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HomeMy WebLinkAbout2018-05-09 - Agenda Packet - PC-HPCMAY 9, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 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. C11- Consideration to adopt Regular Meeting Minutes of April 11, 2018 Page 1 of 5 CITY OF RANCHO CUCAMOM MAY 912018 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. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND GENERAL PLAN AMENDMENT DRC2017-00969 - CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC.— A request to modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Residential Land Use Area by 95 units and to increase the maximum number of residential units in the Residential/Mixed Use Main Street Land Use Area by 95 units. The General Plan amendment affects property within the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Victoria Gardens Master Plan Amendment DRC2017-00971, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. D2. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 - CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC.- A proposed amendment to the Victoria Gardens Master Plan (VGMP) to rezone a vacant 5.33 -acre parcel (APN: 109053106) located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive, from Residential to Civic/Parking Area and modifying various language in the VGMP to allow the future development of a public parking lotlstructure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area, within the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017- 00969, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. Page 2 of 5 UB lvip% I zi, cu 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D3, ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND DEVELOPMENT AGREEMENT AMENDMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC. - A proposed fourth amendment to Development Agreement DA01-02 to incorporate General Plan Amendment DRC2017-00969 and Victoria Gardens Master Plan Amendment DRC2017--00971 into the vested rights applicable to the Victoria Gardens Mall, to facilitate the timing and development of a public safety facility on a vacant 5.33 -acre parcel (APN: 109053106) located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive. The Development Agreement Amendment affects property located within the Victoria Gardens Mall area located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-00971 and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. D4, ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND TENTATIVE PARCEL MAP TPM19963 - CITY OF RANCHO CUCAMONGA AND RANCHO MALL NE, LLC.- A request to subdivide a 5.33 -acre lot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 -acres for a future parking lot and/or parking structure (APN: 109053106), located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive in the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Victoria Gardens Master Plan Amendment DRC2017- 00971. This item will be forwarded to the City Council for final action. E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS-. Page 3 of 5 MAY 912018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA G. ADJOURNMENT 1, 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 3, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. .dps 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. 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. Page 4of5 IVIP% i .73 LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 5 Vicinity Map Historic Preservation and Planning Commission Meeting MAY 9, 2018 3ase Line Church WEENEENKISO P-.ddw iA 7 WE Ww. N Base line Church z Foothill N Arrow 6th 4th >It Meeting Location: City Hall/Council Chamber, 10500 Civic Center Drive d d C El 3ase Line Church WEENEENKISO P-.ddw iA 7 WE Ww. N Base line Church z Foothill N Arrow 6th 4th >It Meeting Location: City Hall/Council Chamber, 10500 Civic Center Drive Mr -MIL i I, ALU 10 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 7:00 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 Ghirelh, Assistant City Attomey; Albert Espinoza, Asst. City Engineer, Dominick Perez, Associate Planner; Lois Schrader, Planning Commission Secretary; Mike Smith, Senior Planner 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. ne C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION Page 1 of 10 C1—Pgl MI -MIL 1 11, Lu 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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. Cl. Consideration to adopt Regular Meeting Minutes of March 14, 2018 (Continued from March 28, 2018) Moved by Guglielmo, seconded by Macias carried 4.0-1 (Oaxaca abstain) to adopt the Regular Meeting Minutes of March 14, 2018. C2, Consideration to adopt Regular Meeting Minutes of March 28, 2018 C3. Consideration to adopt Adjourned Meeting (Workshop) Minutes of March 28, 2018 Moved by Guglielmo, seconded by Munoz, carried 3-0-2 (Macias, Wimberly abstain) to adopt the Regular Meeting Minutes and Adjourned Meeting Minutes of March 28, 2018. 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. MUNICIPAL CODE AMENDMENT DRC2018-00977 — CITY OF RANCHO CUCAMONGA -- A request to amend Title 17 (Development Code) of the Municipal Code to amend regulations regarding the posting and display of signs in the public right-of-way. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA sections 15061([3)(3) and 15305. This item will be forwarded to the City Council for final action. CONTINUED FROM MARCH 14, 2018 AND MARCH 28, 2018, Chairman Oaxaca noted the item had been continued and the public hearing has remained open from the March 28, 2018 meeting. Jana Cook, Community Improvement Manager, gave the report and PowerPoint presentation (copy on file) Her PowerPoint addressed concerns previously mentioned by the Commission Page 2 of 10 C1—Pg2 CITY OF RANCHO CUCAMONGA� APRIL 'i i, Zu 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION IWINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA on March 14, She said the number of signs allowed (12) was determined with input and seemed to be reasonable to give clear directions to event locations. She said a different number could be recommended by the Commission to the Council. She mentioned the driving force began with 2015 case law that pointed to areas of our current ordinance to be out of compliance. Additionally, she mentioned the public safety/traffic concerns as a driving force_ She indicated the timing of this draft ordinance has little to do with it being a political season as this was started long before the pollical season. She said we regularly receive reports about signs but our hands are currently tied with respect to enforcement using our current ordinance_ She said 350 signs were removed on 10 separate dates during February 2018. She said staff had hoped to bring this forward sooner, but the process was very complicated working with other departments followed by review from legal counsel to ensure defensibility, She noted a positive response was received at the Chamber of Commerce Business Connections Network breakfast, She said the BIA is aware we are moving forward and the discussion with them is continuing to seek options for an off-site sign program for development projects that is satisfactory to the BIA and the City. Chairman Oaxaca opened the floor for public comment. Bill Rue of the Citrus Valley Association of Realtors said they have had many conversations with staff and they appreciate the hard work and attention to their concerns and for keeping them informed. He said they appreciate the time, effort, the members feel they are getting more not less, they too appreciate limiting blight, and they are glad to look for safety — their members take safety seriously. He said they also appreciate that it is content neutral and that we are following the Supreme Court ruling for equality for all. He said he looks forward to working with Mr. Espinoza and Ms. Cook in the future. Chairman Oaxaca closed the public comment period and moved to Commission comments. Commissioner Munoz said he supports the realtors' and BIA concerns and he understands the line of sight issue/safety- He said we look at this issue frequently and he appreciates the tweaks. He said he does not believe we currently give everyone an even break with respect to signs and he supports the idea of the change to help ensure all parties get a fair shot. He commented on his concerns regarding blight, permitting/registration of those wanting to post signs, what happens with those who run afoul of the law or don't use common sense, enforcement and the consequences of possibly doing nothing with the current ordinance. He asked legal counsel what the implications of doing nothing might be, Page 3 of 10 C1—Pg3 mrMIL I I, ,cu 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CiVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Nick Ghirelli, Assistant City Attorney clarified that with respect to the blight issue: they are allowed 9 sign per side of the block. So technically 2 per block. Ms. Cook confirmed that there could be numerous signs from different companies on one block. She said She also confirmed there is no procedure for them to register or permit in any way_ She said the only signs being removed now are those posted on city structures and/or those in poor/dilapidated condition and she confirmed that profane or unlawful signs will be removed. She confirmed that none have been removed up to this point relative to content. Mr Ghirelli spoke to the "doing nothing" option by indicating the consequence is what Community improvement deals with now as staff does not feel it appropriate to enforce the sign ordinance because the current ordinance creates a prohibition on many types of signs and then creates categories of signs with special rules — it raises a threat of an unequal scenario and could expose the City to liability. He said for example. the big one is extra permission given to real estate signs. He said currently, if staff removes a real estate sign and not a political sign then it creates a problem of fairness. Commissioner Munoz confirmed that safety and the line of site trumps all other concerns regardless of the sign. Ms. Cook confirmed that is correct Mr. Ghirelli confirmed that the city has a compelling duty to protect the public safety Commissioner Munoz surmised that the concern is not so much about enforcement, we are trying to correct the language. He thought if all the businesses put out signs it would create blight. He asked how we control that if content neutrality is an issue_ Ms. Cook noted we still have limits/rules in place (one per block limited to 12 for example) in addition to the content neutrality e.g. the one sign per block rule is in place so multiple sign blight would not be occurring. She said we would probably not see every business purchasing many signs and putting them out and removing them for 60 or 90 days. We may have unintended consequences, but we can deal with that if it arises. Chairman Oaxaca asked what if all businesses in a strip mall decided to put out a sign -the result would be blight_ Page 4 of 10 C1—Pg4 rlrMiL 1 1, ALU 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Ms. Cook referred to a slide in her PowerPoint. No signs within 200 feet of a business location or complex would be allowed_ Chairman Oaxaca asked about provisions in our sign program conditions that help with this, Ms Cook noted those are all on private property. This ordinance is just for signs in the public right of way_ Chairman Oaxaca asked about notification requirements, related possible liability and managing the frequent violators. Ms. Cook said that notification was considered but it would be arduous to monitor through that vehicle. She said also some individuals or groups practicing free speech might feel constrained about noting their phone, name etc on some sort of City notification_ For violators we start with a kind request, then an administrative citation and then for those who really don't comply we can do a civil injunction or criminal filing -these are tools that could be used if necessary. Chairman Oaxaca noted the sought -out balance of free speech rights and city rules, Ms. Cook said there is specific due process for violations -an administrative hearing and a review by the Superior Court !f it is pursued beyond that Mr. Ghirelli reminded the Commission they can qualify their recommendation with comments or suggestions for changes to the Council_ Moved by Wimberly seconded by Macias carried 5-0 to adopt the Resolution recommending approval of Municipal Code Amendment DRC2018-00177 by the City Council as presented by staff. D2. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00084 — DEDEAUX PROPERTIES, LLC —A proposal to construct a 56,560 -square foot building for office, storage, freight handling, shipping, trucking services and terminals on an 11.82 -acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item was originally advertised, heard and continued from the Planning Page 5 of 10 C1—Pg 5 MrMIL 11, ACV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commission meeting of February 14, 2018 and re -advertised for the April 11, 2018 meeting date. D3. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT DRC2017-00800 — DEDEAUX PROPERTIES, LLC — A proposal to remove a total of two (2) heritage trees and twenty-seven (27) non -heritage trees in conjunction with a proposed industrial project to construct a 56,000 -square foot building for storage. freight handling, shipping, trucking services and terminals on an existing 11.82 acre site located within the Heavy Industrial (HI) District at the northwest corner of the Burlington Northern Santa Fe railway and Etiwanda Avenue at 8822 and 8768 Etiwanda Avenue - APNs: 0229-131-15, -16 and -26. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item was originally advertised, heard and continued from the Planning Commission meeting cf February 14, 2018 and re -advertised for the April 11, 2018 meeting date. it was noted items D2 and D3 would be heard together as they are related Dominick Perez: Associate Planner gave the staff report and PowerPoint presentation (copy on file). Chairman Oaxaca opened the public hearing. Ben Horning, Director of Development for Dedeaux Properties said it was a pleasure working with staff for the last year. He said they are excited to get it built. Chairman Oaxaca closed the public hearing. Commissioner Guglielmo asked how does the traffic flow work is there a "suicide lane" for trucks to pull into. Albert Espinoza, Assistant City Engineer said this was a concern for us as well because of the short distance from the southerly driveway to the railroad tracks just to the south and was another reason why this had to be addressed_ He said the movements will be limited to the northerly driveway for inbound truck traffic and the southern drive is for outbound truck traffic only. There are fewer limitations on cars/employee vehicles when accessing/exiting the site. Chairman Oaxaca said the DTSC mentioned potential for underground storage tanks He asked if there was evidence of that. Page 6 of 10 C1—Pg6 P%I-MIL 1 1 , LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mr. Perez said there were underground tanks and the removal of them was verified. There was a regulatory closure in 1998 but the DTSC determined no further assessment is necessary. Commissioner Munoz said the project is straightforward, looks good and will improve the area - he offered his support. Commissioner Wimberly concurred and offered congratulations to the applicant for working through the concerns. Commissioner Guglielmo concurred and said it is a good design and functional site_ Commissioner Macias agreed that it is a good project. Moved by Macias, seconded by Wimberly, carried 5-0 to adopt the Mitigated Negative Declaration of environmental impacts and the Resolutions of Approval for Design Review DRC2017-00084 and Tree Removal Permit DRC2017-00800. D4. DEVELOPMENT AGREEMENT DRC2015-00118 - CITY OF RANCHO CUCAMONGA - A review of a proposed Development Agreement between the City of Rancho Cucamonga and SC Rancho Development Corp_ and Empire Lakes Holding Company, LLC, for a previously approved mixed use, high density development (Empire LakesfThe Resort) in Planning Area 1 (PA1), a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan; APNs: 0209-272-20, 0210-082-91 through 93. Related files: General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015- 00040, and Development Code Amendment DRC2015-00115. An Environmental Impact Report (EIR) (SCH No. 20150410083) and Mitigation Monitoring Reporting Program (MMRP) was reviewed and certified by the City Council on May 18, 2016. Section 15162 of the California Environmental Quality Act provides that no further environmental review is required for a previously certified EIR or for subsequent projects within the scope of a prior EIR. The Development Agreement is a contract governing timelines, terms, and conditions regarding development of Empire Lakes/The Resort and does not raise or create new environmental impacts that were not previously contemplated in the EIR. This item will be forwarded to the City Council for final action. Page 7 of 10 C1—Pg7 Mr -MIL I I, Lu 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mike Smith. Senior Planner, gave the staff report and PowerPoint presentation (copy on file) Nick Ghirelli, Assistant City Attorney noted an option of a second. 