LOW (2-4 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICT, WITH AN AVERAGE DENSITY OF 2.3 DWELLING UNITS PER ACRE FOR THE ENTIRE PROJECT, IN THE UPPER ETIWANDA NEIGHBORHOOD OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF WILSON AVENUE AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 1087-081-12,19 THROUGH 24. A. Recitals 1. Golden Meadowland, LLC. and Ranch Haven, LLC. filed an application for the extension of the approval of Tentative Tract Map SUBTT16072, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On June 16, 2004, the City Council adopted its Resolution No. 04-206, thereby, approving Tentative Tract Map SUBTT16072 subject to specific conditions and time limits. 3. On June 13, 2007, the Planning Commission adopted its Resolution No. 07-26, thereby, approving the application for a 1 -year time extension subject to specific conditions and time limits. 4. On May 28, 2008, the Planning Commission adopted its Resolution No. 08-25, thereby, approving the application for a 1 -year time extension subject to specific conditions and time limits. 5. From July 2008 to July 2013, Senate Bill 1185, Assembly Bill 333, Assembly Bill 208 and Assembly Bill 116 were approved by the Governor allowing for a total of 7 years of automatic extensions for this Tentative Tract Map SUBTT16072. 6. On June 22, 2016, the Planning Commission adopted its Resolution No. 16-42, thereby, approving the application for a 1 -year time extension subject to specific conditions and time limits 7. On June 14, 2017, the Planning Commission adopted its Resolution No. 17-64, thereby, approving the application for a 1 -year time extension subject to specific conditions and time limits 8. On June 13, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application for a fifth 1 -year time extension to SUBTT16072 and concluded said hearing on that date. 9. 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: D1—Pg 116 PLANNING COMMISSION RESOLUTION NO.18-24 TIME EXTENSION DRC2018-00319 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 13, 2018 Page 2 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 substantial evidence presented to this Commission during the above - referenced public hearing on June 13, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to 7 parcels of approximately 150.79 acres located at the northeast corner of Etiwanda Avenue and Wilson Avenue; and b. The project is adjacent to the south and west by single-family residences and is adjacent to the north and east by vacant undeveloped land; and C. The zoning of the subject property is Very -Low Residential District and Low Residential District. The zoning of the properties to the north and west are within the Low Residential District. The Zoning of the property to the east is within the Very -Low Residential District. The Zoning of the properties to the south are within the Very -Low Residential District. The subject property and properties to the north, east and west are within the North Etiwanda Specific Plan. The properties to the south are within the Etiwanda Specific Plan; and d. The previously approved Tentative Tract Map SUBTT16072 complies with the density requirements specified within the Etiwanda North Specific Plan (ENSP). The ENSP requires the density within any residential district to be determined through the residential land development/design review process and public hearings as described in the Development Code in order to ensure compatibility with adjacent residential developments; existing or proposed. The Tentative Tract Map includes 358 lots for single-family residential development and is consistent with the existing residential development to the west and northwest as well as the previously approved subdivisions to the north and southeast. The northern portion of SUBTT16072 includes 167 lots on 56.61 acres with a density of 2.95 dwelling units per acre. The southern portion of the project includes 191 lots on 65.71 acres at a density of 2.92 dwelling units per acre. The combined net density of the project is 2.93 dwelling units per acre. The gross density of the project is 2.38 dwelling units per acre; and e. The previously approved Tentative Tract Map SUBTT16072 is consistent with the density provisions of the General Plan Land Use Designations of Low Residential (2-4 dwelling units per acre) and Very Low Residential (1-2 dwelling units per acre) as averaged across the project site (as described in subsection e. above). Furthermore, development across the entire project results in less development than what would otherwise be allowed under the General Plan based on the permitted densities; and f. The extension of the Tentative Tract Map SUBTT16072 approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and g. The extension of the Tentative Tract Map SUBTT16072 approval is not likely to cause public health and safety problems; and h. The extension is within the time limits established by State law and local ordinance. This application involves the fifth 1 -year time extension. Section 16.16.170.0 of the Municipal Code, D1—Pg 117 PLANNING COMMISSION RESOLUTION NO.18-24 TIME EXTENSION DRC2018-00319 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 13, 2018 Page 3 Time Limit of Extension, allows for up to five time -extensions to be granted in 12 -month increments. This will be the final extension of time that can be granted for the subject tentative tract map. 3. Based upon the facts and information contained in the application, together with all written and oral reports included forthe 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, the City certified an Environmental Impact Report (EIR) on June 16, 2004 in connection with the City's approval of Tentative Tract Map SUBTT16072. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the time extension request, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The proposal only involves a request to extend the approval period of a previously approved Tentative Tract Map. The proposal does not involve any changes or modifications to the design of the previously approved subdivision. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. A memorandum was submitted by the applicant's biologist, on June 5, 2017, stating the site conditions remain consistent with previous site assessments. The letter also concludes, based on observations made in our recent site visit, no substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts and no new important information shows the project will have new or more severe impacts than previously considered, and that, no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the time extension. D1—Pg 118 PLANNING COMMISSION RESOLUTION NO.18-24 TIME EXTENSION DRC2018-00319 - GOLDEN MEADOWLAND, LLC. AND RANCH HAVEN, LLC. June 13, 2018 Page 4 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Commission hereby grants a time extension for: Tentative Tract Applicant Expiration SUBTT16072 GOLDEN MEADOWLAND, LLC. June 16, 2019 AND RANCH HAVEN, LLC. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA NJ ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of June 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D1—Pg 119 •fir �!i CITY OF RANCHO CUCAMONGA STAFF REPORT !y! DATE: June 13, 2018 TO: Chairman and Members of the Planning /+ Commission FROM: Candyce Burnett, City Planner al c INITIATED BY: Tom Grahn, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2015-00683 — ARCHIBALD OIL — A request to amend the General Plan land use designation from Low Medium Residential to General Commercial for a 1.22 -acre site located at the northeast corner of Archibald Avenue and Arrow Route; APNs: 0208-291-05 and 0208-291-06. Related Files: Zoning Map Amendment DRC2015-00684, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This application will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND ZONING MAP AMENDMENT DRC2015-00684 — ARCHIBALD OIL — A request to amend the Zoning Map land use district from the Low Medium (LM) Residential District to the General Commercial (GC) District for a 1.22 -acre site located at the northeast corner of Archibald Avenue and Arrow Route; APNs: 0208-291-05 and 0208-291-06. Related Files: General Plan Amendment DRC2015-00683, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This application will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00682 — ARCHIBALD OIL — A request to establish retail sales in an existing 1,728 square foot vacant service station building, re-establish an existing 1,481 square foot canopy with 4 fuel pumps, and install a 968 square foot car wash on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291-05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, Conditional Use Permit DRC2015- 00681, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2015-00681— ARCHIBALD OIL —A request to establish a 968 square foot automated car wash associated with a request to establish retail sales in an PLANNING COMMISSION STAFF REPORT DRC2015-00683, DRC2015-00684, DRC2015-00682, DRC2015-00681, DRC2016-00831 AND DRC2017-00879 —ARCHIBALD OIL June 13, 2018 Page 2 existing 1,728 square foot vacant service station building and re-establish an existing 1,481 square foot canopy with 4 fuel pumps on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291-05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, Design Review DRC2015-00682, Variance DRC2016-00831, and Minor Exception DRC2017-00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2016-00831 — ARCHIBALD OIL — A request to reduce the parking setback from 10 feet to 5 feet -6 inches for the proposed request to establish retail sales in an existing 1,728 square foot vacant service station building, re-establish an existing 1,481 square foot canopy with 4 fuel pumps, and install a 968 square foot car wash on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291-05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, and Minor Exception DRC2017- 00879. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND MINOR EXCEPTION DRC2017- 00879 — ARCHIBALD OIL — A request to reduce on-site parking by 12.5% for the proposed request to establish retail sales in an existing 1,728 square foot vacant service station building, re-establish an existing 1,481 square foot canopy -with 4 fuel pumps, and install a 968 square foot car wash on a 29,456 square foot (0.676 acre) parcel in the Low Medium (LM) Residential District (proposed General Commercial (GC) District) at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue; APN: 0208-291-05. Related Files: General Plan Amendment DRC2015-00683, Zoning Map Amendment DRC2015-00684, Design Review DRC2015-00682, Conditional Use Permit DRC2015-00681, and Variance DRC2016-00831. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends the Planning Commission continue the project to the June 27, 2018 Planning Commission Meeting. BACKGROUND The proposed General Plan Amendment, Zoning Map Amendment, and Design Review and related applications were scheduled for the June 13, 2018 Planning Commission meeting. However, following circulation of the Initial Study/Mitigated Negative Declaration for the project staff received comments from the South Coast Air Quality Management District (SCAQMD) and PLANNING COMMISSION STAFF REPORT DRC2015-00683, DRC2015-00684, DRC2015-00682, DRC2015-00681, DRC2016-00831 AND DRC2017-00879 — ARCHIBALD OIL June 13, 2018 Page 3 the Department of Toxic Substances Control (DTSC) that required further analysis. The applicant's consultants have prepared responses to those comments and the City will be requesting concurrence from both agencies so that a proper staff review and evaluation can be included in the Planning Commission staff report. CB:TG1Is