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HomeMy WebLinkAbout2018-01-24 - Agenda Packet - PC-HPC%JAIVUAKY c'r, LU 10 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. C1. Consideration to adopt Regular Meeting Minutes of January 10, 2018 C2. Consideration to adopt Adjourned Meeting (Workshop) Minutes of January 10, 2018 Page 1 of 4 %JANUAKT L141 LU 10 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. ENTERTAINMENT PERMIT DRC2017-00734- GAGGLES, INC. (SEPTEMBERS TAPROOM AND EATERY) - A request for live entertainment to include live bands with amplified music, a disc jockey and karaoke within an existing restaurant within the Neighborhood Commercial District, located at 6321 Haven Avenue- APN:0201-272-06. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 — Existing Facilities D2. TIME EXTENSION DRC2017-00982 - WSI HIGHLAND INVESTMENTS, LLC - A request for a 1-year time extension for previously approved Tentative Tract Map 1474, to subdivide 168.77 acres into 269 residential lots located in the Low (L) Residential District and Flood Control (FC) District within the Etiwanda North Specific Plan, at the northeast corner of Day Creek Boulevard and Etiwanda Avenue — APNs: 1087-081-04, 05, 06, 07, 08, 09, 10, 11 & 14. Related Files: Annexation DRC2003-01051, Specific Plan Amendment DRC2003-00409, General Plan Amendment DRC2003-00410 and Development Agreement DRC2003-00411. Staff finds the project to be within the scope of the project covered by a prior Environmental Impact Report certified by City Council in June 21, 2004, (State Clearinghouse #2003081085) by Resolution 04-240 and does not raise or create new environmental impacts not already considered in the Environmental Impact Report. E. COMMISSION BUSINESSIHISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: Page 2 of 4 JANVAKT Loy LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA F. ADJOURNMENT I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 18, 2018, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. -dp 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. Lt INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to Page 3 of 4 JANUAKT Loy LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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.CitvofRC.us. Page 4 of 4 Vicinity Map Historic Preservation and Planning Commission Meeting 1 3ase Line Church January 24, 2018 *oothill' 'E c W m — Arrow = Je 8th v � m O . � N 06th L A 4th e DD D2 Base Line Church Foothill d � Kc —�6—thArrow L ! 1 N w 4th 71r Meeting Location: City Hall/Council Chamber; 10500 Civic Center Drive Item D1: Entertainment Permit DRC2017-00734 Gaggles, Inc. (Septembers) Item D2: Time Extension DRC2017-00982—WSI Highland Investments, Inc. 0PU Y V /'"'► N I I V I L V I Q 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 Pledge of Allegiance 7:03 P.M. Roll Call: Chairman Oaxaca X Vice Chairman Macias A Commissioner Guglielmo X Commissioner Munoz X Commissioner Wimberly X B. ANNOUNCEMENTS 131. INTRODUCTION OF NEWLY APPOINTED HISTORIC PRESERVATION/PLANNING COMMISSION MEMBER TONY GUGLIELMO Chairman Oaxaca made the introduction and welcomed Commissioner Guglielmo. Commissioner Guglielmo spoke of his family and his profession as a real estate broker. He said he looks forward to helping shape the future of this beautiful city C. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. None Page 1 of 4 Cl—Pgl JAN UARY 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D. 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. D1. Consideration to adopt Regular Meeting Minutes of December 13, 2017 D2. Consideration to adopt Adjourned Meeting (Workshop) Minutes of December 13, 2017 Moved by Wimberly, seconded by Munoz carried 4-0-1 (Gughelmo abstain) E. COMMISSION BUSINEWHISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Commissioner Munoz commented on League of California Cities activities and indicated the deadline for submission of bills is late next week and he will provide an update at a later time. He noted there is a rumor of bringing back the RDA and the legislature is looking at various legal reforms COMMISSION ANNOUNCEMENTS: Commissioner Munoz and Chairman Oaxaca thanked staff for the wonderful holiday party and awards event. F. ADJOURNMENT The Commission adjourned at 7.,08 P_M_ to a workshop in the Rains Room to discuss The Resort -Phase 1 C. 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 Page 2 of 4 C1—Pg2 JAN UARY 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA January 4, 2018 seventy two (72) hours prior to the meeting per Government Code 54964.2 at 10500 Civic Center Drive. ,des 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 indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m except for legal City holidays. Page 3 of 4 C1—Pg3 JANUARY 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 decksions 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 4 of 4 Cl—Pg4 JANUARY PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M.* - CALL TO ORDER Roll Call: Chairman Oaxaca X 7:15 P.M. Vice Chairman Macias _A_ Commissioner Guglielmo _X� Commissioner Munoz X_ Commissioner Wimberly X— B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individual members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. None C. DISCUSSION ITEMS PLANNING COMMISSION C1. PRE -APPLICATION REVIEW DRC2017-00885 - LEWIS MANAGEMENT CORP. -A request for a Pre -Application Review of a proposed recreation/community building of 10,769 square feet and open space amenities on 3 parcels with a combined area of 1.94 acres within the Empire Lakes Specific Plan, Planning Area 1, located north of 4th Street, south of 6th Street, west of Milliken Avenue, and east of Utica/Cleveland Avenues. The specific location of the project site is at the southeast corner of 6th Street and The Vine.; APN: 0210-082-92. Related files: General Plan Amendment DRC2015-00114, Specific Plan Amendment DRC2015- 00040, and Tentative Tract Map SUBTT20073. Mike Smith, Senior Planner introduced the workshop item for a proposed recreation building at the Resort -Phase IC. It will be private and gated for the use of the for -sale property owners in Phase IS. Page 1 of 4 C2—Pg1 JANUARY PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Public access will lead to the tunnel at the north side of the project side. He noted contemporary architecture is largely acceptable and that this design incorporates 360-degree architecture that will be visible from 6"- Street. He said there is -movement of the wall planes and it is an interesting building design. Bili Kennedy, representing the applicant's team said the facility will serve the for -sale dwelling owners both north and south of 6r" Street and that there will be another facility further south for rental unit residents Cathy Baranger, of WHA Architects said she worked on the specific plan and analyzed the design for consistency with the plan -using materials such as non -fading wood tiles and high -quality windows. Mr. Kennedy provided samples of the exterior stucco and noted the wood the (2 variations) will be used both on the pool area pathway to the iON and on vertical surfaces of the building He noted the large rectangular cream -colored stone will be used for building cladding. He reviewed the interior spaces of the building plans. Commissioner Guglielmo asked if the public art will be at a fixed location. Mr. Kennedy said there is an entrance piece proposed but will require levels of review. He said there are 5 panels that are flexible -any medium can be used, they are replaceable and removable, He said the replacement program needs to be developed. Commissioner Guglielmo asked if the pool has a beach entry" and if the dog area is separate from the pool area Mr. Kennedy replied affirmatively and noted the pool entry tapers and then meets the lap pool entry, - there is a gradual increase of depth. He said there is pool fencing and there are two dog -washing stations that are separate from each other and have dedicated perimeter fencing. Chairman Oaxaca asked for Final Commission comments Commissioner Munoz said it is good work for a first shot -well done. Commissioner Oaxaca said the applicant did a very nice job, they articulated the specific plan well with design and material choices He said great job by the team and we would expect no less going forward, Commissioner Munoz said he likes how the architecture wraps in to the site location and works into the ION. Page 2 of 4 C2-Pg2 JANUARY PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Guglielmo said it looks great. He likes the modern look and appreciates the provision for the taxi station. Mr, Kennedy said it fits with the overall development concept (use of fewer vehicles, walkability, use of public transit/Metrolink). He said they plan to provide more of these stops elsewhere in The Resort as they will be useful getting people to the train. He said they also plan to install 3 charging stations, D. ADJOURNMENT 7:45 P.M. 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 January 4, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. des 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 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 Page 3of4 C2—Pg3 .JANUARY PLANNING COMMISSION WORKSHOP MINUTES RAINS ROOM RANCHO CUCAMONGA CIVIC CENTER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA per individual If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments_' There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners, A copy of any such materials should also be provided to the Secretary to be used for the official public record_ All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director, AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days, Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2.725 for all decisions of the Commission (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers white the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 4 of 4 C2—Pg4 DATE: January 24, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Nikki Cavazos, Assistant Planner SUBJECT: ENTERTAINMENT PERMIT DRC2017-00734 - GAGGLES, INC. (SEPTEMBERS TAPROOM AND EATERY) - A request for live entertainment to include live bands with amplified music, a disc jockey and karaoke within an existing restaurant within the Neighborhood Commercial District, located at 6321 Haven Avenue- APN:0201-272-06. Related Files: Conditional Use Permit Modification DRC2014-00678. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 — Existing Facilities. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution of Approval for Entertainment Permit DRC2017-00734. SITE DESCRIPTION: The application applies to an existing full -service restaurant with a bar in a single tenant building located within an existing 13-acre shopping center bounded by Lemon Avenue to the north, Haven Avenue to the west, the State Route 210 Freeway to the south and an existing condominium complex to the east. The single tenant building consists of an interior space of 4,368 square feet and a 377-square foot outdoor patio. The building is located directly on the southeast corner of Haven Avenue and Lemon Avenue and is approximately 14 feet below the street grade of Lemon Avenue. The shopping center is currently improved with multiple buildings, landscaping and parking areas. The existing land uses on, and the General Plan and Zoning designations of, the subject property and the surrounding properties are as follows: Land Use General Plan Zoning site Commercial Neighborhood Commercial Neighborhood Commercial Shopping Center NC District North Single -Family Low Residential (2.0-4.0 Low -Medium Residential Residences Dwelling Units Per Acre) (LM District South SR-210 Freeway N/A N/A East Condominium Medium High Residential (14.0- Medium -High Residential Complex 24.0 Dwelling Units Per Acre) (MH District West Commercial Neighborhood Commercial . Neighborhood Commercial Shopping Center NC District D1—Pg 1 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT DRC2017-00734 -GAGGLES, INC (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 2 PROJECT BACKGROUND: The subject building was previously occupied by McAlan's Pub & Grill. Operations of McAlan's was originally approved by the Planning Commission under Conditional Use Permit CUP00-03 on March 22, 2000, which permitted a bar in conjunction with a restaurant. Concurrent with that approval, the Planning Commission also approved Entertainment Permit EP00-01 which allowed for acoustic trio music performances and karaoke. The original hours of operation and entertainment hours for CUP00-03 and EP00-01 were as follows: Hours of Operation Entertainment Tvpe Sun - Thurs: 11:30 a.m. until 11:00 p.m. Weds: - Karaoke Fri - Sat: 11:30 a.m. to 2:00 a.m. Thurs - Sun: Singer, Bands, Piano On June 14, 2000, a modification to Conditional Use Permit CUP00-03 was approved by the Planning Commission to permit the addition of a 377-square foot outdoor patio area for dining and alcohol consumption. On June 23, 2010, the Planning Commission approved an application for DRC2010-00188 (Conditional Use Permit) requesting modifications to the floor plan, hours of operation, and the type and hours of entertainment. The application is summarized as follows: Hours of Operation Entertainment Type/Hours Sun -Weds: 9:00 a.m. to 12:00 a.m. Thurs: 8:00 p.m. to 12:30 a.m. Bands* or Karaoke Thurs: 9:00 a.m. to 1:00 a.m. Fri -Sat: 8:00 p.m. to 1:30 a.m. Bands* or Karaoke Fri -Sat: 9:00 a.m. to 2:00 a.m. *Limited to two (2) nights of bands each week. (2:00 a.m. for major holiday Weekends — New Years, Labor Day, Memorial Day, Saint Patrick's Day) As part of the approval of this application, the City included a condition requiring all alcohol sales and consumption to cease no less than thirty (30) minutes before closing. This condition was to ensure that all patrons have adequate time between consuming a drink and leaving the establishment. On June 22, 2011, the Planning Commission approved another application for DRC2010-00188M (Conditional Use Permit) requesting a modification to the hours of operation. The modification allowed the Restaurant/Bar to be open from 9:00 a.m. to 2:00 a.m. seven days a week. No changes to the existing Entertainment Permit were proposed. In March of 2012, the Entertainment Permit was surrendered by the owner of McAlan's Pub & Grill after a series of violations and law enforcement calls for service. The owner voluntarily surrendered the Entertainment Permit in order to demonstrate a good faith effort that the business was working towards solving the problems. The restaurant was sold to Jason Shaw, and under his ownership, on September 25, 2013 the Planning Commission approved a new application for DRC2013-00519 (Entertainment Permit) requesting to have ,live entertainment such as a DJ, six -piece band, and dancing within the DI—Pg 2 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT DRC2017-00734 -GAGGLES, INC (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 3 existing restaurant. Although this Entertainment Permit was granted, it was never transferred to the Septembers Taproom and Eatery in 2014 when the business was purchased by the current owner and it was never annually renewed and therefore expired. Development Code section 17.20.020 states that an Entertainment Permit may be transferred or assigned to another person or business entity at the same physical location, provided there is no intensification or substantial alteration of the originally approved entertainment use. Any request for transfer of an entertainment permit due to change in ownership needed to be submitted in writing to the Planning Director for review and approval. The business was sold in 2014 to Gaggles, Inc. and on August 13, 2014, the Planning Commission approved a Conditional Use Permit (DRC2014-00678) (Exhibit F) to modify the floor plan and hours of operation for the existing restaurant and bar. The floor plan changes included moving the bar off to the east side of the restaurant so that it was not a focal point when entering the restaurant. The hours were from 7:00 am to 2:00 am every day to allow for flexibility with special events. On August 18, 2017, staff conducted an inspection of Septembers and observed entertainment occurring within the restaurant. Staff contacted the owner on August 21, 2017 and informed him that any Entertainment Permit used by the previous owner was expired and a new Entertainment Permit would be required if he wished to continue having live entertainment in the form of amplified music. The applicant submitted their application for an Entertainment Permit on September 11, 2017. ANALYSIS: A. General: The applicant is proposing to add live entertainment to the restaurant/bar. This variety of entertainment will consist of live bands, a disc jockey, and karaoke. No dancing is proposed. The entertainment is proposed to occur seven days a week with the following hours. Sunday: Monday -Wednesday: Thursday: Fri -Saturday: Hours of Operation 9:00 a.m. - 11:00 a.m. 11:00 a.m. - 11:00 p.m. 11:00 a.m. - 12:00 a.m. 9:00 a.m. - 2:00 a.m. Entertainment /Hours 1:00 P.M. - 10:00 P.M. 6:00 p.m. - 10:00 p.m. 6:00 p.m. - 11:00 p.m. 6:00 p.m. - 1:00 a.m. B. Compatibility of Use: The subject application is a request to allow live entertainment in conjunction with a Restaurant/Bar use. The subject site has a General Plan land use designation of Neighborhood Commercial, which is defined as: `The Neighborhood Commercial designation provides for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods and offering convenient retail goods and services for residents. Examples of permitted uses include small-scale restaurants, grocery and convenience stores, service businesses that generate limited traffic, and boutique retail sales. Neighborhood Commercial centers should be compatible in design and scale with adjacent residential areas." The subject site is located in close proximity to residential neighborhoods, and therefore could potentially create impacts unless mitigated. Due to the fact that the existing building D1—Pg 3 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT DRC2017-00734 -GAGGLES, INC (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 4 is approximately 14-feet below street grade, and all parking areas are located south of the building, potential noise and light issues will be sufficiently attenuated. Furthermore, Staff believes that with the conditions of approval that apply to the existing Conditional Use Permit combined with the operational characteristics and security plan for the Entertainment Permit, the potential operational impacts of the business can be mitigated in order to prevent impacts to adjacent residential uses and businesses. To ensure the entertainment activities comply with City and Police Department requirements, there is a condition of approval requiring a follow-up review of the application by the Planning Commission 6 months after the date of adoption of the Resolution of Approval. C. Security: A Security Plan (Exhibit D) prepared by the applicant has been reviewed and accepted by the Police Department. The Police Department has determined that if the procedures in it are followed and the business is operated in a responsible manner, negative activities will be minimized to an acceptable level and therefore they have no objection to the proposed Entertainment Permit. The security plan addresses potential situations during business operations, as well as ensures proper alcohol service. The security plan describes their security personnel's role in dealing with any issues that may arise. Any time live entertainment takes place security will be maintained by a minimum of two security staff. The security staff will patrol both inside and outside the building. At the end of live events security staff will be deployed outside to assist and ensure patrons leave safely. Random outside patrol checks will be conducted nightly. The goal of the security staff is to have all patrons out of the building at closing and out of the parking area 15 minutes later. In addition to the security provisions proposed, staff has included a condition of approval that will require an employee who serves alcohol to obtain a Certificate of Completion for training in the proper service of alcohol (L.E.A.D. or equivalent). Also, an additional condition of approval has been included, requiring the applicant to cease all alcohol sales no less than thirty (30) minutes before closing. This is to ensure that all patrons will have adequate time between consuming a drink and leaving the establishment. FACTS FOR FINDING: The purpose of an Entertainment Permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. The following are facts to support the necessary findings: Finding: The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals or welfare. Fact: The applicant has provided a security plan and conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes. D1—Pg 4 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT DRC2017-00734 -GAGGLES, INC (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 5 2. Finding: The premises or establishment is likely to be operated in a legal, proper and orderly manner. Fact: The applicant has submitted an operational plan that includes a security plan that has been reviewed and accepted by the Police Department to minimize negative activities. 