3 -year extension if 9600 units are built, Chairman Oaxaca opened the public hearing. Bill Kennedy, representing the Lewis Development/SC Rancho Development Corp and Empire Lakes Holding Company, LLC said it has been about 2 years since the initial approval of the specific plan. He said they are happy with the agreement and accept the terms and conditions and asked for the Commission recommendation. Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. Commissioner Macias said it is a great project and he understands the agreement. Commissioner Wimberly concurred and offered a second Commissioner Gughelmo had no additional comment. Commissioner concurred and said he fully supports it Chairman Oaxaca agreed_ Moved by Macias, seconded by Wimberly, carried 5-0 to adopt the Resolution Recommending A roval bv the City Council for Development Agreement DRC2095-009 9 8, F. COMMISSION BUSINEWHISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Commissioner Munoz reported he and Commissioner Guglielmo attended a successful training in Monterey. He said he is pleased that the City of Rancho Cucamonga helps to train hundreds of commissioners across the state, Chairman Oaxaca noted it was time well spent and thanked the City and staff for their support of the Commission. Page 8 of 10 C1—Pg8 r%r'RIL 1 1! AL 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA COMMISSION ANNOUNCEMENTS: Ni - G. ADJOURNMENT 8:10 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 April 5, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. -dX Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga 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 Page 9 of 10 C1-Pg9 APRIL 11, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 Commrssion 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_ Ali' 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 10 of 10 C1—Pg10 REPORT DATE: May 9, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Candyce Burnett, City Planner SUBJECT: ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND GENERAL PLAN AMENDMENT DRC2017-00969 - CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC.— A request to modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Residential Land Use Area by 95 units and to increase the maximum number of residential units in the Residential/Mixed Use Main Street Land Use Area by 95 units. The General Plan amendment affects property within the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Victoria Gardens Master Plan Amendment DRC2017-00971, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 - CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC.- A proposed amendment to the Victoria Gardens Master Plan (VGMP) to rezone a vacant 5.33 acre parcel (APN: 109053106) located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive, from Residential to Civic/Parking Area and modifying various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area, within the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND DEVELOPMENT AGREEMENT AMENDMENT DRC2017-00970 — CITY OF D1—D4 Pg1 PLANNING COMMISSION STAFF REPORT VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 2 RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC. - A proposed fourth amendment to Development Agreement DA01-02 to incorporate General Plan Amendment DRC2017-00969 and Victoria Gardens Master Plan Amendment DRC2017-00971 into the vested rights applicable to the Victoria Gardens Mall, to facilitate the timing and development of a public safety facility on a vacant 5.33 -acre parcel (APN: 109053106) located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive. The Development Agreement Amendment affects property located within the Victoria Gardens Mall area located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-00971 and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND TENTATIVE PARCEL MAP SUBTPM19963 - CITY OF RANCHO CUCAMONGA AND RANCHO MALL NE, LLC.- A request to subdivide a 5.33 acres lot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 -acre parcel for a future parking lot and/or parking structure (APN: 109053106), located generally north of the Victoria Gardens Cultural Center on the north east corner of Arbor Drive and Cultural Center Drive in the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Victoria Gardens Master Plan Amendment DRC2017- 00971, RECOMMENDATION: 1. Staff recommends the Planning Commission adopt the attached Resolution approving Tentative Parcel Map SUBTPM19963; and 2. Staff recommends the Planning Commission adopt the attached Resolutions recommending the City Council adopt the addendum to the Environmental Impact Report SCH No. 2001031028 (EIR) and Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR) and approve each of the following: a) General Plan Amendment DRC2017-00969; and b) Victoria Gardens Master Plan Amendment DRC2017-00971; and c) Development Agreement DRC2017-00970 D1—D4 Pg2 PLANNING COMMISSION STAFF REPORT VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 3 PROJECT SITE DESCRIPTION AND BACKGROUND: The 174 -acre site is currently developed with the Victoria Gardens Mail consisting of approximately 1,171,740 square feet of Commercial/Office uses, approximately 90,850 square feet of Civic uses, and 215 dwelling units with an additional 95 dwelling units approved but not yet constructed. Current uses include an open-air mixed-use complex, compatible blend of major retail tenants, specialty commercial uses, restaurant and entertainment venues, Civic uses, office uses, residential dwellings, and community facilities. The existing land uses and General Plan land use and zoning designations for the project site and the surrounding properties are as follows: PROJECT BACKGROUND: Zonin Mixed Use VGMP Victoria Arbors and Victoria Planned Community VGMP and Regional Related Office/Commercial. Medium Residential -Etiwanda Specific Plan, and Regional Related Commercial Victoria Arbors and Victoria Planned Communitv The City and Rancho Mall, LLC (owner of the Victoria Gardens shopping center, are joint applicants for the proposed project, which include a General Plan amendment, a Victoria Gardens Master Plan Amendment, a Development Agreement Amendment, and a Tentative Parcel Map, and related approvals to provide for development of a public parking structure and police substation on a vacant 5.33 -acre parcel owned by the City in the northeasterly portion of the Master Pian area generally located north of the Victoria Gardens Cultural Center on the north- east corner of Arbor Drive and Cultural Center Drive. The public parking facility and police substation would serve the City's adjacent Cultural Center, the Victoria Gardens shopping center, and surrounding areas. The public parking facility would initially consist of a surface parking lot consisting of 506 parking spaces and, eventually, a two-level parking structure (ground floor plus a single deck level above) providing a maximum of up to 869 total parking spaces, of which approximately 30 spaces would be dedicated for use by the police substation. The public parking facility would serve development already anticipated and planned under the Master Plan. The subject parcel had previously been approved by the City under the Master Plan for development with a 95 -unit, three-story residential project. The project site is currently undeveloped with the exception of graded residential pads, curb, gutter and roadways, and underground utilities to accommodate the previously planned 95, three-story residential units associated with the original project. The proposed Master Plan amendment would change the D1—D4 Pg3 Land Use General Pian Site Mostly Vacant (previously Mixed Use ap roved for 95 lots)_ Mixed Use North Winery and single-family residential development Main Street and Route 66 South Areas of the Victoria Gardens Mixed Use Mall East The Bass Pro Shop and the I- Mixed Use 15 Freeway West Multi -family residential units Mixed -Use PROJECT BACKGROUND: Zonin Mixed Use VGMP Victoria Arbors and Victoria Planned Community VGMP and Regional Related Office/Commercial. Medium Residential -Etiwanda Specific Plan, and Regional Related Commercial Victoria Arbors and Victoria Planned Communitv The City and Rancho Mall, LLC (owner of the Victoria Gardens shopping center, are joint applicants for the proposed project, which include a General Plan amendment, a Victoria Gardens Master Plan Amendment, a Development Agreement Amendment, and a Tentative Parcel Map, and related approvals to provide for development of a public parking structure and police substation on a vacant 5.33 -acre parcel owned by the City in the northeasterly portion of the Master Pian area generally located north of the Victoria Gardens Cultural Center on the north- east corner of Arbor Drive and Cultural Center Drive. The public parking facility and police substation would serve the City's adjacent Cultural Center, the Victoria Gardens shopping center, and surrounding areas. The public parking facility would initially consist of a surface parking lot consisting of 506 parking spaces and, eventually, a two-level parking structure (ground floor plus a single deck level above) providing a maximum of up to 869 total parking spaces, of which approximately 30 spaces would be dedicated for use by the police substation. The public parking facility would serve development already anticipated and planned under the Master Plan. The subject parcel had previously been approved by the City under the Master Plan for development with a 95 -unit, three-story residential project. The project site is currently undeveloped with the exception of graded residential pads, curb, gutter and roadways, and underground utilities to accommodate the previously planned 95, three-story residential units associated with the original project. The proposed Master Plan amendment would change the D1—D4 Pg3 PLANNING COMMISSION STAFF REPORT VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 4 designation of the Parcel from Residential to Parking/Civic Area. Under the proposed Master Plan amendment, residential uses would no longer be allowed on the parcel. The 95 residential units would be added to the Main Street Area in order to preserve the overall existing dwelling unit cap under the Master Plan (600 units). The Tentative Parcel Map would subdivide the NE Parcel into two parcels to create an approximately 1 -acre parcel for a single -story police substation bui-Iding of up to 10,000 square feet of building area. The remainder 4.3 -acre parcel would be for the surface parking lot and future two-level parking structure. The parcel's airspace was previously subdivided by way of a 95 -unit condominium map; TR 17840 that will be merged by way of the proposed Tentative Parcel Map. Previous Approvals: The Victoria Gardens Master Plan and associated Environmental impact Report were approved on February 20, 2002 for the development of 600 residential units and approximately 2.45 million square feet of Commercial/Office space, Civic uses, and associated infrastructure. The idea was to create a "new downtown" consisting of an open-air mixed-use complex, including a compatible blend of major retail tenants, specialty commercial uses, restaurant and entertainment venues, office uses, residential dwellings, and community facilities, mimicking the traditional "Main Street." The project was designed with interesting streetscapes, individually designed storefronts, wider sidewalks, street furniture, and landscaping including pocket parks. Second -story office space is built above portions of some retail uses to accommodate professional uses (medical/dental offices, accountants, lawyers, etc,). There are a variety of sit-down restaurants, cafes, and coffeehouses as well as civic and cultural uses that include a library, community playhouse, performing arts theater, and community center. Additionally, the area located between Foothill Boulevard and Victoria Gardens Lane has been developed with fast food uses, automobile service station(s), restaurants, and retail uses, and is oriented toward vehicle traffic. On May 6, 2009 the City certified a Final Supplemental Environmental Impact Report (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. ANALYSIS: The primary objectives of the Proposed Project are to provide additional public parking within the Master Plan area convenient to adjacent Cultural Center and shopping center destinations, and to allow for future replacement of the existing police substation at Victoria Gardens with a larger public safety building of up to 10,000 square feet, The proposed amendments are discussed in greater detail below. A_ General Plan Amendment -The proposed General Plan Amendment is to address the location of residential development within the planning area of the Victoria Gardens Master Plan and to add the Civic/Parking Area as a Land Use by amending Table LU -2 Victoria Gardens/Arbors D1 —D4 Pg4 PLANNING COMMISSION STAFF REPORT VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 -- CITY OF RANCHO CUCAMONGA May 9, 2018 Page 5 Land Use Mix. Specifically, this amendment adds the Civic/Parking Area Land Use category as a new land use to the Table and the associated parcel size for the public parking lot/structure and police substation of an approximate 5.33 -acre project site to the proposed acreage_ This will reduce the number of acres in the Residential Land Use by 5.33 acres. A proposed amendment to the Victoria Gardens Master Plan will rezone the 5.33 -acre parcel to Civic/Parking Area in the master plan from Residential Area. Additionally, the application proposes to reduce the maximum number of dwelling units within the Residential area by 95 units and would increase the maximum number of dwelling units within the Main Street area by 95 units. If the application is approved, the new total number of dwelling units allowed within the Residential area would be 987 units and within the Residential/Mixed Use Main Street area would be 3B5 units. The following table identifies the proposed changes to Table LU -2 Victoria Gardens/Arbors Land Use Mix. B. Victoria Gardens Master Plan Amendment - The requested amendment to the master plan neither increases nor decreases the amount of residential and commercial development that would be allowed in the project area. Rather, the proposed amendments are intended to allow the owners greater flexibility to construct the remaining number of dwelling units and D1—D4 Pg5 • Acreage Range Density (du)arre7 Estimated "Most Case" Acres/Dwelling Units Land Use (du) • Dwelling Unit Range Current Proposed Current Proposed Commercial — retail. service commercial, office, 99-209 acres 99-220 acres 222 acres 220 acres tourist commercial 77-153 acres @ 77-148 acres @ 98 acres @ 93 acres @ Residential 14 dulacre 14 dulacre 14 dulacre 14 du/acre- 788 to 1,852 du 788 to 1,757 du 1,082 du 987 du Civic/Parking Area 5.33 Acres NIA 5.33 Acres NIA (new land use 0 dulacre category) Residential/Mixed Use Main Street 3-21 acres @ 3-21 acres @ 3 acres 5 acres Area 14-100du/acre 14-100 dulacre 100 dulacre 100 dulacre 290 du 385 du 290 du 385 du B. Victoria Gardens Master Plan Amendment - The requested amendment to the master plan neither increases nor decreases the amount of residential and commercial development that would be allowed in the project area. Rather, the proposed amendments are intended to allow the owners greater flexibility to construct the remaining number of dwelling units and D1—D4 Pg5 CO,.�ih[SSION S 7 AFF= REFOR T VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 -- CITY OF RANCHO CUCAMONGA May 9, 2018 Page 6 undeveloped commercial office/retail space and to allow for the most efficient use of available land area within the VGMP project area. Text amendments are proposed to rezone the existing 5.33 -acre parcel located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive from Residential to Civic/Parking Area and modifying various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area from the Residential Area. Summary of Proposed Amendments to the VGMP- The following is a summary of the proposed changes that are being recommended for the project. Additional typographic and grammatical error corrections are not included in the summary of proposed changes but were made to the document- Any additional spelling, grammatical and formatting errors that are discovered will be corrected prior to City Council. A number of Figures were amended to address the zone change from Residential Area to Civic/Parking Area and to provide a conceptual parking lot/structure layout. A list of the Figures and a full summary of the amendments are attached to the staff report (Exhibit C). Master Pian 2 — 2. The Master Plan 2.2d Civic/Parkin Area- This is new language that was added to the master plan to describe the new Civic/Parking Area zoning location and proposed use. Design Guidelines 3- 3. Design Guidelines 3.1c Residential and Institutional Corners- New language was added to this existing section to address the addition of the police substation. 3.2d CommunityBuild ing(s)- New language was added to this existing section to address the addition of the police substation. Development Standards 4- 4. Development Standards 4=1e Civic/Parking Area Amendments were made to this existing section to address the 95 residential units that are reallocated from the Residential Area to the Main Street Area and to address the Civic/Parking Area with the police substation. 43 Land Uses- A new column was added to the Table of Uses to add the Civic/Parking Area and a new use created under number 45. Transportation facilities c. Parking lots/structures. 4.5e Civic/Parking Area This is new language that was added to the master pian to describe the new Civic/Parking Area buiiding heights and setbacks. 4.6d Parking/Civic Area -Vehicular Access- This is new language that was added to the master plan to describe the new Civic/Parking Area vehicular access to the site. 4.7c Pafkino- This is new language that was added to the master plan to describe the new Civic/Parking Area parking standards - D 1—D4 Pg6 VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00979 — CITY Or RANCHO CUCAMONGA May 9, 2018 Page 7 4.9b Residential Development Requirements- Amendments were made to this existing section to add clarity and address residential units in the Main Street Area. C. Development Aareement Development Agreement DA01-02 was originally entered into by the City and the original property owner at the time the City approved the original Victoria Gardens Master Plan. The purpose of the Development Agreement was to grant the applicant vested rights to develop the Victoria Gardens Master Plan area in accordance with the rules and regulations then in place for property. The Development Agreement has since been amended three times by mutual agreement of the parties. Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens -C, LLC's interest in Victoria Gardens. The most recent amendment (third Development Agreement Amendment) was part of the entitlements in 2009 to incorporate the amendments to the General Plan, Victoria Community Plan, Victoria Arbors Master Plan, and Victoria Gardens Master Plan to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. The proposed fourth amendment to the Development Agreement would incorporate the proposed amendments to the General Plan and Victoria Gardens Master Plan so that these amendments will become part of the `Project Approvals" and "Applicable Regulations" as those terms are defined in the Amended Development Agreement and thereby convey to the Owner a vested right to develop Victoria Gardens in accordance with these amendments. Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. 2. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. 3. Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement (Attachment A of the Draft Resolution) for the Project will ensure that the above three goals are fulfilled. The Agreement includes the following major terms: D1—D4 Pg7 PLANNING COMMISSION STAFF REPORT VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 8 • Vested rights to develop in accordance with existing planning regulations, including the Victoria Gardens Master Plan, during the agreement's term; A requirement to set forth the timing and process for the construction of the proposed public safety facility shell on land currently owned by the City within the Victoria Gardens Master Plan area. In lieu of construction the public safety facility the applicant may provide funds to the City equal to 125% of the construction cost. The public safety facility shell is expected to be used as a police substation and for other public safety and civic activities; and • A requirement that if the public parking facility is not built the City can amend the General Plan and Master Plan to relocate the 95 residential dwelling units at the expense of Rancho Mall, LLC, and Rancho Mall NE, LLC. Many of the remaining terms are typically included in Development Agreements entered into by the City. Additionally, a requirement to enter into a lease agreement to construct and operate a public parking lot (surface parking lot and/or parking structure) on a parcel owned by the City has been negotiated and will be reviewed by the City Council. D. Tentative Parcel Map; The application proposes to subdivide the 5.33 -acre project site into two (2) parcels of land. One parcel will consist of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 acres for a future parking lot and/or parking structure. The parcel was previously approved for a 95 -unit condominium development and is mostly vacant with minimal infrastructure improvements. The Subject Property is being subdivided for the development of 2 parcels for public use in association with the Cultural Center, Public Safety facility and parking lot for the Mall, (Exhibit D) E. Neighborhood Meeting: The City and Rancho Mall, LLC, and Rancho Mall NE, LLC. held a neighborhood meeting in the Celebration Hall at the Victoria Gardens Cultural Center on April 16, 2018, with approximately 20 persons in attendance (10 residents and 10 staff and consultants), City staff, Rancho Mall, staff and the architect provided an overview of the project and fielded questions. The questions were mostly directed towards the technical details of the future project for the parking lot/structure and not specific to the proposed project amendments but included general questions regarding traffic, location of driveway exits, design of parking lot and structure, shifting of 95 residential units, and timing of the construction of the parking lot/structure. Staff and the team answered all questions from the public regarding these issues. Additionally, staff added clarification regarding the proposed project vs the future parking lot entitlements, the 2009 approvals to shift residential units and the location of those units, and impacts analyzed in the addendum based on questions we received during the meeting. F. AB52 Tribal Consultation: California Assembly Bill 52 (AB52) requires that the City send project notification to interested California tribal communities when a project requires an Environmental Impact Report, Mitigated Negative Declaration or Negative Declaration. In accordance with AB52, on January 23, 2018 notifications were sent to Native American communities who requested to be notified (per AB52) to determine interest in engaging in 131—D4 Pg8 VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 -- CITY OF RANCHO CUCAMONGA May 9, 2018 Page 9 consultation related to the potential impact to cultural resources as a result of the project (Exhibit E). On January 24, 2018 the City was contacted by the San Manuel Band of Mission Indians (SMBMI) who expressed that "although the project is located within the Serrano ancestral territory," the Tribe had no conflicts with the project and therefore did not request formal consultation. On January 25, 2018 the City received an email and letter from the Gabrieleno Band of Mission Indians-Kizhnation requesting formal consultation as they felt the project may have adverse impacts to cultural resources. The City of Rancho Cucamonga staff held a formal consultation with the Tribe over the phone on March 14, 2018. During the consultation it was determined that because of the previous grading activities done on site by the previous developer Shea Homes, any cultural resources that would have been present prior to grading would have been removed or destroyed. It was agreed that if the development of the site for the surface parking lot/parking structure required additional grading beyond removal of the existing infrastructure deeper than was previously excavated, the City would reopen consultation with the Tribe. The Consultation period closed April 28, 2018. No additional correspondence was received or requested for consultation with any other Tribe. G. Environmental Assessment: Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. On February 20, 2002 and in accordance with the California Environmental Quality Act (" CEQA" ), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement of Overriding Considerations found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Pian, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits outweighed the significant and unavoidable impacts identified in the SEIR. D1—D4 Pg9 PLANNING COMMISSION STAFF REPORT VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 10 Under CEQA Guidelines Section 16164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances under which the project would be undertaken but which don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts had been completed to further analyze impacts related to recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. Additionally no substantial changes to the original project or the circumstances surrounding the original project have occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, no new information has come to light that was known or could have known at the time the EIR and SIER were adopted, and the addendum to the EIR and SEIR complies with the requirements of CEQA and that no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. FISCAL IMPACT: The Victoria Gardens Mall continues to be a successful mixed-use shopping center and entertainment district. The applications will allow the continued development within the mall with the additional public safety facility and future parking lot and/or parking structure_ These facilities are expected to support not only the Mall but the Victoria Gardens Cultural Center. Additionally, by allowing flexibility for the residential units to be built within the Main Street Area it will continue to promote the unique mixed-use lifestyle opportunities that the General Plan supports. This will further the success of the mall thereby adding other economic benefits. The availability of new housing opportunity allows businesses to grow by providing additional housing for new and existing workers. Providing these housing opportunities in close proximity to the City's business will facilitate an environment where individuals who work in the community will also reside in it, and support existing businesses. Due to the transit- and pedestrian -oriented approach of the project, environmental costs are lowered and a healthier environment is created The proposed Development Agreement will facilitate the development of the Project and assist in achieving the fiscal benefits for the public safety facility with the associated amendments to the General Plan and Master Plan_ Also, there will be annual revenue generated from, for example, property tax, sales tax, fees, and assessments, and the costs for government services including, for example, police, animal care, community development, public works, and other general government functions. The project 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. D 1—D4 Pg 10 PLANNING COMMISSION STAFF REPORT VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 11 COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the project, the project is consistent with the goals and policies of the General Plan and the objectives of the Victoria Gardens Master Plan. The Land Use element within the General Plan (Chapter 2) encourages infill development that facilitates sustainable and attractive development that complements the surrounding neighborhood. The proposed project facilitates the continued development within the master plan area and encourages more sustainable development that offers opportunities for people to live close to work, play and near transit stops. The application anticipates the future development of residential units within the mail and proposes to shift the location within the Main Street Land Use Area. Additionally, the application proposes to allow the future development of a public parking lot/structure and police substation within a new land use category of the master plan area (Civic/Parking Area), uses permitted in the Victoria Gardens Master Plan. CORRESPONDENCE: This item was advertised as a public hearing 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. No comments and/or correspondence have been received in response to these notices. EXHIBITS: Exhibit A — Location Map Exhibit B — Aerial Photo Exhibit C — Victoria Gardens Master Plan Summary of Amendments Exhibit D — Tentative Parcel Map 19963 (corrected copy attached) Exhibit E — Tribal notification Draft Resolution Recommending Approval of General Plan Amendment DRC2017-00969 Draft Resolution Recommending Approval of Victoria Gardens Master Plan Amendment DRC2015- 00971 Draft Resolution of Approval for Development Agreement DRC2015-00118 with proposed Development Agreement (Attachment A of the Resolution) Draft Resolution of Approval for Tentative Parcel Map SUBTPM19963 CB:Is D1—D4Pg11 THIS PAGE INTENTIONALLY LEFT BLANK D1 --D4 Pg 12 r4 9 s5rc7tx:i = ykt,� `II!tk. �•'r' II '•h � : '�� t.'.. 4 3�7k� .. -t -ti'y.s ,.. : ''_cam I41t1 ., . - SOI ' [LU - .� +^ rRk � ' ' k �• x ��-�, yyil- M1•r 5'.irY." i . r { � ` i fr:. v� .� 5 �I .YI'' � ' .�1t� .4a R{ -i T;K- .. `�► `° �'�� 1 • , tl' .lig' ` Y �I*r r.'11 ,�A+. 1' '�1';� f L� •�• L :+ � ya �I M1.r �4 �� , } R I .. y � .-� 10 }, y :Cry I ti r 5 5 ' r r k � � I' • � � . t 3 i Pr'r .,'� Jj111jj � � - g IM r.�. r:. � . �' "' p•wt tet', A Alt ' l Los Angeles San no :1 County r. �4�,��• \�►gnu '. - ti �� r .%•'�I#'f—� Prict AN Fr, R■].�. •Sk�r��7H�h lift! ����,. {' � r�. '.�i�•-.-,`�: _�.# � � ice" �. t '� �----�.�;:�w■rn�:�41I��!1�1�3 ��.uw�i.Lrl ��� � ' - C .�� i.J _ YG :111' IG -111 OL L I ;k Di r -S "Dr r j J6 nal Or' 4-z.. 11 Umvflb�r-AIW 1,--. Cultural C(Ifliff'.1 , 011m t r) AMC, A ,-Foreve r4 4 Y Lucille s'Smokehouse Kabuki Japanese California Pizza Kitchen Oria Marden L r, iMil ardens a Ct s 3 71tv i C; �__ Cot on n — r ��Z � ftrb � Bass Pro Victoria Gardens Master Plan Summary of Amendments Figure 2-3 Figure 2-4 Figure 2-10 Figure 2-14 Figure 2-38 Figure 2-45 Figure 2-46 Figure 2-47 Figure 2-63 Figure 2-64 Figure 2-65 Figure 2-66 Figure 2-67 Figure 2-68 Figure 2-70 Figure 2-71 Figure 4.1 Figure 4-2 Figure 4.3 Figure 5.4 Master Plan 2 — 2. The Master Plan 2.2d Civic/Parking Area This is new language that was added to the master plan to describe the new Civic/Parking Area location and proposed use. This area, which is on the north side and east of the Residential Area, contains public parking and a public safety facility. Design Guidelines 3- 3. Design Guidelines 3.1c Residential and Institutional Corners- New language was added to this existing section to address the addition of the police substation. Residential and possible institutional buildings, such as the police substation, at the corners on Arbor Lane should be built at the Permissible Building Area lines in order to help make the transition from the more residential areas to the civic and commercial areas of Victoria Gardens. 3.2d CommunityBuildina(s)- New language was added to this existing section to address the addition of the police substation. The planned community building and other community buildings such as the police substation have a relationship to both the commercial and residential uses on the site. Development Standards 4- 4. Development Standards 4.1e Civic/Parking Area Amendments were made to this existing section to address the 95 residential units that are reallocated from the Residential Area to the Main Street Area and to address the Civic/Parking Area with the police substation. 4.1e Civic/Parking Area, bounded by Church Street, Merlot Street, Arbor Lane, and Beaujolais Street. Main Street Area: 2,128,800 sf Commercial/Office/Hotel 90,850 sf Civic 385 dwelling units Residential Area: 215 dwelling units Route 66 Area: 95,700 sf CommerciailOffice EXHIBIT C D1—D4 Pg15 Eastern Area_ 185,500 sf Commercial/Office Civic/Parking Area 10,000 sf Civic Surface parking lot of 506 parking space or Surface parking and two- level parking structure with 869 parking spaces 4.3 Land Uses- A new column was added to the Table of Uses to add the Civic/Parking Area and a new use created under number 45. Transportation facilities c. Parking lots/structures. 4.5e Civic/Parkin Area- This is new language that was added to the master plan to describe the new Civic/Parking Area building heights and setbacks. Building and parking structure heights within the Civic and Parking area shall be limited to 30 feet in height in order to provide for a two level parking deck. Minor encroachments of up to 15 feet above the 30 foot height limit may be permitted for architectural features such as towers and spires_ For accessory structures such as mechanical rooms, etevator shafts, etc- the encroachment may be permitted but shall not exceed the height necessary for the structure to function as required by the Building Code. The maximum height of any light pole (measured from the bottom of the concrete base to the top of lamphead) when installed on the top deck of the parking structure shall be 15 feet. The maximum height of any screen wall on any part of the parking structure shall be 6 feet. Setbacks shall be 10 feet from curb face for all interior private streets and shall be 35 feet from curb face from Church Street. Minor encroachments into the setbacks of up to 10% may be permitted with a minor exception. 