3. Finding: Granting the application would not create a public nuisance. Fact: The applicant has applied for this Entertainment Permit and provided all required documents to allow for an extensive review of the proposed use along with the existing use. With the conditions of approval included within the resolution, the use will not create a public nuisance. 4. Finding: The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. Fact: The site sits 14 feet below Lemon Avenue and conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.66.050 G of the Development Code and will not create adverse impacts upon adjacent uses. 5. Finding: The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. Fact: The applicant has provided an abundance of information to the Planning Department and has been accessible throughout this process. ENVIRONMENTAL ASSESSMENT: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities — because the project entails the minor operational changes to an existing restaurant and bar and there is no substantial evidence that the project may have a significant effect on the environment. FISCAL IMPACT: The addition of entertainment may create a positive fiscal impact for the City through increased sales tax revenue generated by additional patronage of the restaurant and bar. COUNCIL GOAL(S) ADDRESSED: No Council goals are addressed however, the application is in accordance with General Plan Policy LU-1.3 that encourages commercial centers to provide a broad range of retail and service needs for the community. The addition of live entertainment will expand the restaurant's services and attract a wider range of residents. D1—Pg 5 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT DRC2017-00734 -GAGGLES, INC (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 6 CORRESPONDENCE: This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. On January 16, 2018, one individual came to the public counter regarding the notice. The individual lives on Callaway Place and stated that in the past, she has heard music coming from the establishment when their doors or windows are open. She also requested that Septembers shut down the entertainment by midnight on Fridays and Saturdays instead of 1:00 AM. Staff explained that a condition of approval is included within the resolution that requires the applicant to keep all doors and windows closed during entertainment hours. Historically, other like establishments have been allowed to have entertainment hours past midnight and staff believes that the conditions of approval will mitigate any impacts to the surrounding neighbors. In addition, staff will be conducting an annual review of the establishment in order to review and evaluate any complaints received from surrounding home owners or businesses. EXHIBITS: Exhibit A - Vicinity and Aerial Map Exhibit B - Site Plan Exhibit C - Floor Plan Exhibit D - Security Plan Exhibit E - Entertainment Operations Summary Exhibit F - Staff Report (Without Exhibits) and Resolution of Approval No.14-31 for Conditional Use Permit DRC2014-00678 Draft Resolution of Approval for Entertainment Permit DRC2017-00734 D1—Pg 6 m Base Line Vicinity Map Entertainment Permit D RC2017=0073400 Church c ;. Project Site F Base Line Church Foothill Arrow ' Arrow J rsey4�E 8th Wo Ih H 6thw t7 = _ l4th *City Hall N A LEMON AVE. ° o r o••o• oyeoo .r V I jrfi ff 41 i J're f f J, —..----- I I c 'r ExISTwC e e • a • • PATNCOOF ST RAVEL SLOPE NOT TO EXCEED Oz r.:mn rat a �t 1N DIRECTION OF TRA4EL AND SLOPE NOT TO EXCEED :x OISASLED ACCESS NOTES) EXHIBIT B D1-Pg9 m r t � , 1�; � 1 r EXHIBIT C YJ -"No"= omm N mm °au [ S (Mo a em °anon x=a U) IOHO * K008 "I 59'100V9 y W y 0. 0 0 D1—Pg 10 ,k-6=-- SEPTEMBERS TAPROOM & EATERY October 20, 2017 Proposed Project: Septembers Taproom & Eatery — Entertainment Permit RE: Permit # DRC2017-00734 Subject: Security Plan (Revised; Original Submission 9/21/17) Gaggles, Inc. utilizes a Licensed and Bonded Southern California Security Company to monitor Septembers Taproom & Eatery during late night entertainment. From the hours of 8pm-2am on Friday and Saturday nights, a team of security guards monitor the premises. The security team consists of two uniformed security guards. The security guards are required to wear black pants and a plain black T-shirt/Polo/Jacket with a printed, identifiable Security Logo/Badge. All security will be easily identifiable to guests, employees, Law Enforcement, and Emergency Services, etc. Security will not work at any time without a security uniform on. Guard 1— Roving Security Guard, stationed throughout restaurant and patio area • Responsible for all security and Safety within the establishment • Roves entire venue to ensure patron flow, keeping aisles and exit pathways clear • Monitors restaurant for Occupancy • Ensures safety in all areas of the restaurant • Monitors patron's behavior and beverage consumption throughout the restaurant Guard 2 — Stationary Security Guard, stationed at the front door to monitor entry and exit of all patrons. • Checks for proper identification, by use of a digital ID scanner • Enforces zero tolerance policy towards narcotics and contraband • Counts all persons entering and exiting the restaurant • Maintains properly cued lines, if necessary • Monitors immediate and adjacent parking areas for the following: o Loud music o Drinking n vehicles o Yelling and shouting o Traffic flow Security personnel have been informed and trained on the Security Issues Policies as outlined In the Conditional Use Permit DRC2014-00678 that was approved by the City of Rancho on August 131', 2014. Itica Ave, Suite 150 * Rancho Cucamonga, CA 91730 Ph (909) 758.0811 * Fax (909) 758.0812 EXHIBIT ® D1—Pg 11 SEPTEMBERS TAPROOM & EATERY For reference all points, as outlined in the Conditional Use Permit DRC2014-00678, are listed below: Security Issues (as outlined on the C.U.P.) 17) Except in case of emergency, the licensee shall not permit its patron to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 18) Any patron who 1) fights or challenges another person to fight, 2) maliciously and willfully disturbs another person by load or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violet reaction shall be removed from the premises. 19) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the action taken. 'objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passerby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 20) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated person; establishing a reasonable ratio of employees to patrons based upon activity level in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Ucensee(s);verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential Intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 21) Contract security services shall be familiar with establishment's written security policy and procedures by reviewing them and signing they have read and understood the policy. The signed acknowledgment shall be kept in file relating the security manual. 22) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga Business license. 23) The applicant shall maintain a closed-circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of type operation. Cameras are to be recorded and a library of events shall be kept and available for a minimum of 30 days for inspection by the City of Rancho Cucamonga Police Department. 8656 Utica Ave, Suite 150 ♦ Rancho Cucamonga, CA 91730 Ph (909) 758-0811 x Fax (909) 758-0812 D1—Pg 12 SEPTEMBERS TAPROOM & EATERY In addition to security personnel, Septembers Taproom & Eatery utilizes an 18-camera electronic security system by means of a CCTV (Closed Circuit Television system) which will feed into a control room. This camera system will provide coverage of all interior areas, Including all entrances and exits to the premises. The camera system will be activated and in use during any business activity. Advanced digital recording will store all data from the CCTV. All data will be maintained for no less than a 30-day period. All digital recording shall be made available to the Rancho Cucamonga's Sheriffs department upon demand. Enclosed is a diagram of the 18 cameras identifying their locations and directional angles. Gaggles, Inc. dba Septembers Taproom & Eatery, in its two years of operations, has not had any instances relating to security issues, The security measures, outlined in the C.U.P. were approved and accepted by the City of Rancho Cucamonga on August 131, 2014. Septembers Taproom & Eatery will continue to abide by the terms outlined above remaining compliant and providing safety to its patrons, employees and community. Sincerely, Jennifer Towles President Enclosed: Exhibit C: Floorplan (indicating security camera locations and directional angles) 8656 Utica Ave, Suite 150 * Rancho Cucamonga, CA 91730 Ph (909) 758-0611 * Fax (909) 758.0812 D1—Pg 13 TJ '.ONO"am cuam min lam S (MMO • Vi SNrn+n IM001) A0110 V WOOH dV1 STt90tl0 �t ! V�Cr r. �Itsl"�y-ur i nnn inn 11 \I I ii �1 a 0 F4 j?s+,ii_i ltceart3 eei^.`; ai ° tai 1a t 3 q�Stlt.i? i e @iaal_ if i1=.j' I.vfj i �v lie ii : �{1j i i '� nij a v,1�1i ;palie filet t=i air�'I`aiiF 1-gri,I ��a • ,11 • T a �Y,'I lPtil. aE@M .1: ,i I@tst_?.i ?i. a, ? ili pp B9 ,1)GevI iii e13 ?7-' 9g e,q ill i yi�i 1{t 1 i a!! �1i •.'�� at1; a IN Ivv 'io ?+ d . e it I 1.I i.7I • . it e.11?.?e ;.. of -v Y[T:I "• m tv' • w i{ 1 e, J ia7+ 'Pill p vi o I { 1.11 11] I 1 pp Ii' Il j j pp fifi lgtt 9�i i,�i <'IaS?&ii41 vv iI 1 II 1!8 3 It31?t a 141.'MEt V. ilia'jigsa� 21 b o-•I ? ;• 11 :� iha� i,1; �k, T�Aj'e: -CEO �g at li a v v P Iv.y:jl�tii o-1 g .