4.6d Parking/Civic Area -Vehicular Access- This is new language that was added to the master plan to describe the new Civic/Parking Area vehicular access to the site. Vehicular access to the Civic/Parking Area is provided via one (1) full movement signalized intersection at Church Street and Arbor Lane and one (1) full movement side - street STOP controlled intersection at Church Street and Pavillion Gardens Place (Private). The area has a total of three (3) driveway entrances located on Arbor Lane, Cultural Center Drive (private), and Pavillion Gardens Place (private). All three (3) driveways are anticipated to provide access to Parking uses and the driveway on Arbor Lane will provide access for the Civic uses. 4.7c Parking- This is new language that was added to the master plan to describe the new Civic/Parking Area parking standards. The maximum amount of parking permitted in the Civic/Parking area, depending on the type of parking facility in use, shall be as follows: Surface Parking Lot: 506 spaces Two -Level Parking Structure: 869 spaces D1—D4 Pg16 4.9b Residential Development ReQuirements- Amendments were made to this existing Osection to add clarity and address residential units in the Main Street Area. The intent of these residential standards is to provide an overlay mix of residential within the existing and future commercial uses at Victoria Gardens. To accomplish this while providing flexibility of design, two development options are offered: • Mixed -Use Residential Development. The proposed development shall provide for both residential uses and commercial use (either retail, office or hotel) in a single building. • Full Residential Development. The proposed development site shall provide for residential use. D1—D4 Pg 17 Co C M= m` L c Z I� L CQ � C 1 i J' I U E L aaa1 F C 0 V• r cr) jK� r T H J � � cs'iJ Maui f9 9UM Lall C M1 4 •.e hl.i�6O CL Rc P 7 a��a yr]�f er� Jin JS' 10 UYC r zeCZ G ii � i ? �� Asas^qq-p r `"" fu zd p 9y�Y a? i y� 0� }u��� •. Q C -N +fr � Ski � �P U •L_�a UC, �� _ LLI aa =� 1. u �W F I If _ 3 �i-Y 1 � q � N � � /'rte////�ji�•���,\1� it dl 4 J J J. }6 ig B s P1^ f y££££s �i3SS g5'gNie- i w!s iE s99� �C? 9SRn }�11i. 93 gill i lie l � ShYI 1108lST °E EXHIBIT D; (CORRECTED) D4Py18 L 1 � r a. xs l cw r run;f cwra�+ra:o �� 49-anzs Y7! . tnts'cu a�rr. �•�� aaa1 F C cs'iJ Maui f9 9UM Lall l � ShYI 1108lST °E EXHIBIT D; (CORRECTED) D4Py18 L 1 � r a. xs l cw r run;f cwra�+ra:o �� 49-anzs Y7! . tnts'cu a�rr. �•�� 101 64 i7ina N) ■■ u u / ^ /3 r m i 1 3 6fao N AMID n 1 s k , - �� ■ fig'-v;� � I Ab 04 FI / ■ I I C gco z o / a I r lal 9 Lu x I 01 � � P 1 L -a-• . IOLo m I + PI a .rr c II I x C c�3 'd iy j r oroo¢ a ss roa Nnor I �y wig&' C14 uj I, 1 "' i J {�' ib ■l i I pas + Iq LL) iF zL� n ■ I la,r I 1 �+C6rF !nor ARM ArSCZ 3 JfSpa N . l 1u31us igVlu!) 1 m !`'�------- •Ir otc - 3�istu 3wi aoe¢• �` I �31�11 aoear y 1 $i - - t R q get g1� € � a .. Fj fill ' q � hada > - an � � ��R ISI 1 —9� lg� � 4� � � � g gig 1 w Vidgig I �� I V111 HIGH �� �� $� iso 0 0 HIM I � � � � D1—D4 Pg19 SIATF,= CAUEGRrna NATIVE AMERICAN HERITAGE COMMISSION Environmental and Cultural Department 1550 Harbor Blvd,, Sults 100 West Sacramento, CA 95891 (918J 3733710 January 10, 2018 Candyce Burnett City of Rancho Cucamonga Sent by E-mail: candyce.burnett@cityofrc,us Edmund. GL ©rown, .ir.,.Gnx&root RE- Proposed Victoria Gardens Master Plan Amendment Project, City of Rancho Cucamonga; Guasti USGS Quadrangle, San Bernardino County, California Dear Ms Burnett Govemme�it Code §65352.3 requires local governments to consult with California Native American tribes identified by the Native American Heritage Commission (NAHC) for the purpose of avoiding, protecting, and/or mitigating impacts to cultural places in creating or amending general plans, including specific plans. Attached is a consultation list of tribes traditionally and culturally affiliated with the area that may have cultural places located within the boundaries of the project referenced above. As a part of consultation, the NAHC recommends that local governments conduct record searches through the NAHC and California Historic Resources Information System (CHRIS) to determine if any cultural places are located within the area(s) affected by the proposed action. A record search of the Native American Heritage Commission (NAHC) Sacred Lands File was completed for the area of potential project effect (APE) referenced above with negative results_ Please note that the absence of specific site information in the Sacred Lands File does not indicate the absence of Native American cultural resources in any APE. Records maintained by the NAHC and CHRIS are not exhaustive, and a negative response to these searches does not preclude the existence of a cultural place. A tribe may be the only source of Information regarding the existence of tribal cultural resources. The list should provide a starting place to locate areas of potential adverse impact within the APE. I suggest you contact all I of those listed, if they cannot supply information, they might recommend others with specific knowledge By contacting all those on the list, your organization will be better able to respond to claims of failure to consult. If a response has not been received within two weeks of notification, the NAHC requests that you follow-up with a telephone call to ensure that the project information has been received. If you receive notification of change of addresses and phone numbers from tribes on the attached list, please notify me. With your assistance we are able to assure that our consultation list contains current information. If you have any questions, please contract me at my email address: gayle.totton@nahc,ca,gov. Sincerely, 4>� ayI otton, M.A., PhD. ss late Governmental Program Analyst 916) 373-3714 EXHIBIT E D1—D4 Pg20 EO Native American Heritage Commission Tribal Consultation List San Bernardino County 1110120118 Gabdeleno Band of Mission Pauma Band of Lulseno Indians Indians - Kizh Naflon - Pauma & Yulma Reservation Andrew Sales, Chadperson Temet Aguilar, Chairperson P.O. Box 393 Gabrleleno P.O. Box 369 Luiseno Covina, CA, 91723 Pauma Valley, CA, 92061 Phone: (626) 926 - 4131 Phone: (760) 742 -1289 gabdolenoindiana@yahoo.com Fax: (760) 742-3422 Gabrieleno/Tongva San Gabriel Band of Mission Indians San Fernando Band of Mission Anthony Morales, Chairperson Indians P.O. Box 693 Gabdeleno John Valenzuela, Chairperson San Gabriel, CA, 91778 P.O. Box 221838 Kltanemuk Phone: (626) 483 - 3564 Newhall, CA, 91322 Serrano Fax: (626) 286-1262 Phone: (760) 885 - 0955 Tataviam GTrdbalcouncil@aol.com tsen2u@hotmail.com Gabrlelino /rongva Nation San Manuel Band of Mission Sandonne Goad, Chairperson Indians 106 112 Judge John Also St., Gabdeiino Lee Clauss, Director of Cultural 9231 Resources Los Angeles, CA, 90012 26569 Community Center Drive Serrano Phone: (951) 807 - 0479 Highland, CA, 92346 sgoad@gabdellno-tongva.com Phone: (909) 864 - 8933 Fax, (909) 8643370 Gabrlelino Ton9va Indians of lclauss@sanmanuel-nsn.gov California Tribal Council Robert Dorame, Chairperson Serrano Nation of Mission P.O. Box 490 Gabrielino Indians Bellflower, CA, 90707 Goldie Walker, Chairperson Phone: (562) 761 - 6417 P.O. Box 343 Serrano Fax: (562) 761-6417 Patton, CA, 92369 gtongva@gmall.com Phone: (909) 528 - 9027 Gabrlelino-Tongva Tribe Charles Alvarez, 23454 Vanowen Street Gabriellno West Hills, CA, 91307 Phone: (310) 403 - 6048 madkingchades@aol.com Morongo Band of Mission Indians Robert Martin, Chairperson 12700 Pumarra Rroad Cahuilla Banning, CA, 92220 Serrano Phone: (951) 849 - 8807 Fax: (951) 922-8146 Thla 11sl Is current only as or the date of this document. Distribution of this list does not relieve any person of statutory rosponalblilly as defined In Sactlon 7050.6 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 6097.98 of the Public Resources Code and section 5097.96 of the Public Rescurrxs Code. This Iisf is only applicable for consultation with Native Mrerican tribes under Government Code Sections 05352.3 and 653624 at seq for the proposed Viclorla Gardens Master Plan Amendment Project, San Bernan0no County. PRO] -2018- 01/10/2018 09:25 AM 1 Of 1 000274 D1—D4 Pg21 CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DR RANCHOCOCAMON CA 917303301 RETURN RECEIPT (ELECTRONIC) 9214 8901 06615 IR ANDREW SALAS GABRIELENO BAND OF MISSION INDIANS-KIZH NATION PO BOX 393 COVINA, CA 91723-0393 ...... .. ....... .. ............................... .... ... ..................... ....... ......... - -------- I ................................... .... ft ..... .......... ............................ . ............ ---- ------------ ,,-,,,-t•.,€ -pec 9K. Ct:l , K! I! WRE ...... ....... ....... .......... . ......... ... . . ... . .......... . ......................... . .... . . . .......... cuf - W�b.zmr; m D1 -D4 Pg22 IMpbCortifieciftKabel v1-2,610 January 23, 2018 Ma' L. C-, . t ,i�w_ ,Mayor Pro "dem Lyn �e B. h,e--iery� Council Nlembers Vl '!ram). Atc.xander, $a,i, 5pagno!o, Dine City Manager John R. Gillison 10500 Civic Center Drive I P.O. Box 807 1 Rancho Cucamonga, CA 91729-0807 909.477.2700 1 www.GtyorRC,us CERTIFIED MAIL RECEIPT #-9214 8901 Qh6l 5400 0118 5121 1 Gabrieleno Band of Mission Indians-Kizh Nation Attn: Andrew Salas, Chairperson P.O. Box 393 Covina, CA 91723 Dear Mr. Salas; SUBJECT: Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project, Native Americans are important to the planning process, As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the O proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. EO PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). D1—D4 Pg23 SB18 TRIBAL CONSULTATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 PROJECT APPLICANT- Attn. Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have, Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNIN DEPARTMENT ox"-" lk Candyc urnett City Planner CB/jy Attachments: Aerial Photo of the Project Site • l agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • 1 agree that no further consultation is necessary due to the nature of the Project. Signature: D1 -D4 Pg24 EO W-1 07i OF RANCHO CU�A%IONGA 10500 ClVtC CIENTER DR RANCHO CUCAPAON, CA , C'RETURN RECEIPT (ELECTRONIC) 9214 89010661 5400 0118 512. 56 ANTHONY MORk-ES GABRIELENOITONGVA SAN GAosL BAND opMISSION INDIANS poBOX e93 mxmmAom|sL, CA 91778-0693 '--------------- --�]. .... .......' --------------- ..............................._--_-_ __-------_-__---'__-- ..__'____ __-_-_�� ....... ___.'_____-____' xm "i r�O [�1-�4�o�� '-----'����� January 23, 2018 '' " ` L. D_•I, 12.; or Pry, TE:m i_, ..i., . _.rr:cr, S-.. gyp-: - j'o, L7 City Manager john R. Gillison CERTIFIED MAIL RECEIPT #:.9_2_?,4 89D1 0661 ,L Ao.. o118 5121 5k San Gabriel Band of Mission Indians Anthony Morales, Chief P.O. Box 693 San Gabriel, CA 91778 Dear Mr. Morales: SUBJECT: Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL. PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). X D1—D4 Pg26 SB1S TRIBAL CONSULTATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 OPROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNIN DEPARTMENT Candyc urnett City Planner CB/jy Attachments: Aerial Photo of the Project Site • i agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • I agree that no further consultation is necessary due to the nature of the Project. Signature: D1—D4 Pg27 FL NN `-3 D=FA-M-'' 7 MY OF CENTER DR RANCHO C10500 UCAMON-CAM91730.3801 I RETURN RECEIPT JELECTRONIC) SANDONNE GOAD GABRIELINO/TONGVA NATION 106 112 JUDGE JOHN AISO ST N 231 LOS ANGELES, CA 90012-3805 9214 8901 0561 5400 0118 5122 93 ------------- i _ir rr.�s F@RA Gs� Ft C i;kRi • " Dl -D4 Pg28 WpbCertified8x5Label v1,2.6.0 101 January 23, 2018 �djor!.r7 i.:Ctil %IavorPro 7orn 1_2Y,_.,}= CoLncd:r eiimbers V.Y iarnj, r,�ed='i�ci, Sam Spaono;o, D'an-_- City Nianager john R. Gidison 10500 Civi: Center Drive I P.O. Box 807 1 Rancho Cucamonga, CA 91729-0807 1909.477.2700 1 www.CityofRC.us CERTIFIED MAIL RECEIPT #:9214. 890.1_06615400 0118 _512293 GabrielinolTongva Nation Attn: Sandonne Goad, Chairperson 106 112 Judge John Aiso Street #231 Los Angeles, CA 90012 Dear Ms, Goad.- SUBJECT: oad: SUBJECT: Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). D1—D4 Pg29 SB18 TRIBAL CONSULTATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 PROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNING DEPARTMENT Candy urnett City Planner CBljy Attachments- Aerial Photo of the Project Site • 1 agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • 1 agree that no further consultation is necessary due to the nature of the Project. Signature. D1—D4 Pg30 Ee U9 rel CITY OF RANCHO CLCAMONGA 10500 CIVIC CENTER OR RANCHO CUCAMON. CA 91730-3801 OETURN RECEIPT (ELECTRONIC) 9214 8901 0661 5400 0118 5123 47 ROBERT F DORAm::: GA13RIELINO TONGVA LNDIANS OF CALIFORNIA TRIBAL COUNCIL PO BOX 490 BELLFLOWER, CA 90707-0490 FA -9 Lol . ...... . ..... ....... .. . - ............. . ............ ............ . .... . ............. ........... . ............ . ........... . . ........ . ............... . .......... .. . ........................... ................... . . . . . . . ........ . ...... . ..... . ......... . ............. . ..... . IM pbCeWied8x5 Label vi.2.6.0 D1 -D4 Pg3l f-'Fyo- L, n ' '" s - .._ ' i.12yoi Pro Tem L jn-w S. Kerr]-.'/ ' Coincil F.' -mbcrs Ve - am J So -n S-a-ndo. Duni tir'`lii ams City Manaaer John R. Gilllson January 23, 2018 10500 Civ c Center Dr:ve I P.O. Box 807 ; Rancho Cucamonga, CA 91729-0807 1 909.477-2700 I www.Cityo{RC.uS CERTIFIED MAIL RECEIPT #;9214 89.91 0661 5400 0118 5123!L7 Gabrielino Tongva Indians of California Tribal Council Attn: Robert Dorame, Chairperson P -O. Box 490 Beliflower, CA 90707 Dear Mr. Dorame: SUBJECT- Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18. the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe- Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the Chy's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). Ee D1 --D4 Pg32 SB18 TRIBAL CONSULTATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 PROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNIN DEPARTMENT Candyce rnett City Planner CBfjy Attachments: Aerial Photo of the Project Site 1 agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • 1 agree that no further consultation is necessary due to the nature of the Project. Signature: D1—D4 Pg33 CITY OF RANCHO CRAMONGA 1 MO ClVrC CENTER OR RAKHO CLICAMON, CA 9173G.3801 9214 8901 0661 5400 0118 5124 08 RETURN RECEIPT (sLscTmomx:) CHARLES ALVAREZ 23454 VANOWEN S7 WEST HILLS. CA 91307-2439 '—' ......... ................ _' -- --_................. ...... _---- .................. c", �CSpvthr '-- . ...... . ......................... . ............... . ...... .... . . ................. Ee w%.6u i.}�up�_ _. L}=..r � i.:...._ �.:�.:or Fr070m L�.�� � B. f:ennr•�•� January 23, 2018 CERTIFIED MAIL RECEIPT #:9214 8901 0661 5400 0118 5124 08 Gabrielino-Tongva Tribe Attn: Charles Alvarez 23454 Vanowen Street West Hills, CA 91307 Dear Mr, Alvarez; SUBJECT: Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. O As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. if your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). D1—D4 Pg35 Si318 TRIBAL CONSULTA TION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 PROJECT APPLICANT: Attn. Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNING DEPARTMENT Candyce urnett City Planner CB/jy Attachments: Aerial Photo of the Project Site • 1 agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • 1 agree that no further consultation is necessary due to the nature of the project. Signature: D1—D4 Pg36 N Ee CITY OF RARdHO CU6AMonr3A 10500 ClVtC Cr:NTER DR RANCHO CUCAMON CA 91730-3801 CRETURN RECEIPT (ELECTRONIC) ROBERT MARTIN MORONGO BAND OF M;SSION INDIANS 12700 PUMARRA RD BANNING, CA 92220-6977 9214 8901 06615400 0118 5124 39 ... _.... ................... ..... ................ lMpbCertirted8x5Label vi.2-6.0 January 23, 2018 Mayor L. denr, :; N' {'?, Mlayor Pro Tern Lyn', ' c :-ml-,J, Council Members %1hF a,nJ, h:e .ander, Sarn Sp7--Polo, D,ar -v City Manager John R. Gillison CERTIFIED MAIL RECEIPT 4:91 14 8901 ]6-11_5L100 011& 512439 Morongo Band of Mission Indians Attn' Robert Martin, Chairperson 12700 Pumarra Road Banning, CA 92220 Dear Mr. Martin.- SUBJECT: artin: SUBJECT: Tribal Consultation Request for Victoria Gardens Masker Pian Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) In response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process_ If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT ORC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavitlion Gardens within the Mixed Use (MU) district - APN' 1090-531-06. This site was previously approved for 95 Condominiums and is disturbedlimproved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). K D1—D4 Pg38 SB18 TRIBAL CONSUL T A j ION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 PROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNING DEPARTMENT Candyce Burnett City Planner CBljy Attachments: Aerial Photo of the Project Site * 1 agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • I agree that no further consultation is necessary due to the nature of the Project. Signature: D1—D4 Pg39 CITY 01; COCA AtO CU�AMONSA 10500 VtC CENTER OR RANCHO CUCAMON. CA 01230-3801 9214 8901 0661 5400 0118 5126 99 RETURN RECEIPT (ELECTRONIC) TEMET AGUILAR PAUMA BAND OF LUISENO INDiANS. PAUMA & YUIMA RESERVATION EXT 303 PO BOX 369 PAUMA VALLEY, CA 92061-0369 ....... ............ ........................... .. - .. .. .. . . . .. . I ' ' ' ,' ...................... .............. ... . .. ....... .. ... .. ... .. ..... ... ... ........ ...... ....... ..... ....................... -.­.-­.'..-.....'...'..-..- ....... . ------------------------- . ........... L"'64 f-LiF r! 1i •!t k .................. Ee m I MpbCertfied8x5Labe1 v1.2.6.0 D1 -D4 Pg40 r-1; v:Jr ! ! ; -r . ' r ".cv .r Prn'i 1 _') - -. i' L.... January 23, 2018 CERTIFIED MAIL RECEIPT #:9274 8901 0661 5400 0118 5126 99 Pauma Band of Luiseno Indians-Pauma & Yuima Reservation Attn: Temet Aguilar, Chairperson P.O. Box 369, Ext, 303 Pauma Valley, CA 92061 Dear Mr- Aguilar' SUBJECT- Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the, planning process. As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). D1—D4 Pg41 SB i 8 TRIBAL CONSUL I ATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00989 January 23, 2018 Page 2 PROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNING DEPARTMENT dL4-�!� Candyce Burnett City Planner CB/jy ARachments: Aerial Photo of the Project Site • 1 agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature; • 1 agree that no further consultation is necessary due to the nature of the Project. Signature: D1 --D4 Pg42 NO F -A`'! `13 D=PARV.IcrJT CITY OF RANCHO CUCAMO`*A 10500 CIVIC CENTER DR RANCHO CUCANION, CA 917383601 CaETURN RECEIPT (ELECTRONIC) Ill�llll�lllllll�lllli IIII IIIIIIIIIIYIIIIIII dl IY 9214 8901 0661 5404 0118 5127 29 JOHN VALENZUELA SAN FERNANDO BAND OF MISSION INDIANS PO BOX 221838 NEWHALL, CA 91322-1838 .......... ................ I-- � • ��..,-.-,,.., m.- -.,-,. __._.,.. _._.,., .,, „ „ ,-.,...,.,,..,-,-.,.... - - - �, 101 ........... 6'ta'L1.s'E:6+;E i Ua .�-}-U!!tib_ IblpbCerUfsed8x5Label v1.2.6.0 Dl -D4 Pg43 January 23, 2018 i.!ajor L. Gin- '. aror Pro Ter? l -,-_ i . }:e Cou:�ccf �.lembers 1'l�,iw� ��. n:2r ,c'�r, S:.'1 5i abno`or Diane :'.arril City Manager John R. GlItson 10500 Civic Center Drive I P.O. Box 887 Rancho Cucamonga, CA 91729-0807 1909.477.2700 1 www.CityofRC.us CERTIFIED MAIL RECEIPT4.1214 8901 0661 5400 0118 51273_9 San Fernando Band of Mission Indians Attn: John Valenzuela, Chairperson P.O, Box 221838 Newhall, CA 91322 Dear Mr. Valenzuela: SUBJECT: Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN! AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). Ee D1—D4 Pg44 SB18 TRIBAL CONSULTATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00989 January 23, 2018 Page 2 PROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNING DEPARTMENT C41 Candyce Burnett City Planner CB/jy Attachments: Aerial Photo of the Project Site + I agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: I agree that no further consultation is necessary due to the nature of the Project. Signature: 1*1 D 1--D4 Pg45 I CVI CENT T' OR III11I1I1 II111 IN111111111i1lI��III1111 II CITY OF RANCHO CUCA.41ONGA 105Q0 CHIC CENTER OR RANCHO CUCAMON CA 91730-3801 9214 8901 0661 5400 0118 5127 67 RETURN RECEIPT (ELECTRONIC) LEE CLAUSS SAN MANUEL BAND OF MISSION INDIANS 26569 COMMUNITY CENTER DR WGHLAND, CA 92346-6712 .... ..,.. .^.rl M,. Lbolf,.L 1111111111111161 Ee D1 --D4 Pg46 lMphCertified8x5Lahe! vi 2 6 4 January 23, 2018 !rl.>yorL. Council Nlembers F!e"}ander, $aril spagn']!o, Dia' -e V":O,ams City Manager john R. Giiiison 10500 Civic Center Drive I P.D, Box 807 1 Rancho Cucamonga, CA 91729.0807 1909.477.2700 1 www.GtyofRC.us CERTIFIED MAIL RECEIPT#:5-a1y_8901 0661 5400 0118 5127--67 San Manuel Band of Mission Indians Attn: Lee Clauss, Director of Cultural Resources 26569 Community Center Drive Highland, CA 92346 Dear Ms. Clauss: SUBJECT: Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. 1n accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. O As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days, The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN. 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). D1—D4 Pg47 SB18 TRIBAL CONSULTATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 PROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28, 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, PLANNING DEPARTMENT Candyce 3urnett City Planner CB/jy Attachments: Aerial Photo of the Project Site • I agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • I agree that no further consultation is necessary due to the nature of the Project. Signature: D1 --D4 Pg48 101 C Ee 10500 CJVIC CENTER DR RANCHO CUCAUON. CA 91730-3801 OETURN RECEIPT (ELECTRONIC) 9214 891110661 S400 0118 5127 98 GOLDIE WALKER SERRANO NATION OF MISSION wmANS PO BOX 343 pATTow.C4 92369-0343 .......................... -----,_---_-----_...------_----_----`��-..���......... ........................... ................. ................ ------_-_--_-...................... ..... .............................................. ----' ----_--------------------_------------_- Ee January 23, 2018 Council is c.mbers V. :. r. 4' City r4ana;erioi•n R. C ! son 10500 Civ.c Center Drive I P_O. Box 807 1 Rancho Cucamonga, CA 91729-o807 ! 909 477.270Q I www,CityofRC.us CERTIFIED MAIL RECEIPT #.9 14 8901 a661 54ao 0118 7 Serrano Nation of Mission Indians Attn: Goldie Walker, Chairperson P.O. Box 343 Patton, CA 92369 Dear Ms. Walker.- SUBJECT: alker: SUBJECT: Tribal Consultation Request for Victoria Gardens Master Plan Amendment DRC2017-00969 The City of Rancho Cucamonga is processing an application for a General Plan Amendment as described below. In accordance with SB 18, the purpose of this notice is to determine whether your tribe desires consultation regarding the proposed project. Native Americans are important to the planning process. As you know, SB 18 provides the Tribe up to 90 days in which to request a consultation for the proposed project, unless a shorter timeframe has been agreed to by the Tribe. Due to a compressed project schedule, the City is respectfully requesting that the Tribe agree to a shorter timeframe (less than ninety days) in response to the City's request for consultation so that the consultation timeframe will be shortened to 30 days. The project site has already been entitled for residential development, has been disturbed by grading and public improvements, and is subject to mitigation to protect any cultural artifacts and/or burial sites. The City is therefore hopeful of an expedited review process. If your Tribe consents to the shortened review period of 30 days, please sign the attached consent form and return it to the above - referenced address at your earliest convenience. Alternatively, if you find that the nature of this project does not require consultation, you are requested to sign the bottom of this letter, agreeing that no further consultation is necessary. PROJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2017-00969 - FOREST CITY: A request to modify the General Plan to construct a public parking structure and police substation on a vacant 5.33 acre parcel in the northeasterly portion of the Victoria Gardens shopping center, adjacent to the Victoria Gardens Cultural Center, located south of Church Street, north of Cultural Center Drive, East of Arbor Lane and west of Pavillion Gardens within the Mixed Use (MU) District - APN: 1090-531-06. This site was previously approved for 95 Condominiums and is disturbed/improved with infrastructure improvements that will be removed for the parking lot (see attached aerial photo). Lel D1—D4 Pg50 SB18 TRIBAL CONSULTATION REQUEST GENERAL PLAN AMENDEMENT DRC2017-00969 January 23, 2018 Page 2 PROJECT APPLICANT: Attn: Kenneth Chin Forest City 1100 Terminal Tower 50 Public Square Cleveland, Ohio 44113 The City is interested in receiving input from your community regarding any concerns related to the proposed Amendment. Please inform us of any areas of cultural significance in the project area that we should take into account. This letter may be followed shortly by a telephone call to discuss any issues/comments that you may have. Unless indicated by your signature below to shorten the timeframe for a consultation request or to seek no further consultation, the City requests to receive your comments by April 28. 2018. If you have any questions or comments, please contact me at (909) 477-2750 x4308 or in writing at the address below. Sincerely, OPLANNING DEPARTMENT Candyc Burnett City Planner CBljy Attachments: Aerial Photo of the Project Site • I agree to shorten the consultation time to 30 days from the date of receipt of this letter Signature: • 1 agree that no further consultation is necessary due to the nature of the Project. Signature: D1—D4 Pg51 t[, US _, a+ r mP 1 %' � fire p-r1.`i, .� � ,/��� } ►' u• _.a Ate-: ♦µay} 'JICila.L VLtrw.�l} � rll'i�`r.ld VL'f(S r!i13 :{[1 t' '�:, _ F 1 R i 7( �'f � Ir111t i�oy ��' ���',� • ,t 4 4 ��,�, �r'l _ Er fi } � � M1YY}rr ,fir v .. _� .. � ; + ! fi fit, Y i � w �.•�• �s,�kx,tn NOW, ."i ..r =.- ori' a •. ri- I I t r !V � I ;r 1, ♦ �• � � +'.�' 4 s M�4' 4 a..... i r... ur r:. cif_- y. it ' ilo . .. -1�: •i1Rk � ��ti.fJ .��.. ..e... _ S 7� � .. ORESOLUTION NO. 18-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2017-00969 TO AMEND TABLE LU -2 (VICTORIA GARDENS/VICTORIA ARBORS LAND USE MIX) TO RELOCATE THE DEVELOPMENT POTENTIAL OF 95 DWELLING UNITS FROM THE RESIDENTIAL AREA TO THE MAIN STREET AREA IN THE VICTORIA GARDENS MALL A. Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC (collectively, the "Applicants") jointly filed an application for General Plan Amendment DRC2017- 00969 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as the "Application." 2. On May 9, 2018, the Planning Commission 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. 0NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The 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 9, 2018, including written and oral staff reports. together with public testimony, this Commission hereby specifically finds as follows: a. The Application addresses the location of residential development within a planning area of the City known as Victoria Gardens, which is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a development agreement between the City and the applicant. b. The property to the north of Victoria Gardens is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west is designated Mixed Use, and is developed with multi -family residential units. The 1-15 Freeway lies immediately to the east with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Main Street Area and Route 66 of the Victoria Gardens Mall is directly south of the parcel and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and designated Regional Related Office/Commercial. C. The General Plan Land Use designation of Victoria Gardens is Mixed Use �j and the properties surrounding Victoria Gardens are Mixed Use and south of Foothill Boulevard is General Commercial. 171—D4 pg 53 PLANNING COMMISSION RESOLUTION NO. 18-22 GENERAL PLAN AMENDMENT DRC2017-00969 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 2 0 d. Table LU -2 of the General Plan sets forth the land use mix and density within Victoria Gardens. The Application amends the maximum density within Victoria Gardens' Residential and Residential/Mixed Use Main Street areas. Specifically, the Application would reduce the maximum number of dwelling units within the Residential area by 95 units and would increase the maximum number of dwelling units within the Main Street area by 95 units. If the Application is approved, the new total number of dwelling units allowed within the Residential area would be 987 units and within the Residential/Mixed Use Main Street area would be 385 units, e. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA" ), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR, f. On May 6, 2009 and in accordance with CEQA, the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of certain amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the development agreement to allow the n development of residential uses in the Main Street Area, increase the average height in the v Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within the Victoria Gardens Master Plan area, At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits of the project outweighed the significant and unavoidable impacts identified in the SEIR, g_ Concurrent with this Application, the Applicant has also applied for Victoria Gardens Master Plan Amendment DRC2017-00971, Development Agreement Amendment DRC2017-000970 (DA01-02) and Tentative Parcel Map SUBTPM19963. The purpose of these other applications is to rezone the vacant 5.33 -acre parcel (APN: 109053106) from Residential to Civic/Parking Area and modifying various language in the Victoria Gardens Master Plan to allow the future development of a public parking lot/structure and police substation on the parcel; and to facilitate this Application's consistency with the Victoria Gardens Master Plan by reallocating 95 dwelling units between the Residential and Main Street areas; incorporate the General Plan Amendment and Victoria Gardens Amendment into the vested rights applicable to the Victoria Gardens Mall and facilitate the timing and development of the public safety facility in the project, and to subdivide the 5.33 -acre lot into 2 parcels, with one parcel consisting of approximately 1 -acre for a future public safety facility and the other parcel of approximately 4.33 -acre parcel for a future parking lot and/or parking structure. Collectively, these approvals are referred to herein as the "Project." 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: D1—D4 Pg 54 PLANNING COMMISSION RESOLUTION NO. 18-22 GENERAL PLAN AMENDMENT DRC2017-00969 — CITY OF RANCHO CUCAMONGA May 9, 2018 OPage 3 a. The Application is consistent with the objectives, policies, and general land uses specified in the General Plan and Development Code. The Application would reduce the maximum number of residential dwelling units in the Residential Land Use Area by 95 units and increase the number in the Main Street Land Use Area by 95 units. The overall number of units within Victoria Gardens will not change and residential units will remain permitted uses within the Main Street Land Use Area. Therefore, it is consistent with the objectives and policies and is intended to allow for more flexibility in the future buildout of the residential units. b. The Application will further the goals of the General Plan as the Mixed -Use designation recognizes the need for more sustainable development that offers opportunities for people to live close to work, play and be near transit stops. The Application anticipates the future development of residential units within the mall and proposes to shift the location within the Main Street Land Use Area. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that an addendum is required pursuant to the CEQA in connection with the review and approval of this application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances under which the project would be undertaken but which don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts had been completed to further analyze impacts related to recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. d. Based on the totality of the administrative record, the Planning Commission finds in connection with the Application, that substantial changes to the original project or the D1—D4 Pg55 PLANNING COMMISSION RESOLUTION NO. 18-22 GENERAL PLAN AMENDMENT DRC2017-00969 -- CITY OF RANCHO CUCAMONGA May 9, 2018 Page 4 circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new information has come to light that was known or could have known at the time the EIR and SIER were adopted, and that the addendum to the EIR and SEIR complies with the requirements of CEQA and recommends that the City Council adopt the addendum as being prepared in compliance with CEQA. The purpose of the Application is to subdivide the Subject Property to allow the future development of a public parking lot/structure and police substation on the Subject Property. e. Staff further finds that the addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EIR and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. The custodian of records for the Addendum, Final EIR and Final SEIR and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga_ Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council adopt the Addendum to the EIR and SEIR and approve the General Plan Amendment as shown in Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2018_ PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyce Burnett, Secretary D1—D4 Pg56 Ee PLANNING COMMISSION RESOLUTION NO. 18-22 GENERAL PLAN AMENDMENT DRC2017-00969 -- CITY OF RANCHO CUCAMONGA May 9, 2018 OPage 5 EO 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 9th day of May 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D1—D4 Pg57 PLANNING COMMISSION RESOLUTION NO. 18-22 GENERAL PLAN AMENDMENT DRC2017-40969 — CITY OF RANCHO CUCAMONGA May 9, 2418 O Page 6 Attachment A Amendment to the General Plan Table LU -2 of the General Plan is hereby amended to appear as follows. TABLE LU -2 VICTORIA GARDENSNICTORIA ARBORS LAND USE MIX Estimated Acreage Range "Most Case" Percent • Density (dulacre) Acres/Dwelling Land Use Range Dwellin Unit Range Units du Commercial — retail, service 20°/u - 40°/n 99-209 acres 220 acres commercial, office, tourist commercial Public/Quasi Public — 5%-12% 26-61 acres 40 acres performing arts center, trails, landscapelhardscape, public spaces Civic/Parking Area 5.33 Acres 5.33 acres (new) Residential 15%-29% 77-148 acres @ 93 acres @ 14 dulacrez 14 dulacrez 788 to 1,757 du 987 du ResidentiallMixed Use 090-5% 5-21 acres@ 5 acres Main Street Area 14-100dulacre 100 dulacre 385 du 385 du Residential — Low Medium 6% 32 acres 32 acres @ 4-8 dulacre 8 dulacre 128 to 256 du 208 dui Total Residential' 21%-36% 112-206 acres 130 acres 1,206 to 2,398 du 1580 du ROW — collector/local roads 20%-25% 102-128 acres 115 acres TOTALS 100% 510 acres 510 acres N 1 The acreage in this category also includes land for locai park and school purposes. 2. Indicates target density, not a range. Actual density may increase up to 20 dulac as long as the total of 1.082 dwelling units is not exceeded 3. Indicates target dwelling units based on historic c.ty experience where development occurs m?dway O between 50 and 75% of the ran2e D1—D4 Pg58 m m ADDENDUM TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VICTORIA GARDENS MASTER PLAN DISTRIBUTED UNDER SEPARATE COVER D1 -D4 Pg59 RESOLUTION NO. 18-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 TO REZONE A VACANT 5.33 ACRE PARCEL (APN' 109053106) FROM RESIDENTIAL TO CIVIC/PARKING AREA AND MODIFYING VARIOUS LANGUAGE IN THE VGMP TO ALLOW THE FUTURE DEVELOPMENT OF A PUBLIC PARKING LOT/STRUCTURE AND POLICE SUBSTATION ON THE PARCEL; AND TO REALLOCATE 95 DWELLING UNITS FROM THIS PARCEL TO THE MAIN STREET AREA FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST. A_ Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC (collectively, "Applicant") jointly filed an application for Master Plan Amendment DRC2017-00970 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Master Plan Amendment is referred to as the "Application." 