�,? °a L u ri.rii" ill{?ii,Iili15 �i 93��ai a 1 o r,4 1 i o- �ii eLLzGt DI—Pg 14 SEPTEMBERS TAPROOM & EATERY October 20, 2017 Proposed Project: Septembers Taproom & Eatery — Entertainment Permit RE: Permit # DRC2017-00734 Subject: Proposed Entertainment Plan (Revised; Original Submission 9/21/17) Entertainment at Septembers Taproom & Eatery would consist of family friendly bands (either amplified or acoustic), with an occasional use of a Disc Jockey or Karaoke Jockey. The regular operating hours and proposed entertainment hours are outlined below. Regular Operating Hours Proposed Entertainment Hours Sunday: 9:00am—11:00pm 1:00pm - 10:00pm Monday -Wednesday: 11:00am — 11:00pm 6:00pm - 10pm Thursday: 11:00am—12:00am 6:00pm - 11pm Friday -Saturday: 11:00am — 2:00am 6:00pm - 1:00am Septembers Taproom & Eatery will not have entertainment on every day of the week and will limit live entertainment to no more than 5 nights in one week. The Proposed Entertainment Hours requested above, will allow flexibility to book entertainment on any day of the week (not to exceed 5 days in one week) to accommodate special events and holidays, In addition, live entertainment will be limited to no more than 6 hours on any given day. Live entertainment shall be limited to a six (6) piece or less band or a single Disc Jockey or Karaoke Jockey. Bands performances will be either be amplified or non -amplified six (6) piece or less, performing a range of rock music from classic rock to modern/Avant guard styles, featuring mostly, guitar and bass player, drummer, and a singer. If a Disc Jockey or Karaoke Jockey is used, an example of the music played would be Top 40's, Country, or themed 70's, 80's and 90's Music. All entertainment will be restricted to the northwest comer of the dining room (see attached floorplan diagram for a more detailed description). In reference to the request to indicate on the floorplan, the dance floor; our original submission on September 21st, 2017, did not indicate that information due to the fact that there is no dance floor in the restaurant. The permit for live entertainment Is requested only for guest ambience and audible entertainment. Septembers Taproom & Eatery makes every effort to keep the dynamic of the restaurant focused on being a great place to eat, drink, and visit with family and friends in a relaxed setting. Utica Ave, Suite 150 x Rancho Cucamonga, CA 91730 Ph (909) 758.0811 r Fax (909) 758.0812 EXHIBIT E D1—Pg15 SEPTEMBERS TAPROOM B EATERY Per the Project Screen Check Letter (RE: Design Issues or Preliminary Conditions of Approval D. Building and Safety Service Department, B&S.1), Septembers Taproom & Eatery agrees and will comply that during any entertainment performance the displaced tables and chairs will be stored away in the storage room or other location outside the dining room and will not obstruct any path of exit travel. It is also agreed and will be enforced/monitored that, during performances, instruments and/or performers will not obstruct or reduce the width of the exit pathway. No admission fees will be charged to patrons entering September Taproom & Eatery for purposes of entertainment. Sincerely, Jennifer Towles President Enclosed: Exhibit A: Floorplan (Indicating location for live entertainment) Exhibit B: Site Plan 8656 U[Ica Ave, S01te 150 s Rancho Cucamonga, CA 91730 Ph (909) 758.0811 r Fax (909) 758-0812 D1—Pg 16 STAFF REPORT PLANNING DEPARTMENT DATE: August 13, 2014 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: Candyce Burnett, Planning Manager BY: Steve Fowler, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT MODIFICATION DRC2014-00678 - GAGGLES INC - A request to modify the floor plan and hours of operation to an existing Conditional Use Permit DRC2013-00519 at a restaurant with a full -service bar and entertainment within the Neighborhood Commercial District, located at 6321 Haven Avenue - APN: 0201-272-06. This item is categorically exempt per Section 15301 of the RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit Modification DRC2014-00678 through the adoption of the attached Resolution of Approval and Standard Conditions. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Single -Family Residential — Low Medium Residential District (4-8 dwelling units per acre) South - SR-210 Freeway East - Condominium Complex - Medium -High Residential (14-24 dwelling units per acre) West - Commercial retail Center— Neighborhood Commercial District B. General Plan Designations: Project Site - Neighborhood Commercial North - Low Residential South - SR-210 Freeway East - Medium -High Residential West - Neighborhood Commercial C. Site Characteristics: The application proposal applies to an existing full -service restaurant with a bar in a single tenant building located within an existing 13-acre shopping center bounded by Lemon Avenue to the north, Haven Avenue to the west, the SR-210 Freeway to the south and an existing condominium complex to the east. The single tenant building includes a 4,358 square foot interior space with a 377 square foot outdoor patio. The building is located directly at the southeast corner of Haven Avenue and Lemon Avenue and is approximately 14 feet below the street grade from Lemon Avenue. The site is currently improved with multi -tenant, pad tenant, and in -line tenants with landscaping, lighting, and parking areas. BACKGROUND On March 22, 2000. Conditional Use Permit 00-03 was approved for McAlan's Pub and Grill, which permitted the operation of a bar in conjunction with a restaurant. Concurrent with that approval, the Planning Commission also approved Entertainment Permit EP00-01, which allowed for acoustic trio PLANNING COMMISSION STAFF REPORT DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 2 music performances and karaoke. The original hours of operation and entertainment hours for CUP00-03 and EP00-01 were as follows: Hours of Operation Sunday through Thursday: 11:30 a.m. until 11:00 p.m, Friday through Saturday: 11:30 a.m. to 2:00 a.m. Entertainment Type Wednesdays: Karaoke Thursday through Sunday: Singer, Bands, Piano Subsequently, on June 14, 2000, a Modification to Conditional Use Permit CUP00-03 was approved by the Planning Commission to permit a 377 square foot outdoor patio area for dining and alcohol consumption. On June 23, 2010, the Planning Commission approved an application for Conditional Use Permit DRC2010-00188 requesting modifications to the floor plan, hours of operation, and the type and hours of entertainment. The application is summarized as follows: Hours of Operation Sunday through Wednesday: 9:00 a.m. to 12:00 a.m. Thursdays: 9:00 a.m. to 1:00 a.m. Friday through Saturday: 9:00 a.m. to 2:00 a.m. (2:00 a.m. for major holiday weekends — New Years, Labor Day, Memorial Day, Saint Patrick's Day) Entertainment Type/Hours Thursdays: 8:00 p.m. to 12:30 a.m. Bands* or Karaoke Friday through Saturday: 8:00 P.M. to 1:30 a.m. Bands* or Karaoke *At no time shall there be more than two (2) nights of bands each week. In addition to the applicant's request, an additional condition was included to cease all alcohol sales and consumption no less than thirty (30) minutes before closing. This condition was to ensure that all patrons had adequate time between consuming a drink and leaving the establishment. On June 22, 2011, the Planning Commission approved another application for a modification to Conditional Use Permit DRC2010-00188M requesting a change to the hours of operation. The modification allowed the Restaurant/Bar to be open from 9:00 a.m. to 2:00 a.m. seven days a week. At that time, an Entertainment Permit was in effect. In March of 2012, under previous ownership, the Entertainment Permit was surrendered. On September 25, 2013, the Planning Commission approved Entertainment Permit DRC2013-00519 for McAlan's Pub and Grill that was operated by Mr. Jason Shaw to allow live entertainment such as a DJ, live bands, karaoke, and dancing within an existing restaurant with a full service bar. The entertainment was approved to occur seven days a week, Monday through Friday 6:00 p.m. to 1:00 a.m. and Saturdays and Sundays from 1:00 p.m. to 1:00 a.m. A Security Plan was submitted and approved with the application and is still valid. D1—Pg 18 PLANNING COMMISSION STAFF REPORT DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 3 ANALYSIS: A. General: The applicant is proposing to take over McAlan's Pub and Grill by changing the name to Gaggles Taproom & Chow and modifying the existing floor plan by moving the bar off to the east side of the restaurant so it is not the focal point when entering the restaurant. The applicant Is also modifying the hours of operation. Generally, the business will be open Sunday through Thursday 11:00 a.m. to 12:00 midnight, with Friday and Saturday hours being 11:00 a.m. to 2:00 a.m. The applicant is requesting the maximum hours of operation to be from 7:00 a.m. to 2:00 a.m. to allow for flexibility with special events. B. Compatibility of Use: The subject application is a request to modify the existing floor plan and to modify the hours of operation as stated above. The subject site has a General Plan land use designation of Neighborhood Commercial, which is defined as: "The Neighborhood Commercial designation provides for small-scale shopping centers (5 to 15 acres in size) located near or within residential neighborhoods and offering convenient retail goods and services for residents. Examples of permitted uses include small-scale restaurants, grocery and convenience stores, service businesses that generate limited traffic, and boutique retail sales. Neighborhood Commercial centers should be compatible in design and scale with adjacent residential areas." The subject site is located In close proximity to residential neighborhoods, and therefore could potentially create impacts unless mitigated. Because of the fact that the existing building is approximately 14 feet below street grade, and all parking areas are located south of the building, potential impacts from noise and light issues are sufficiently attenuated. Staff believes that with the previous conditions of approval and the operational Security Plan, the potential operational Impacts of the business are addressed. The applicant also operates "Corky's" restaurant within the same shopping center near the southeast corner of the site. This establishment has been operating for many years without incident. The model of the new restaurant is a family restaurant with a sports bar feel with several televisions and different types of entertainment in the evening such as live bands, karaoke, and a DJ. C. Environmental Assessment: The Planning Department staff has determined that the project Is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project entails the minor operational changes to an existing restaurant and bar including changes to the hours of operation and modification to the floor plan, and there is no substantial evidence that the project may have a significant effect on the environment. 