0 2. On May 9, 2018, the Planning Commission 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. The 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 9, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The Application applies to the approximately 174 -acre Victoria Gardens site ("Victoria Gardens"). The Application's primary provisions apply to a 5.33 -acre parcel within Victoria Gardens that was previously approved for a 95 -unit condominium development that is mostly vacant with minimal infrastructure improvements located generally north of the Victoria Gardens Cultural Center on the north-east corner or Arbor Drive and Cultural Center Drive within the Victoria Gardens Mall ("Subject Property"). 0 b. Development of Victoria Gardens and the Subject Property is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, D1 —D4 Pg 60 PLANNING COMMISSION RESOLUTION NO. 18-23 VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 2 the City's General Plan, and the Development Agreement between the City and Owner's predecessor in interest. C. The property to the north of the Subject Property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west of the Subject Property is designated Mixed Use, and is developed with multi -family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the east of the Subject Property with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Main Street and Route 66 Areas of the Victoria Gardens Mall are directly south of the Subject Property, and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and is designated Regional Related Office/Commercial. d. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement of Overriding Considerations found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. e. Also in 2002, the City entered into Development Agreement 01-02 with Victoria Gardens -C, LLC for the Victoria Gardens Regional Center. The Development Agreement has since been amended three times by mutual agreement of the parties. Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens -C, LLC's interest in Victoria Gardens. f. On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits outweighed the significant and unavoidable impacts identified in the SE1R. g. Concurrent with this Application, the Applicant has also applied for General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM 19963. The purpose of these other applications is to modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Victoria Gardens Master Plan's Residential Area by 95 units and to increase the maximum number of residential units in the Main Street Area by 95 units; incorporate the General Plan Amendment and VGMP Amendment into the Development Agreement and facilitate the timing and development of the public safety facility on the Subject D1—D4 Pg61 PLANNING COMMISSION RESOLUTION NO. 18-23 VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 3 O Property; and to subdivide the Subject Property Rot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 acres for a future parking lot and/or parking structure. Collectively, these approvals are referred to herein as the "Project." h. As shown in the Attachment 'A" the Application proposes to amend the Victoria Gardens Master Plan to rezone a vacant 5.33 acre parcel located generally north of the Victoria Gardens Cultural Center on the north east corner of Arbor Drive and Cultural -Center Dr. from Residential to Civic/Parking Area and modifying various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area from the Residential Area. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The Application is consistent with the objectives, policies, and general land uses specified in the General Pian and any applicable Specific Pians. The proposed Victoria Gardens Master Plan Amendment enables the continued construction of the Project within Victoria Gardens subject to the approval of the amendments to the General Plan, Development Agreement Amendment, and TPM (General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM 19963, respectively). b. The Application meets the requirements set forth in the Development Code. The proposed Victoria Gardens Master Plan Amendment enables the continued construction of the Project within Victoria Gardens through the comprehensive planning document that created a compatible blend of uses. 4. Based upon the facts and information contained in the Application, together with all written and oral reports included for the environmental assessment for the Application, the Planning Commission finds that an addendum to the EIR and SEIR is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of the Application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted_ b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances under which the project would be undertaken but which don't meet the conditions described in 131—D4 Pg62 PLANNING COMMISSION RESOLUTION NO. 18-23 VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 4 Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts had been completed to further analyze impacts related to recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. d. Based on the totality of the administrative record, the Planning Commission finds in connection with the Application, that substantial changes to the original project or the circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new information has come to light that was known or could have known at the time the EIR and SIER were adopted, and that the addendum to the EIR and SEIR complies with the requirements of CEQA and recommends that the City Council adopt the addendum as being prepared in compliance with CEQA. The purpose of the Application is to rezone the Subject Parcel to Civic/Parking Area and to modify various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area. e. Staff further finds that the addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EIR and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council adopt the addendum to the EIR and SEIR and approve Victoria Gardens Master Plan Amendment DRC2017-00971 as shown in Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA D1—D4 Pg63 PLANNING COMMISSION RESOLUTION NO. 18-23 VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 5 0 BY: 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 9th day of May 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D1—D4 Pg64 X VICTORIA GARDENS MASTER PLAN WITH PROPOSED AMENDMENDED FIGURES AND TEXT DISTRIBUTED UNDER SEPARATED COVER D1 -D4 Pg65 RESOLUTION NO. 18-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA_ RECOMMENDING APPROVAL OF THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT 01-02, BETWEEN THE CITY OF RANCHO CUCAMONGA. RANCHO MALL, LLC, AND RANCHO MALL NE, LLC, TO FACILITATE THE TIMING AND DEVELOPMENT OF A PUBLIC SAFETY FACILITY ON A VACANT 5.33 ACRE PARCEL (APN: 109053106) AND TO INCORPORATE GENERAL PLAN AMENDMENT DRC2017-00969 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH. FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST. A. Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC jointly filed an application for Development Agreement Amendment DRC2017-00970 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement Amendment is referred to as the `Application." Rancho Mall, LLC and Rancho Mail NE, LLC are successors in interest in all or portions of the property subject to the Development Agreement and are hereinafter referred to collectively as "Owner." The City and Owner are referred to herein as "Applicant," 2. On May 9, 2018, the Planning Commission conducted a duly noticed public 0 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. The 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 9, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The Application applies to the approximately 174 -acre Victoria Gardens site (Victoria Gardens"). The Application's primary provisions apply to a 5.33 -acre parcel within Victoria Gardens that was previously approved for a 95 -unit condominium development that is mostly vacant with minimal infrastructure improvements located generally north of the Victoria Gardens Cultural Center on the northeast corner or Arbor Drive and Cultural Center Drive within the Victoria Gardens Mall ("Subject Property")_ b. Development of Victoria Gardens and the Subject Property is governed by O the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community D1—D4 Pg66 PLANNING COMMISSION RESOLUTION NO. 18-20 DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 2 Plan, the City's General Plan, and the Development Agreement between the City and Owner's predecessor in interest. C. The property to the north of the Subject Property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west of the Subject Property is designated Mixed Use, and is developed with multi -family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the east of the Subject Property with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial, The Main Street and Route 66 Areas of the Victoria Gardens Mall are directly south of the Subject Property, and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and is designated Regional Related Office/Commercial. d. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement of Overriding Considerations found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. e. Also in 2002, the City entered into Development Agreement 01-02 with Victoria Gardens -C, LLC for the Victoria Gardens Regional Center. The Development Agreement has since been amended three times by mutual agreement of the parties. Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens -C, LLC's interest in Victoria Gardens. f. On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits outweighed the significant and unavoidable impacts identified in the SEIR. g. Concurrent with this Application, the Applicant has also applied for General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017- 00971, and Tentative Parcel Map TPM 19963. The purpose of these other applications is to modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Victoria Gardens Master Plan's D1—D4 Pg67 PLANNING COMMISSION RESOLUTION NO. 18-20 DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 3 Residential Area by 95 units and to increase the maximum number of residential units in the Main Street Area by 95 units; to rezone the Subject Property from Residential to Civic/Parking Area; to modify various language in the Victoria Gardens Master Plan to allow the future development of a public parking lot/structure and police substation on the Subject Property; and to subdivide the Subject Property lot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 acres for a future parking lot and/or parking structure. Collectively, these approvals are referred to herein as the "Project." h. As shown in the attached Exhibit "A_" the Application proposes to amend Development Agreement DAOi-02 to incorporate the related amendments to the General Plan and Victoria Gardens Master Plan, so that these amendments will become part of the "Project Approvals" and "Applicable Regulations" as those terms are defined in the Amended Development Agreement and thereby convey to the Owner a vested right to develop Victoria Gardens in accordance with these amendments. i. Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process. encouraging private participation in comprehensive planning, and reducing the economic costs of development. ■ Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement Amendment is being made and entered into for the Project to ensure that the above three goals are fulfilled. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a, The Application is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Development Agreement Amendment enables the continued construction of the overall project D1 --D4 Pg68 PLANNING COMMISSION RESOLUTION NO. 18-20 O DEVELOPMENT AGREEMENT DRC2017-00970 – CITY OF RANCHO CUCAMONGA May 9, 2018 Page 4 within the Victoria Gardens Mall subject to the approval of the amendments to the General Pian, VGMP, and TPM (General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-00971, and Tentative Parcel Map TPM19963, respectively). b. The Application is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement Amendment will increase certainty and provide assurances for subsequent development projects within Victoria Gardens and enable the City to plan for and finance public facilities. C. The Application will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement Amendment is the fourth amendment to incorporate the General Plan Amendment (DRC2017-00969) and Victoria Gardens Master Plan Amendment (DRC2017-00971) into the vested rights applicable to the Victoria Gardens Mall, and to facilitate the timing and development of a public safety facility on the Subject Property. d. The Application will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement Amendment will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. 4. Based upon the facts and information contained in the Application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that an addendum to the EER and SEIR is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of the Application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the projector the circumstances under which the project would be undertaken but which don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. O C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and D1–D4 Pg69 PLANNING COMMISSION RESOLUTION NO. 18-20 DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA May 9, 2018 fl Page 5 approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise. Traffic and Circulation and Cultural Impacts had been completed to further analyze impacts related to recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property, d. Based on the totality of the administrative record, the Planning Commission finds in connection with the Application, that substantial changes to the original project or the circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new Information has come to light that was known or could have known at the time the EIR and SIER were adopted, and that the addendum to the EIR and SEIR complies with the requirements of CEQA and recommends that the City Council adopt the addendum as being prepared in compliance with CEQA. The purpose of the Application is to incorporate the General Plan Amendment and Victoria Gardens Master Plan Amendment into the Development Agreement and facilitate the timing and development of the public safety facility on the Subject Property. e. Staff further finds that the addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EER and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council adopt the addendum to the EIR and SEIR and approve Development Agreement Amendment DRC2017-00970 as shown in Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: Candyce Burnett, Secretary D1—D4 Pg70 X PLANNING COMMISSION RESOLUTION NO. 18-20 DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 6 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 9th day of May 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS. D 1—D4 Pg71 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City CIerk APNs: SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from Recording Fees Pursuant to Government Code Section 27383 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("Fourth Amendment") is made and entered into as of this day of _ _ , 2018, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), RANCHO MALL, LLC, a Delaware Limited Liability Company ("Mall Owner"), and RANCHO MALL NE, LLC, a Delaware Limited Liability Company ("NE Parcel Lessee") (collectively, Mall Owner and NE Parcel Lessee are sometimes referred to herein as "Owner"). Recitals A_ The purpose of this Fourth Amendment is to incorporate into the Amended Development Agreement, as defined below, those amendments to the General Plan and the Victoria Gardens Master Plan that the City approved on [DATE] (collectively, the "2018 Amendments"), which are attached hereto as Exhibits 1 and 2 and incorporated into this Fourth Amendment as if set forth in full herein. It is the Parties' mutual intent that the 2018 Amendments become part of the "Project Approvals" and "Applicable Regulations" as those terms are defined in the Amended Development Agreement. B. The purpose of this Fourth Amendment is also to set forth the timing and process by which Owner is expected to provide to City a public safety facility shell on land currently owned by City within the Victoria Gardens Master Plan area. City is expected to use the Public Safety Facility Shell as a police substation and for other public safety and civic activities. C. Concurrently with the approval of this Fourth Amendment, City and NE Parcel Lessee entered into that certain ground lease dated [INSERT DATE] (the "Ground Lease"). Pursuant to the Ground Lease, NE Parcel Lessee has the right to construct and operate public parking on a surface parking lot and/or in a parking structure on a parcel of land owned by City and more particularly described in Exhibit "F" (the "Ground Lease Parcel"). 