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. Respectfu submitted, T Candyce melt vC Planning anager CB:SF/ge D1—Pg 19 PLANNING COMMISSION STAFF REPORT DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 4 Attachments: Exhibit - Business Plan Exhibit B - Floor Plan Exhibit C - Site Plan Exhibit D - Aerial Exhibit E - Menu Draft Resolution of Approval for Conditional Use Permit DRC2014-00678 D1—Pg 20 RESOLUTION NO, 14-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2014-00678, A REQUEST TO MODIFY CONDITIONAL USE PERMIT DRC2010-00188M TO MODIFY THE FLOOR PLAN AND HOURS OF OPERATION FOR A 4,368 SQUARE FOOT FULL -SERVICE RESTAURANT AND BAR INCLUDING A 377 SQUARE FOOT OUTDOOR PATIO, NORTH OF THE SR-210 FREEWAY AND SOUTH OF LEMON AVENUF WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6321 HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0201-272-06. A. Recitals. 1. Mr. Mike Towles, owner of Gaggles, Incorporated, filed an application forthe issuance of Conditional Use Permit DRC2014-00678, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 13th day of August 2014, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded the public hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred B. Resolution. NOW, THEREFORE, it Is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing on August 13, 2014, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 6321 Haven Avenue with a street frontage of approximately 975 feet and lot depth of approximately 615 feet and which is presently improved with an existing shopping center consisting of pad buildings, inline tenant buildings, parking areas, and landscaping; and b. The property to the north of the subject site is an existing single-family subdivision within the Low Residential zoning district; the property to the south consists of the SR-210 Freeway; the property to the east is an existing condominium complex within the Medium High Residential zoning district; and the property to the west is an existing shopping centerwithin the Neighborhood Commercial District; and C. The subject site has a General Plan land use designation of Neighborhood Commercial. The proposed use is in accordance with General Plan Policy that encourages commercial centers to provide a broad range of retail and service needs for the community. With D 1—Pg 21 PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 2 the modifications of the floor plan and the hours of operation of the restaurant, including the applicable conditions, the restaurant can expand its services and attract a wider range of residents to the shopping center, and d. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and e. The proposed use complies with each applicable provision of the Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.66.050 of the Development Code and will not create adverse impacts upon the adjacent uses. 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the speck findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site Is located as it is a commercial use that provides choices and competition for merchants and residences. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity since the use is compatible with the surrounding land uses. C. The proposed use complies with each of the applicable provisions of the Development Code as it requires a Conditional Use Permit to serve distilled spirits for on -site consumption with a meal and this application satisfies that requirement. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities, because the project is only for the modification of the hours of operation and interior floor plan for an existing restaurant. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions and the Security Plan attached hereto and incorporated herein by this reference. Planning Department 1) Approval is hereby granted for Conditional Use Permit DRC2014-00678, the modification of Conditional Use Permit DRC2010-00188M, including modifications to the hours of operation and floor plan for an existing D1—Pg 22 PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 3 4,368 square foot full service restaurant and bar including a 377 square foot outdoor patio located north of the SR-210 Freeway and south of Lemon Avenue within the Neighborhood Commercial District, located at 6321 Haven Avenue - APN: 0201-272-06. 2) The days and hours of operation shall be limited to 7:00 a.m. to 2:00 a.m., seven days a week, with the business generally operating Sunday through Thursday 11:00 a.m. to 12:00 midnight and Friday and Saturday from 11:00 a.m. to 2:00 a.m. 3) The sale and consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition #2. 4) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, oremployees, because of the issuance of such approval, or in the alternative, to relinquish such approval. 5) No modification to the floor plan or intensification of the use shall be permitted without prior review and approval by the Planning Manager. Alcohol Service 6) The applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment as defined by Section 5.12 of the Municipal Code. (Definition of ID Scanner: An ID Scanner automates and documents the age of verification process by scanning the ID through a card reader). The ID Scanner should record and timestamp the name, identification number, and date of birth on the identity card provided by patrons. This information should be recorded and maintained for a minimum of thirty (30) days. The business will provide the ID Scanner records to law enforcement upon request. 7) If persons under 21 years of age are allowed on the premises after midnight, the licensee(s) must utilize separate types of glassware to distinguish alcoholic drinks from non-alcoholic drinks. Additionally, persons over 21 years of age shall have a unique mark or symbol applied to the backside their hand that readily identifies them as a person who can be served an alcoholic drink. 8) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 9) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "Buy one drink, get one free." "Two for the price of one," or "All you can drink for..." or similar language. 10) There shall be no "stacking" of drinks, i.e., more than one drink at a time, to a single patron. DI—Pg 23 PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 4 11) Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic drink shall not be sold to a single patron for their sole consumption. 12) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 13) Employees and contract security personnel shall not consume any alcoholic beverages during the work shift. 14) A file containing the names and dates of employment of every person serving alcoholic beverages for consumption by patrons on the licensed premises, and every manager, shall be kept on the premises. The file shall also include a copy of each person's certificate of completion of the Department of Alcohol Beverage Control L.E. A. D. course (Licensee Education on Alcohol and Drugs) or equivalent. Upon request, said file shall be made available for review to representatives of the City of Rancho Cucamonga Police Department. New employees will have 90 days from date of employment to obtain L.E.A.D. certification or equivalent. 15) There shall be a Designated Driver Program wherein there is an incentive to the person not drinking alcoholic beverages, who is in a group of three or more, to be the designated driver for that group of patrons. 16) There shall be a taxi -ride program where the establishment will offerto call a taxi for patrons when it seems appropriate. Phone numbers of local taxi companies shall be posted for viewing by patrons. Security issues 17) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 18) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 19) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the action taken. "objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in D1—Pg 24 PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 5 public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, orexcessive loud noise. 20) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated person; establishing a reasonable ratio of employees to patrons based upon activity level in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 21) Contractsecurityservicesshallbefamiliarwithestablishment'swritten security policy and procedures by reviewing them and signing they have read and understood the policy. The signed acknowledgement shall be kept in file relating the security manual. 22) Prior to utilizing a contract security guard company, the establishment shall verify the security company has a current City of Rancho Cucamonga Business License. 