1 of 24 ATTACHMENT A doe D 1—D4 Pg72 D. On [DATE], after holding a duly noticed public hearing, the Planning Commission of the City of Rancho Cucamonga recommended the approval of this Fourth Amendment. E. On [DATE], the City Council of the City of Rancho Cucamonga, adopted Ordinance No. , approving this Fourth Amendment. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owner hereby amend that certain Development Agreement between them, dated February 20, 2002, and as previously amended by the First Amendment to Development Agreement, dated May 7, 2003, the Second Amendment to Development Agreement, dated June 18, 2003, and the Third Amendment to Development Agreement, dated May 20, 2009 (as amended, the "Amended Development Agreement"). Amendment I. Recital G of the Amended Development Agreement is hereby amended to read as follows: "G. A depiction of the Tentative Map is attached hereto and incorporated herein as Exhibit "C". For purposes of this Agreement, the "Project Approvals" include: the General Plan, the Victoria Community Plan, the Victoria Arbors Master Plan, the EIR and Mitigation Monitoring Program, the Victoria Gardens Master Plan (including, but not limited to the Master Plan Signage program), Tentative Map, and any amendments to the foregoing approved by the City on or before the Effective Date; any amendments to the foregoing documents adopted by the City on May 20, 2009 and [DATE OF THE FOURTH AMENDMENT: and the 2009 Amendments and 2018 Amendments to the foregoing documents." 2. Section III.B.6. of the Amended Development Agreement is hereby added to read as follows: "Location of Residential Units. As part of the 2018 Amendments, the Master Plan and General Plan were amended to reduce the maximum number of residential dwelling units in the Master Plan's Residential Area by 95 units and to increase the maximum number of residential dwelling units in the Master Plan's Main Street Area by 95 units. City approved the 2018 Amendments, including the Master Plan and General Plan amendments, in good faith reliance on NE Parcel Lessee's plan to develop additional parking on the Ground Lease Parcel, in accordance with the terms of the Ground Lease, and to deliver to City the Public Safety Facility Shell on the Public Safety Parcel. The terms "Ground Lease," "Ground Lease Parcel," "Public Safety Facility Shell," and "Public Safety Parcel" are defined in the Recitals to the Fourth Amendment and Section IILM. If NE Parcel Lessee fails to develop a surface parking lot and/or parking structure on the Ground Lease Parcel in accordance with the Ground Lease or the Ground Lease expires or is terminated for any reason, then, notwithstanding anything to the 11231-000112172589v14.doc 2 of 24 D 1—D4 Pg73 contrary in this Agreement, City shall have the right to amend the Master Plan and the General Plan in order to relocate the developable area for the 95 residential dwelling units within the Master Plan, and the Project Approvals and Applicable Rules shall be deemed to incorporate the relocation, provided that such amendments shall not be applied to any of the 95 residential dwelling units (i.e., the five hundred and sixth (506`E') and all further residential dwelling units located on the Property) constructed by Owner prior to City's approval of the amendments. Owner agrees not to oppose City's efforts to amend the Master Plan and the General Plan provided the amendments are limited to relocation of the 95 residential units. Owner shall pay or reimburse the City's then -current application and processing fees for the Master Plan and General Plan amendments necessary to accomplish the relocation. City shall submit an invoice to Owner for such fees, and Owner shall pay the invoice within thirty (30) days of receipt. Notwithstanding the foregoing, City may not without the prior written consent of Owner hereafter amend the Master Plan and General Plan in order to relocate the developable area for the 95 residential dwelling units within the Master Plan if, prior to City initiating the Master Plan and General Plan amendments pursuant to the preceding paragraph, Owner has completed and delivered the Public Safety Facility Shell, as defined in Section I11.M_1. For the avoidance of any doubt, City may amend the Master PIan and General Plan in order to relocate the developable area for the 95 residential dwelling units if Owner satisfies its obligation to deliver the completed Public Safety Facility Shell by paying to the City the sum described in Section I11,M.5(ii)." O Section IIID, of the Amended Development Agreement is hereby amended to read as follows: "Permitted Fees. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, in the amount, if any, in effect on a City-wide basis as of the Effective Date. Owner shall only be responsible for payment of those development fees listed in the attached Exhibit "D" to be calculated as indicated therein. Notwithstanding the foregoing, City may charge and impose those fees and exactions, including without limitation, dedications and any other fee or tax (including excise construction orany other tax) relating to development or the Privilege of developing, in the then current amounts when such fees andior exactions are due dwelling units Iocated on the Pro erty. Cit V will not impose any processingfees and/or exactions against Owner in connection with development of the Public Safet,, Facility Shell_ 3 of 24 l 1231-0001 L 172589v14.doc D1 —D4 Pg74 This Section shall not be construed to (i) limit fees charged by agencies or utility providers other than the City; or (ii) except as provided in the last two sentences of the preceding paragraph, limit the authority of City to charge customary application, processing, and permit approvals, building permits and other similar normal and fees for land use permits, which fees are designed to reimburse City's expenses attributable to such application, processing and permitting and are in force and effect on a City-wide basis at such time as said approvals and permits are granted by City." 4. Section III.M. of the Amended Development Agreement is hereby added to read as follows: "M. Public Safet.. Facility Shell. 1. Development of Public Safety Facility Shell. Provided the obligation to do so has been triggered by the condition specified below in this paragraph, the NE Parcel Lessee shall be required to develop, construct, and deliver to City, within the time specified in Section III.M.3 below, the cold, dark shell of a building of approximately 6,300 square feet in accordance with performance standards, materials, and specifications set forth in Exhibit "H" and the final construction drawings, as described in Section III.M.3 ("Public Safety Facility Shell") on property owned by City and more particularly described in Exhibit "G" (the "Public Safety Parcel"). NE Parcel Lessee's obligation to n construct and deliver the Public Safety Facility Shell shall be triggered only if and �J when NE Parcel Lessee obtains a building permit from City and commences construction of a surface parking lot and/or parking structure on the Ground Lease Parcel. Once the obligation is triggered, NE Parcel Lessee shall develop and construct the Public Safety Facility Shell in accordance with the requirements of this Section. 2. Notice of Parking Development, Application of Spaces. At the earliest practicable time, NE Parcel Lessee shall provide written notice to City of its intent to begin construction drawings for a surface parking lot and/or parking structure on the Ground Lease Parcel, but in no case later than the date Owner enters into a contract for the construction of the surface parking lot and/or parking structure. Evidence of Owner's intent to begin construction drawings for a surface parking lot and/or parking structure may include soliciting proposals for or contracting with an architectural or engineering firm to prepare construction drawings for a surface parking lot and/or parking structure on the Ground Lease Parcel. 3. Timing of Public Safety Facility Shell Development; Design Drawings. Prior to NE Parcel Lessee developing the Public Safety Facility Shell, City will prepare and provide NE Parcel Lessee with City -approved construction drawings and building permits for the Public Safety Facility Shell that substantially comply with the performance standards, materials, and specifications set forth in Exhibit "H." Within twelve (12) months of receipt of the City -approved 1123 1 -000 1 \2 172 589v 14.doc 4 of 24 D1—D4 Pg75 construction drawings and building pen -nits. NE Parcel Lessee shall deliver the Public Safety Facility Shell to City. 0 4. Delivery of Public Safety Facility_ Shell. The Public Safety Facility Shell shall be deemed delivered to City at such time that the City Engineer or his or her designee has performed a final inspection of the Public Safety Facility Shell and determined that the building is free from any deficiencies and conforms to the performance standards and specifications set forth in Exhibit "H." Such determination shall not be unreasonably delayed or withheld by the City, and once the Public Safety Facility Shell construction is substantially complete the City shall from time to time provide Owner with a written punch list of remaining incomplete or deficient items. The punch list shall be provided within ten (10) days of a written request therefor from NE Parcel Lessee. The City Engineer or his or her designee will perfonn a final inspection promptly after Owner informs City that the Public Safety Facility Shell is complete. Within twelve (12) months following delivery of the completed Public Safety Facility Shell, City shall vacate the leased substation premises on Mall Owner's property and relinquish such premises to Mall Owner. 5. Remedies for Failure to Timely Deliver Public Safety Facility Shell. If NE Parcel Lessee fails to deliver the Public Safety Facility Shell within the time period set forth in Section III.M.3, plus any period of force majeure extension applicable under this Agreement, then such failure shall not be deemed a default by Mall Owner under this Agreement giving rise to any right of the City to tenninatc this Agreement or to other remedies not specified in this Section III.M.S, but City shall have the following as its sole and exclusive remedies for such failure by NE Parcel Lessee: (i) City shall, prior to exercising any of the other remedies below in this Section, give written notice to NE Parcel Lessee and Mall Owner and provide a period of sixty (60) days from the date of notice in which NE Parcel Lessee may cure the default. The notice shall include an invitation to meet and confer at a mutually convenient time during the ten (10) day period following the date of the notice, to discuss the reasons for the default, the status and circumstances of the Public Safety Facility Shell construction, and the potential for a cure. AIso during this 60 -day cure period, City shall obtain and provide to Owner an independent engineer's estimate of the reasonable remaining costs to complete the Public Safety Facility from the state of completion which existed at the time of the default notice. NE Parcel Lessee shall reimburse the City's cost, not to exceed fifteen thousand dollars ($15,000), for the independent engineer's completion cost estimate. Commencing on the one year anniversary of the effective date of this Fourth Amendment and each 12 months thereafter, the fifteen thousand dollar ($15,000) amount shall be adjusted based upon the percentage change in the Engineering News Record Construction Cost Index for Los Angeles County for the twelve-month period ending in the month preceding the anniversary date. 5 of 24 l 1231-0001 "21172589v 14.doc D1—D4 Pg76 (ii) If the Public Safety Facility Shell has not been completed in accordance with this Agreement by the end of the sixty (60) day cure period, then Owner, at its option, may effectuate a cure and be deemed to have satisfied its obligation to deliver the completed Public Safety Facility Shell, by paying to the City within ten (10) days following expiration of the sixty (60) day cure period, an amount equal to one hundred twenty-five percent (125%) of the completion cost estimate provided by the City's independent engineer. Owner shall thereafter cooperate in turning over the jobsite, plans, and construction records (and, to the extent desired and requested by City, assigning any permits and contracts for the work over to the City) in order to facilitate the City's takeover of the construction and completion of the Public Safety Facility Shell. A cure effectuated under this paragraph shall be effective for all purposes due to a default arising out of this Section HI.M, except that it shall not prevent City from relocating the 95 residential dwelling units under the last paragraph of Section III.B.6 above. (iii) Only after Owner has failed to cure the default under either of the two preceding paragraphs, City may impose by written notice to Owner the following additional remedy: Owner shall thereafter have no right to receive, and City shall have no obligation to approve, building permits for new buildings or structures or the expansion of existing buildings or structures on the Property, until such time as the Public Safety Facility is delivered to the City, except (A) on the parcel described in Exhibit "I" (the "Northwest Parcel"); (B) any other work already under construction pursuant to a valid building permit prior to the start of O the sixty (60) day cure period; and (C) tenant improvement, remodeling, repair and reconstruction work on existing buildings and structures that do not expand building floor area. 6. Prevailing Wages. The Public Safety Facility shall be constructed as a public work of improvement for which prevailing wages shall be paid and, if applicable, bonds provided under Labor Code Section 178 1 (a)(2)(C). City and its contractors and subcontractors shall pay prevailing wages and employ apprentices in compliance with Labor Code Section 1770, et sea., and shall be responsible for the keeping of all records required pursuant to Labor Code Section 1776, complying with the maximum hours requirements of Labor Code Sections 1810 through 1815, and complying with all regulations and statutory requirements pertaining thereto. Upon the periodic request of City, Owner shall certify to City that it is in compliance with the requirements of this Section. Owner shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction, and: -or operation of the Public Safety Facility Shell, results or arises in any way from any of the following: (a) the noncompliance by Owner with any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages); (b) the implementation of Section 1781 of the Labor v Code, as the same may be amended from time to time, or any other similar law; 6 of 24 i 1231-0001 L 172589vl4.doc D 1—D4 Pg77 and.'or (c) failure by Owner to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law_ it is agreed by the parties that, in connection with the development of the Public Safety Facility Shell, Owner shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. "Increased costs," as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement." 7. Meet and Confer. Beginning on July 1, 2019, and annually thereafter, City and Owner shall meet and confer to discuss the status of development on the Property and compliance with the requirements of this Section. $, Credit Toward_Satis_fying Parking Requirements. City agrees that parking spaces constructed on the Ground Lease Parcel pursuant to the Ground Lease shall be credited toward parking requirements applicable to development on portions of the Property that are owned by Mall Owner on the date of the Fourth Amendment; provided, however, that Mall Owner shall submit a shared parking study for City's reasonable approval before such parking spaces may be credited toward parking requirements for a residential use. 5, Pursuant to Section V.B. of the Amended Development Agreement, Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of interests in all or portions of the real property comprising the Property, as defined in the Amended Development Agreement, and previously owned by Victoria Gardens -C, LLC. Rancho Mall, LLC and Rancho Mall NE, LLC hereby agree to be subject to all of the provisions of the Amended Development Agreement applicable to the portions of the Property under their respective ownership and control. Notices required by this Amended Development Agreement shall be delivered to Rancho Mall, LLC and Rancho Mall NE, LLC as follows= Rancho Mall, LLC C/o QIC 222 N. Sepulveda Blvd., Suite 2350 EI Segundo, CA 90245 Attn: Brenton Watson Rancho Mall NE, LLC c."o QIC 222 N. Sepulveda Blvd., Suite 2350 El Segundo, CA 90245 Attn: Brenton Watson 7 of 24 l 1231-0001 '-.2172589v 14.doc D1—D4 Pg78 Ele 6. Except for the amendments expressly made herein, the Amended Development Agreement remains unmodified and in full force and effect. 