23) The applicant shall maintain a closed circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of type operation. Cameras are to be recorded and a library of events shall be kept and available for a minimum of 30 days for inspection by the City of Rancho Cucamonga Police Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Frances Howdyshell, Chairman ATTEST: Candyc umett, Secretary D1—Pg 25 PLANNING COMMISSION RESOLUTION NO. 14-31 DRC2014-00678 — GAGGLES TAPROOM AND CHOW August 13, 2014 Page 6 I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of August 2014, by the following vote -to -wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ABSTAIN: COMMISSIONERS: NONE D1—Pg 26 a COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECTM DRC2014-00678 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: GAGGLES TAPROOM AND LOCATION: 6321 HAVEN AVENUE —APN: 0201-272-06 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909), 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date The applicant shall agree to defend at his sole expense. any action brought against the City, Its agents, officers, or employees, because of the issuance of such approval, or In the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at Its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. The applicant shall be required to pay any applicable Fish and Game fees as shown below. _1 / The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Manager hearing. a) Notice of Exemption - $50 X D1—Pg 27 RESOLUTION NO. 18-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. DRC2017-00734, A REQUEST FOR LIVE ENTERTAINMENT TO INCLUDE LIVE BANDS WITH AMPLIFIED MUSIC, A DISC JOCKEY, AND KARAOKE WITHIN AN EXISTING RESTAURANT WITHIN THE NEIGHBORHOOD COMMERCIAL DISTRICT, LOCATED AT 6321 HAVEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0201- 272-06. A. Recitals 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Gaggles Inc., doing business as, Septembers Taproom and Eatery, filed an application for the issuance of Entertainment Permit No. DRC2017-00734, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 24th day of January 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred B. Resolution NOW, THEREFORE, it is herebyfound, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing on January 24, 2018 including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to an existing full -service restaurant with a bar in a single tenant building located within an existing 13-acre shopping center bounded by Lemon Avenue to the north, Haven Avenue to the west, the State Route 210 Freeway to the south and an existing condominium complex to the east. The single tenant building consists of an interior space of 4,368 square feet and a 377-square foot outdoor patio. The building is located directly on the southeast corner of Haven Avenue and Lemon Avenue and is approximately 14 feet below the street grade of Lemon Avenue. The shopping center is currently improved with multiple buildings, landscaping and parking areas; and b. The property to the north of the subject site is single-family residences, the property to the south consists of the State Route 210 Freeway, the property to the east is developed with a condominium complex, and the property to the west is a small commercial shopping center; and D1—Pg 28 PLANNING COMMISSION RESOLUTION NO. 18-01 ENTERTAINMENT PERMIT DRC2017-00734—GAGGLES, INC. (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 2 C. The proposed use is in accordance with General Plan Policy LU-1.3 that encourages commercial centers to provide a broad range of retail and service needs for the community. With the addition of the restaurant and bar with outdoor dining to the shopping center, the shopping center can expand its services and attract a wider range of residents; and d. The applicant currently has a Conditional Use Permit (DRC2014-00678) in order to operate a restaurant with a bar under a Type-47 Alcoholic Beverage Control license. The site also has an outdoor dining area in which entertainment will not be provided. All entertainment will be conducted within the building to minimize noise impacts to the surrounding uses; and e. The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals or welfare as the applicant has provided a security plan and conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and f. The premises or establishment is likely to be operated in a legal, proper and orderly manner as the applicant has included a security plan that has been reviewed and accepted by the Police Department to minimize negative activities; and g. Granting the application would not create a public nuisance as the applicant has applied for this Entertainment Permit and provided all required documents to allow for an extensive review of the proposed use along with the existing use; and h. The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood as the site sits 14 feet below Lemon Avenue and conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.66.050 (G) of the Development Code and will not create adverse impacts upon adjacent uses; and I. The applicant has not made any false, misleading, or fraudulent statement of material fact in the required application as the applicant has provided an abundance of information to the Planning Department and has been accessible through out this process. 3. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals or welfare; and b. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that security provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and C. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such D1—Pg 29 PLANNING COMMISSION RESOLUTION NO. 18-01 ENTERTAINMENT PERMIT DRC2017-00734 — GAGGLES, INC. (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 3 permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding 5 years.; and That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent apartment complex; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301- Existing Facilities, because the project does not result in any interior or exterior alterations. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below and in the attached Standard Conditions incorporated herein by this reference: Planning Department 1) Approval is hereby granted to Gaggles, Inc. for an Entertainment Permit which includes live entertainment such as bands, a discjockey and karaoke in conjunction with a 4,368-square foot restaurant and bar with entertainment and outdoor dining in the Neighborhood Commercial District, located at the southeast corner of Haven Avenue and Lemon Avenue at 6321 Haven Avenue —APN: 0201-272-06. 2) This approval is only for Live Entertainment consisting of only Disc Jockeys, Bands, or Karaoke in the designated area indicated on the submitted plan. Any change of intensity or type of entertainment shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to between Monday through Wednesday 6:00 p.m. to 10:00 p.m., Thursday 6:00 p.m. to 11:00 p.m., Friday and Saturday 6:00 p.m. to 1:00 a.m. and Sunday 1:00 p.m. To 10:00 p.m. Any expansion of days and/or hours shall require modification to this permit. D1—Pg 30 PLANNING COMMISSION RESOLUTION NO. 18-01 ENTERTAINMENT PERMIT DRC2017-00734 — GAGGLES, INC. (SEPTEMBERS TAPROOM AND EATERY) January 24, 2018 Page 4 4) A minimum of eight (8) surveillance cameras shall be installed - a combination of interior and exterior of the business, with the intent to capture digital images of subjects entering, exiting, cash registers and vehicle and pedestrian traffic approaching the business. Prior to issuance of certificate of occupancy, the applicant shall contact the Rancho Cucamonga Police Department for an inspection of the security cameras. 5) The Entertainment Permit shall be subject to a follow-up review by the Planning Commission within 6 months of the date of the Resolution of Approval for this Entertainment Permit in order to verify the compliance with all applicable conditions of approval. Fire District/Building & Safety Department 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. Maintain the occupant load as previously approved. 2) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for "Fire Exit Only." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 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 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 D1—Pg 31 PLANNING COMMISSION RESOLUTION NO. 18-01 ENTERTAINMENT PERMIT DRC2017-00734—GAGGLES, INC. (SEPTEMBERS TAPROOMAND EATERY) January24, 2018 Page 5 Commission held on the 24th day of January 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D1—Pg 32 Conditions of Approval TA4,` Community Development Department Project #: DRC2017-00734 Project Name: EDR - Gaggles, Inc. dba Septembers Taproom & Eatery Location: 6321 HAVEN AVE - 020127206-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. - Planning Department Please be advised of the following Special Conditions 1. Applicant must use an identity card scanner (ID Scanner) anytime the premises is selling alcoholic beverages and has entertainment as defined by the Municipal Code. (Definition of ID Scanner: An ID Scanner automates and documents the age verification process by scanning the ID through a card reader) the ID scanner shall record and timestamp the name, identification number, and date of birth on the identity card provided by patrons. This information shall be recorded and maintained for a minimum of thirty (30) days. The business shall provide the ID scanner records to law enforcement upon request. 2. All fake ID's shallbe confiscated and turned in to the Rancho Cucamonga Police Department, within a timely manner, not to exceed 30 days from the date of confiscation. 3. Security personnel required by the Entertainment Permit issued for the licensed premises shall be in a uniform or clothing which is readily identifiable as a security person. They shall maintain order and enforce the establishment's no loitering policy and shall take "reasonable steps" (as that term is defined in subparagraph (3) of Section 24200 of the California Business and Professions Code) to correct objectionable conditions that constitute a nuisance. 4. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. 5. Contract security services shall be familiar with the establishment's written security policy and procedures; by reviewing them and signing that they have read and understood the policy. The signed acknowledgement shall be kept in a file relating to the security manual. 6. Prior to utilizing a contract security guard company, the establishment shall verify that the security company has a current business license with the City of Rancho Cucamonga. w .CityofRC.us Printed: 111812018 D1—Pg 33 Project #: DRC2017-00734 Project Name: EDR - Gaggles, Inc. dba Septembers Taproom & Eatery Location: 6321 HAVEN AVE - 020127206-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planninq Department Please be advised of the following Special Conditions 7. Install a closed-circuit television system capable of readily identifying facial features and stature of all patrons entering the establishment during hours of entertainment. Video recordings of surveillance cameras shall be nothing less than NTSC (National Television System Committee, the NTSC is the analog video color format used to broadcast television signals) standards, with a minimum of 1080p resolution. A minimum of 90 days surveillance video shall be kept and relinquished upon request by the City of Rancho Cucamonga, the Sheriff's Department, or a designated agent. The applicant(s) or on -site manager(s) shall maintain the recording system and cameras in working condition. 8. The applicant or on -site manager, shall post a prominent, permanent sign stating, "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" in a place that is clearly visible to patrons of the premises. The sign shall fit the requirements as set forth by the City of Rancho Cucamonga. 9. At each public entrance/ exit to or from the patio, which leads to an unlicensed adjacent property, there shall be clearly marked signs stating, "REMOVAL OF ALCOHOLIC BEVERAGES FROM PATIO AREA IS PROHIBITED." 10. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted over within 72 hours of being applied. 11. No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.128.020, shall be permitted. 12. An entertainment permit may be transferred or assigned to another person or business entity at the same physical location, provided there is no intensification of the originally approved entertainment use. Any request for transfer of an entertainment permit due to change in ownership shall be submitted in writing to the Planning Director. 13. There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 14. Entertainment shall be conducted inside the building. 15. When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 16. Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 17.If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. 18.It is the responsibility of the business owner/manager entertainment at the establishment shall contact the Cit business license. y to ensure that any persons conducting of Rancho Cucamonga and obtain a Pdnted 1/18=U wmv.CityofRC.us D1—Pg 34 Page 2 of 5 Project#: DRC2017-00734 Project Name: EDR - Gaggles, Inc, dba Septembers Taproom & Eatery Location: 6321 HAVEN AVE - 020127206-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Rancho Cucamonga Police Department, City of Rancho Cucamonga and / or Department of Alcoholic Beverage Control on demand. 20. Full and complete meals must be offered and made available at all times the premises is exercising the privileges of its alcoholic beverage license, with the exception of the last '/2 hour of operation each day. 21. Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 22. This permit shall be renewed annually by the applicant per Development Code Section 17.20.020 G. 23. The entertainment shall not be intensified without Planning Commission review and approval. The restaurant shall operate and be maintained in accordance with the Floor Plan submitted. 24. A minimum of two duly licensed, certified or trained, and regularly employed security guards from a reputable security firm shall be required to be on the premises any time entertainment is being conducted until the parking lot is cleared after the conclusion of any entertainment. The security staff shall be in the approved attire stated in the security plan and shall remain on duty in the parking area and outside adjacent areas of the facility to avert problems such as loud noise, disorderly conduct from patrons or anyone in the parking lot, loitering activities, and any other nuisances or disturbances. 25. Applicant or on -site manager, shall actively monitor the area under their control in an effort to prevent the loitering of persons on any property adjacent to the licensed premises, and take reasonable steps to correct objectionable conditions that constitute a nuisance. 26. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residence. 27. Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 28. Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 29. An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer or City staff. The log is for recording of any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or rented by the licensee. The log shall indicate date, time, description of incident, staff involved / witnesses, what action was taken, if police were notified and a report number. Panted: 1/1 a/2018 www.CityofRC.us Page 3 of 5 D1—Pg 35 Project #: DRC2017-00734 Project Name: EDR - Gaggles, Inc. dba Septembers Taproom & Eatery Location: 6321 HAVEN AVE - 020127206-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions 30. A file containing the names and dates of employment of every person serving alcoholic beverages for consumption by patrons on the licensed premises and every manager shall be kept on the premises. The file shall also include a copy of each person's certificate of completion of the Department of Alcohol Beverage Control L.E.A.D. course (Licensee Education on Alcohol and Drugs) or equivalent. 31. Any modification or intensification of the use such as a revision to the days and hours of entertainment, any improvements such as the expansion of the entertainment area, and/or other modifications/intensifications beyond what is specifically approved by this entertainment permit shall require review and approval by the Planning Commission. 32. The business operations shall be in compliance with the performance standards that are described in Section 17.66 of the Development Code, including noise limits which are described in Section 17.66.050(G). 33. The business operations shall be in compliance with the regulations and requirements of the California Department of Alcoholic Beverage Control that apply to Type 47 Liquor Licenses. 34.If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible modification, suspension or revocation of the permit. 35. Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 36. The applicant shall submit an annual renewal statement and fee, due on or before January 1 of each and every year per Section 17.20.20(G) of the Development Code. 37. All conditions of approval for Conditional Use Permit DRC2014-00678 shall apply. 38. All signs shall comply with Chapter 17.74 (Sign Regulations for Private Property) of the Development Code and Uniform Sign Program #37. Standard Conditions of Approval 39. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 40. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. Pnnled: 1/1512018 www.CityofRC.us Page 4 of 5 D1—Pg 36 Project M DRC2017-00734 Project Name: EDR - Gaggles, Inc. dba Septembers Taproom & Eatery Location: 6321 HAVEN AVE - 020127206-0000 Project Type: Entertainment Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 41. The applicant shall be required to pa Exemption fee in the amount of $50.00. Board Supervisors and submitted to the within 5 days of the date of project approval. Building and Safety Services Department Please be advised of the following Special Conditions y California Department of Fish and Wildlife Notice of All checks are to be made payable to the Clerk of the Planning Commission Secretary prior to public hearing or 1. 1. The displaced tables and chairs during entertainment performance must be stored away in the storage room, must not obstruct any path of exit travel and must not be set up in dining room as to increase the occupant load of the restaurant. During performances, instruments and/or performers must not obstruct or reduce the width of the exit pathway. Please be advised of the following Special Conditions 1. The Fire District is requiring a floor plan showing where the entertainment will be. Floor plan needs to include the area where the acoustic music will be performed and where the bands will play. If there will be an area designated for dancing, this needs to be shown on the floor plan. 2. Applicant needs to provide an updated occupant load analysis based on the floor plan that is required to be submitted. Pdnted: 1/18/2018 www.CityofRC.us D1—Pg 37 Page 5 of 5 REPORT DATE: January 24, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner 4% INITIATED BY: Dominick Perez, Associate Planner SUBJECT: TIME EXTENSION - WSI HIGHLAND INVESTMENTS, LLC - A request for a 1- year time extension for previously approved Tentative Tract Map 14749, to subdivide 168.77 acres into 269 residential lots located in the Low (L) Residential District and Flood Control (FC) District within the Etiwanda North Specific Plan, at the northeast corner of Day Creek Boulevard and Etiwanda Avenue — APNs: 1087- 081-04, -05, -06, -07, -08, -09, -10, -11 and -14. Related files: Annexation DRC2003-01051, Specific Plan Amendment DRC2003-00409, General Plan Amendment DRC2003-00410 and Development Agreement DRC2003-00411. Staff finds the project to be within the scope of the project covered by a prior Environmental Impact Report certified by City Council in June 21, 2004, (State Clearinghouse #2003081085) by Resolution 04-240 and does not raise or create new environmental impacts not already considered in the Environmental Impact Report. RECOMMENDATION: Staff recommends approval of Time Extension DRC2017-00982 by adoption of the attached Resolution of Approval. PROJECT AND SITE DESCRIPTION: The project site is currently vacant and undeveloped. The approved Tentative Tract Map is located within the Etiwanda North Specific Plan and occupies 168.77 acres. The development will have a gross density of 1.59 dwelling units per acre and a net density of 2.5 dwelling units per acre. Land Use General Plan Zoning Site Vacant/Undeveloped Low Residential Low (L) Residential District and Flood Control (FC) District; Etiwanda North Specific Plan North VacanUUndeveloped Flood Control/ Utility Corridor Utility Corridor South Vacant/Undeveloped Flood Control/ Utility Corridor, Etiwanda North UtilityCorridor Specific Plan East Etiwanda Creek Conservation Flood Control, Etiwanda North Specific Plan West Rancho Etiwanda Estates Low Residential Low (L) Residential District; Etiwanda North S ecific Plan D2—Pg 1 PLANNING COMMISSION STAFF REPORT DRC2017-00982 - WSI HIGHLAND INVESTMENTS LLC January 24, 2018 Page 2 ANALYSIS: A. Project Background: Tentative Tract Map 14749 (SUBTT14749) was approved by the Planning Commission on June 9, 2004 (Exhibit C). This approval was appealed to the City Council on July 21, 2004. The appeal was denied and the project was approved with the second reading of Ordinances No. 729 (Specific Plan Amendment) and No. 730 (Development Agreement) on August 4, 2004. A lawsuit was subsequently filed on August 18, 2004, against the City over the approved project (Spirit of the Sage Council vs. City of Rancho Cucamonga, with the applicant, Traigh Pacific L.P., as the Real Party of Interest). The case was settled on December 20, 2005, with the applicant agreeing to pay a settlement to the petitioner and the original City approval remaining intact. The settlement agreement became effective on February 10, 2006, with the lawsuit dismissed 7 days later on February 17, 2006. On June 12, 2007, the City's attorney informed staff that pursuant to Government Code Section 66452.6(c), the subject tentative tract map