7. Pursuant to Section 65868.8 of the Government Code, the Parties shall mutually assure that a copy of this Fourth Amendment is recorded against the Property with the County Recorder of San Bernardino County within ten (10) days after the effective date of this Fourth Amendment. IN WITNESS WHEREOF, Owner and City have executed this Fourth Amendment as of the date first hereinabove written. "City" CITY OF RANCHO CUCAMONGA a Municipal Corporation By: ._ Mayor Attest: City Cleric Approved as to Form: City Attorney 11231-0001\221 72589v14.doc "Owner" RANCHO MALL, LLC, a Delaware Limited Liability Company By: �. Its: RANCHO MALL NE, LLC, a Delaware Limited Liability Company By: Its: 8 of 24 D1—D4 Pg79 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document_ State of California County of On , before me, , linen name and title of the officer) Notary Public, personally appeared _ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Ee 9 of 24 i 1231-0001121725S9vl4.doc D1—D4 Pg80 c NO N CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only lhci identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1123 1 -0001 \2 1725 89v 14.doc I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 10 of 24 D1—D4 Pg81 Exhibit "1" General Plan Amendment Provided as Attachment "A" to the Draft Resolution Recommending Approval of General Plan Amendment DRC2017-00969 Ee Ee 1 1 of 24 11231-000112172589v 14.doc D1—D4 Pg82 O Exhibit 112" Victoria Gardens Master Plan Amendment Provided as Attachment "A" to the Draft Resolution Recommending Approval of Victoria Gardens Master Plan Amendment DRC2017-00971 12 of 24 11231-0001 L 172589v l4.doc D1—D4 Pg83 Exhibit "F" Ground Lease Parcel oil ti �am 44" � A _ ;�_O mmame we 13 of 24 1123 1-0001\2172589v14.doc D 1—D4 Pg84 Ee Ee m m Ee 101 I Exhibit "G=' Public Safety Parcel UT .semi ear ! 1 x m '�I•'j � a � E• - i! I7 L 1$ Lli "� dj� ■ di n Z •"Ak �� a'�" ggqqr� x1! g FF- T- -FCO — al v - iti CO OO i a INNploon �g � j-N�$ _. � + 1 �L a aF� � y�j� R lf=�l� 11231-0001\2172589vl4.doc 14 of 24 D 1—D4 Pg85 51 Exhibit "H" Public Safety Facility Performance Standards, Materials, and Specifications Pursuant to Section lI1.M. of that certain Amended Development Agreement by and between the City of Rancho Cucamonga, Rancho Mall, LLC ("Mall Owner"), and Rancho Mall NE, LLC ("NE Parcel Lessee") (collectively, Mall Owner and NE Parcel Lessee are sometimes referred to herein as "Owner"), shall be required to develop, construct, and deliver to City the cold, dark shell of a building of approximately 6,300 square feet in accordance with the performance standards, materials, and specifications set forth in this Exhibit "H" and the final construction drawings provided to Owner by City. Owner shall not be obligated to construct the building except as described in this Exhibit "H" and the final construction drawings. Where two (2) alternative types of materials or structures are indicated, Owner will have the option of using either, and where no type of material or structure is indicated, Owner shall select the type of material or structure to he used with prior consent of the City. References to the California Building Code and City of Rancho Cucamonga Standards are to those regulations and standards then in effect when City provides Owner building permits for the building. Site: Owner shall provide site improvements including: Landscape and irrigation: landscape and irrigation per City of Rancho Cucamonga standards. Parking: 24 parking stalls per site plan with asphalt parking base designed for a traffic index of 5.0 consisting of no less than 3" thick asphalt concrete pavement and 4" thick crushed miscellaneous base. Parking lot striping shall be provided per City of Rancho Cucamonga standards. Sidewalks and Curbs: concrete sidewalk and curbs as per site plan and in accordance with California Building Code Title 24. Siege: Accessible site signage in accordance with California Building Code Title 24. Fence: an 8' high fence with main supports at 8' o.c. Fence shall be constructed of Wire Works Anti -Climb Mesh and Impasse Il Rails and Posts as manufactured by Ameristar Fence Company installed per manufacturer's recommendations, or equal as approved by the City of Rancho Cucamonga if unavailable at the time of construction. Vehicle gate to be provided by City of Rancho Cucamonga. Parkin Lot of Lighting: parking lot lighting to provide a minimum of 2 FC as measured on the parking surface, Parking lot light fixture to be Lithonia Lighting D -Series, Size 0 LED Area Luminaire (Model DSXO LED 40C 1000 50K T4M MVOLT SPUMBA PIRH DX XX) or equal as approved by the City of Rancho Cucamonga if unavailable at the time of construction. Color to be as specified in the final construction drawings. Floors: Owner shall provide an exposed smooth finished structural concrete, 2'-0" wide perimeter footing at all perimeter walls. City of Rancho Cucamonga shall be responsible for providing interior slab, waterproofing, penetrations, and connection to perimeter footing. 15 of 24 11231-0001 "217258904.doc D 1—D4 Pg86 O Perimeter Building Walls: Perimeter building walls shall be constructed of 8" concrete masonry units and storefront glazing and opening per plans. Concrete masonry unit shall be Angelus Block or equal. Clear Height: Owner shall provide a clear height of 12'-6" to the bottom of the roof structure. Roof: Owner shall provide fully adhered, flexible sheet roofing membrane or equal with 15 year NDL warranty. Storefront: Owner shall provide a storefront, per plans consisting of storefront glazing and doors, to be Arcadia Series TC670 or equal with tinted, insulated glass per then existing California Building Code, Title 24. Necessary upgrades shall be by the City of Rancho Cucamonga. Rear Door: Owner shall provide a 3'-0" x 7'-0" hollow metal egress door with standard lockset hardware to the exterior of the building or service corridor. Door shall be painted on Common Area side only. Electrical: Owner shall provide for 480/277 volt, 3-phase, 4 -wire, electrical service section from a central distribution point. Owner shall provide (i) an empty meter base, (ii) a breaker frame at meter board (100 amp minimum), and (iii) an empty conduit (2" trade size minimum) stubbed to the Premises. Size of service shall be, at a minimum, 600 amps. Heating, Ventilating, & Air Conditioning ("HVAC"): All HVAC roof mounted package equipment, exhaust fans, roof vents, and roof curbs to be provided by City of Rancho Cucamonga. Owner shall provide appropriate roof structure to support proposed HVAC roof mounted equipment provided that information is provided prior to the commencement of construction, otherwise City of Rancho Cucamonga shall be responsible for the necessary support. Owner shall provide an electrical conduit stub and condensate line through the roof for City of Rancho Cucamonga's connection of the unit. All connections and start-up of the HVAC units shall be the responsibility of the City of Rancho Cucamonga, including electrical hook-up, thermostat, condensate Iines and distribution within the Public Safety Building. City of Rancho Cucamonga shall be responsible for all roof penetrations, except that roof penetrations will not void roof warranty. Plumbing: Domestic Water Service: At a minimum, Owner shall provide a one inch (1") water line stubbed to rear of the Premises. City of Rancho Cucamonga shall be responsible for all meters and connection fees. Sanitary Sewer: Owner shall provide a four inch (4") sanitary sewer line stubbed to the Premises and located below finish floor. Gas: No gas to be provided. Telephone: At a minimum, Owner shall provide a single four inch (4") empty conduit from the main telephone backboard to the Public Safety Building for City of Rancho Cucamonga's installation of communication lines. 16 of 24 11231-0001 172589v 14.doc D1—D4 Pg87 Fire Sprinklers: Owner shall provide a fire sprinkler system including upright heads for the O protection of the open shell building space only, without ceilings. Fire sprinkler system shall be designed to a density and head spacing conforming with NFPA requirements and local fire jurisdiction for ordinary hazard occupancies, with up -turned heads only. Fire Alarm: To be provided by City of Rancho Cucamonga. NPDES Compliance: Owner shall prepare the Water Quality Management Plan in conjunction with the precise grading design and shall provide improvements necessary to comply with the WQMP and then current NPDES and storm water permit requirements. 101 N 17 of 24 11231-000112172589v 14.doc D 1--D4 Pg88 Ee *1 0 I I 1123 1 -0001 \2172589vl 4.doc 18 of 24 D1 -D4 Pg89 rD or, 19 of 24 11231-000112172589v 14.doc Dl -D4 Pg90 IN D v 2 f1 A r1 - u Qn z O It r+ 20 of 24 11231-000112172589v 14.doc D1—D4 Pg91 Wa SE A a' r u m G a i 21 of 24 11231-000112172589v] 4.doc D1—D4 Pg92 1123 1 -000 F2172589v 14.doc 22 of 24 Wei L F D1—D4 Pg93 23 of 24 11231-000 IL172589vl4.doc D1—D4 Pg94 0 Ele Exhibit "l" Northwest Parcel NORTHWEST PARCEL - PARCEL MAP NO. 15716-1 PARCEL MAP NO. 15641 P.M.B. 192193-100 CHURCH STREET 47 1 48 NW PARCEL I $ A ni+c... ar,no ♦ / ♦ ♦ / D 6 DESIGNATED 9 REMAINDER C 1 N.A.P. 4 7 PARCEL/ 8 E N.A.P. J `6.384 AC 2 F 3 5 0 12 Y 10G 13 15 19 23 Lu 16 17 20 Ln ul H K 18 O 11 14 I J 22 24 >- 27 Q a 29 p 25 M N 34P 2 m 28 L 28 30 31 33 35 k}6 37 38 39 �r�h J m w� a a 40 41 R42 9 43 44 45 FOOTHILL BOULEVARD LAND Y C. �.p ��r^ -+ ur m * E.p E/30/2004 No. 3640 P qrE ar L%F � PREPARED A60 THE SUPI 1123 1-0001122 l 72589v 14.doc 46 600 300 0 600 GRAPHIC SCALE OF: LEGEND 5-29-03 INDICATES SUBJECT PARCEL AREA INDICATES SUBJECT PARCEL LINE PIRES 6 3 INDICATES EXISTING PARCEL UNE 24 of 24 D1—D4 Pg95 I \46606\WP1NG\PRCL-NWA RESOLUTION NO. 18-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM19963 TO SUBDIVIDE A 5.33 -ACRE LOT INTO 2 PARCELS LOCATED GENERALLY NORTH OF THE VICTORIA GARDENS CULTURAL CENTER ON THE NORTHEAST CORNER OF ARBOR DRIVE AND CULTURAL CENTER DRIVE IN THE VICTORIA GARDENS MALL. A_ Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC (collectively, the "Applicants") jointly filed an application for Tentative Parcel Map SUBTPM19963 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map is referred to as the "Application." 2. On May 9, 2018, the Planning Commission 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 O Commission of the City of Rancho Cucamonga as follows: 1. The 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 9, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 5.33 -acre parcel that was previously approved for a 95 -unit condominium development that is mostly vacant with minimal infrastructure improvements located generally north of the Victoria Gardens Cultural Center on the north- east corner or Arbor Drive and Cultural Center Drive within the Victoria Gardens Mall ("Subject Property"). Said property is currently designated as Mixed Use. b. Development of the Subject Property is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a development agreement between the City, Rancho Mall, LLC, and Rancho Mall NE, LLC. C. The property to the north of the Subject Property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west is designated Mixed Use, and is developed with multi -family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the east with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Mainstreet Area and Route 66 of the Victoria Gardens Mall is directly south of the parcel and Foothill Boulevard lies further to the D1—D4 Pg96 PLANNING COMMISSION RESOLUTION NO. 18-21 O TENTATIVE PARCEL MAP SUBTPM19963 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 2 south, beyond which the land is developed with commercial uses and designated Regional Related Office/Commercial. d. The Application is for the subdivision of 5.33 acres of land into two parcels, with one parcel consisting of approximately 1 acre and the other parcel of approximately 4.33 acres. e. The lots are proposed to be for a future public safety facility (the 1 -acre parcel) and for a future parking lot and/or parking structure (the 4.33 -acre parcel). f. The General Plan Land Use designation of the Subject Property is Mixed Use and the properties surrounding the Subject Property are Mixed Use. g. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement found that the economic, social, or other benefits of the Victoria Gardens Master OPian outweighed the significant and unavoidable impacts identified in the EIR. h. On May 6, 2009 and in accordance with the CEQA, the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of certain amendments to the Victoria Gardens Master Plan and certain amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the development agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within the Victoria Gardens Master Plan area. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits of the project outweighed the significant and unavoidable impacts identified in the SEIR. i. Concurrent with this Application, the Applicant has also applied for General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017- 00971, and a Development Agreement Amendment DRC2017-000970 (DA01-02). The purpose of these other applications is to modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Residential Land Use Area by 95 units and to increase the maximum number of residential units in the Residential/Mixed Use Main Street Land Use Area by 95 units; to rezone the Subject Property from Residential to Civic/Parking Area and modifying various language in the Victoria Gardens Master Plan to allow the future development of a public parking O lot/structure and police substation on the Subject Property; and to incorporate the General Plan Amendment and Victoria Gardens Master Plan Amendments into the vested rights applicable to the Victoria Gardens Mail and facilitate the timing and development of the public DI—D4 Pg97 PLANNING COMMISSION RESOLUTION NO. 18-21 TENTATIVE PARCEL. MAP SUBTPM19963 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 3 safety facility in the project. Collectively, these approvals are referred to herein as the "Project." 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The design and layout of the parcel map are consistent with the objectives, policies, and general land uses specified in the General Plan, the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Pian. and the Development Code. The Subject Property is being subdivided for the development of 2 parcels for public use in association with the Cultural Center, Public Safety facility and parking lot for the Mall. b. The site is physically suitable for the parcel map and density of development which will create two (2) lots. The project will include a vehicle access point off Cultural Center Drive and Arbor Drive and will be designed to accommodate the level of traffic proposed by the development. C. The design of the parcel map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, Environmental studies were submitted and reviewed by staff as part of the EIR and SEIR and the Application was further reviewed as part of an addendum to the EIR and SEIR. Staff concluded that there would not be any significant effect on the environment. d. The parcel map is not likely to cause serious public health problems. The proposed project is for the development of 2 lots for the project for a public safety facility and barking lot/structure which generally do not include the use of hazardous materials. e. The design of the parcel 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. Access to the Subject Property will be from existing public streets surrounding the project site and access from private streets. The site is associated with an established shopping center and is an expansion of the parking area and relocation of the public safety facility. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that an addendum is required pursuant to CEQA in connection with the review and approval of this Application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise D1—D4 Pg98 PLANNING COMMISSION RESOLUTION NO. 18-21 TENTATIVE PARCEL MAP SUBTPM19963 — CITY OF RANCHO CUCAMONGA May 9, 2018 Page 4 of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances under which the project would be undertaken but which don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts had been completed to further analyze impacts related to recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. d. Based on the totality of the administrative record, the Planning Commission finds in connection with the Application, that substantial changes to the original project or the circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new information has come to light that was known or could have known at the time the EIR and SIER were adopted, and that the addendum to the EIR and SEIR complies with the requirements of CEQA and recommends that the City Council adopt the addendum as being prepared in compliance with CEQA. The purpose of the Application is to subdivide the Subject Property to allow the future development of a public parking lottstructure and police substation on the Subject Property. e. Staff further finds that the addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EIR and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. f. The custodian of records for the Addendum, Final EIR and Final SEIR and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council adopt the Addendum to the EIR and SEIR and approve Tentative Parcel Map SUBTPM19963 as shown in Attachment A. D1—D4 Pg99 PLANNING COMMISSION RESOLUTION NO. 18-21 TENTATIVE PARCEL MAP SUBTPM19963 —CITY OF RANCHO CUCAMONGA May 9, 2018 Page 5 0 The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do O hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of May 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D1—D4 Pg100 m y4WORRf 4� s"g ^ £b c 8 3 r �E � ��sh�is + �� �'�m + �� J�rr'�nr♦ g� }i�K$h4 n �I� b� .7a�GcS} h I 1 q fil a I hh!Q jib? hg 16 In 9 �Ih an Mill 11611 N 1 s CD b Z R A 3h91 � cj Q� h iii cul e6 Ila hf sihgOil� Wh 4 y xF all F .3 A r A d n i 2 y C A �$ A= �� 13 6 E s Is 0E . Kl gg ATTACHMENT A D1—D4 Pg101 3Mm NNW f11 WSW 3 1 1 1 N LIT b 1� a. ti P 1- 141s . 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