was entitled to an automatic time extension for the period between the date the lawsuit was filed (August 18, 2004) and the date the lawsuit was settled (February 10, 2006), or 541 days. The duration of the approval period for tentative tract maps is 3 years. Thus, the start date of the approval period was the date of the second reading by the City Council for the Specific Plan Amendment and the Development Agreement (final approval of all aspects of the project) - August 4, 2004. With the time extension, and with the lawsuit taken into consideration, the official start date of the approval period for SUBTT14749 was January 27, 2006, with the expiration date occurring on January 27, 2009. In the interim, the State legislature passed four bills (SB1185, AB333, AB208 and AB116) that granted automatic time extensions for all tentative maps that qualified. This lengthened the approval period for the subject tentative tract map by a total of 7 years. Additionally, the Planning Commission approved two separate one-year time extensions on the dates shown in the table below. With these extensions, Tentative Tract Map SUBTT14749 now has an expiration date of January 27, 2018. ^Tact Ma 1'4749 TLac ,�A roy, alEensi e "A ,P,enoovda- 1p A � t .ptarotevi,a_.t, .ri vio 'Ex D.iar,a,te 1* tAhont City Council Tentative Tract Map CC Reso 04-243 3 Years Aug4, 2004 Lawsuit settled 541 days after approval Jan 27, 2006 Jan 27, 2009 Senate Bill 1185 Automatic Extension 1 Year Jan 27, 2009 Jan 27, 2010 Assembly Bill 333 Automatic Extension 2 Years Jan 27, 2010 Jan 27, 2012 Planning Commission Time Extension PC Reso 11-26 1 Year Jun 8, 2011 Jan 27, 2013 Assembly Bill 208 Automatic Extension 2 Years Jan 27, 2013 Jan 27, 2015 Assembly Bill 116 Automatic Extension 2 Years Jan 27, 2015 Jan 27, 2017 Planning Commission Time Extension PC Reso 17-06 1 Year Jan 25, 2017 Jan 27, 2018 Planning Commission (Proposed)Time Extension DRC2017-00982 1 Year Planning Commission I Jan 24, 2018 (Proposed) Jan 27, 2019 D2-Pg 2 PLANNING COMMISSION STAFF REPORT DRC2017-00982 — WSI HIGHLAND INVESTMENTS LLC January 24, 2018 Page 3 B. Time Extension Request: The applicant is requesting a Time Extension to extend the expiration date of the approved map from January 27, 2018 to January 27, 2019. The City's Subdivision Ordinance (Municipal Code Section 16.16.160) states that approved Tentative Tract Maps are valid for 3 years. The applicant may request up to a total of five (5) 1-year extensions (Municipal Code Section 16.16.170), which must be approved by the Planning Commission. The subject Time Extension application, DRC2017-00982, is the third one-year time extension of Tentative Tract Map 14749. The Time Extension is being requested in order to provide additional time for the applicant to work toward recording the final map and preparing related improvement plans. The applicant is not requesting any changes to the approved map. C. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQK) and the City's local CEQA Guidelines, the City certified an Environmental Impact Report on July 21, 2004 (State Clearing House #2003081085) in connection with the City's approval of SUBTT14749. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances underwhich the projectwas previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated SUBTT14749 and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. In that the Time Extension is being requested in order to provide additional time for the applicant to work with Federal and State agencies to resolve the Etiwanda Creek drainage permitting issue that will determine the final design for the project. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less -than -significant, in that the applicant does not propose any changes to the previously approved tentative tract map. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of Time Extension DRC2017-00982 for Tentative Tract Map SUBTT14749. FISCAL IMPACT: The project proponent will be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. The proposed development will increase the value of the project site and the parcels will be assessed an annual property tax. A percentage of this annual tax is shared with the City. Additionally, the development will be required to create a CFD and each property will be assessed for maintenance of the infrastructure related to the tract and fair share of improvements. D2—Pg 3 PLANNING COMMISSION STAFF REPORT DRC2017-00982 — WSI HIGHLAND INVESTMENTS LLC January 24, 2018 Page 4 COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the application, the project is consistent with the goals and policies of the General Plan and the objectives of the Development Code as the General Plan land use and zoning designations of the project site is Low Residential and Low (L) Residential District, respectively, and the subdivision is for residential purposes. CORRESPONDENCE: This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. To date, no comments or phone calls have been received regarding the project notifications. EXHIBITS: Exhibit A - Aerial Photo Exhibit B - Tentative Tract Map SUBTT14749 Exhibit C - Tentative Tract Map SUBTT14749 Staff Report (June 9, 2004) Exhibit D - Tentative Tract Map SUBTT14749 City Council Resolution 04-243 Exhibit E - Planning Commission Resolution 17-06 for Time Extension DRC2016-01009 Exhibit F - Biological Due Diligence Assessment (November 9, 2017) Draft Resolution of Approval for Time Extension DRC2017-00982 CB:DP/Is D2—Pg 4 r Waldman Bullock I c o � r 14 C v N Y W U1 r1 +1 C i o- 1ai 1 i 2i ! !!° I "I'II `s Q➢ fd+l O y E" IS pp i,H, 1 !Pl aiiZ!. if it k '. I IR I 1511 A a R� m: t Fael a 1Li911.1 J- Ni I I Ir � •4�=�i o_ 5a !•.aeelaaaoea� 2 I ' vaan EXHIBIT B D2-Pg6 /+I�NIKI � JNtii tr i T H E C 1 T Y O F it .,.i.:.. u: RiNC.110 CCCANONGA Staff Report DATE: June 9, 2004 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Larry Henderson, AICP, Principal Planner SUBJECT: ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2003-01051 - TRAIGH PACIFIC - A proposed Annexation of approximately 240 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan north of the lower SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 21 thru 26, and 0225-084-02 and 03. ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2003-00410 - TRAIGH PACIFIC - A proposed General Plan Amendment of approximately 168.77 acres of land from Very Low Residential (.1-2 dwelling units per acre), to Low Residential (2-4 dwelling units per acre) and Conservation, for land located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083- 05, 06, 07, 10, 22, 23, 25, and 26 and 0225-084-02. ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00409 - TRAIGH PACIFIC - A proposed Etiwanda North Specific Plan Amendment of approximately 168.77 acres of land from Very Low Residential (.1-2 dwelling units per acre), to Low Residential (2-4 dwelling units per acre) and Flood Control/Resource Conservation, and master -planned circulation modifications to the north, for land located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26 and 0225-084-02. ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT MAP SUBTT14749 - TRAIGH PACIFIC - A proposed subdivision of 168.77 acres into 269 residential lots and a remainder parcel in the Low (L) Residential District (2-4 dwelling units per acre) and Flood Control (FC) within the Etiwanda North Specific Plan, located north of the SCE Corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26, and 0225-084-02. ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00411 - TRAIGH PACIFIC - A proposed Development Agreement to address specific conditions of development, and annexation for 168.77 acres of land within the Etiwanda North Specific Plan, located north of the SCE corridor between Etiwanda Avenue and East Avenue - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26 and 0225-084-02. EXHIBIT C D2-Pg 7 PLANNING COMMISSION STAFF REPORT DRC2003-01051, DRC2003-00410, DRC2003-00409, SUBTT14749, DRC2003-00411 June 9, 2004 Page 2 PROJECT AND SITE DESCRIPTION: A. Project Density: The density will be approximately 2.5 dwelling units per acre based on 269 units on 107.3 acres proposed for housing, drainage, and open space. B. Surrounding Land Use and Zoning — (Etiwanda North Specific Plan unless otherwise noted): Project Site - Very Low Residential (.1-2 dwelling units per acre) — The project site is currently vacant. North - Flood Control/Utility Corridor and Hillside Residential District — Overhead power transmission lines and associated easements belonging to Southern California Edison (SCE) and Los Angeles Department of Water and Power (LADWP), and vacant land are located north of the site. North of the easements are a few scattered single-family residences near the foothills of the San Gabriel Mountains. South - Flood Control/Utility Corridor, Conservation, and Very Low Residential (.1-2 dwelling units per acre) — A SCE power line corridor is located south of the site, and land southeast of the site includes Etiwanda Creek Flood Control basins and conservation area, is presently vacant, and is primarily within San Bernardino County Flood Control District (SBCFCD) and SCE easements or ownership. West - Low Residential (2-4 dwelling units per acre) — The area immediately west of the site is vacant and is the site of the previously approved Rancho Etiwanda Estates. East Conservation and Very Low Residential (.1-2 dwelling units per acre) — The land area east of the site is currently vacant and is the proposed site of Tentative Tract Map 16324 - Henderson Creek. C. General Plan Designations: Project Site - Very Low Residential (A-2 dwelling units per acre) North - Flood Control/Utility Corridor and Hillside Residential South - Utility Corridor East - Conservation and Very Low Residential (.1-2 dwelling units per acre) West - Low Density Residential (2-4 dwelling units per acre) D. Site Characteristics: The proposed Tentative Tract Map is located within the Etiwanda North Specific Plan within the City's Sphere of Influence and occupies 168.77 acres of which 107.28 net acres will be developed with single-family residential (99.26), park area (3.1 acres), equestrian park (2.7 acres), equestrian trail (0.44 acres), and drainage channel (1.77 acres). The development would have a gross density of 1.59 dwelling units per acre, and a net density of 2.5 dwelling units per acre. The remaining 61.49 acres will continue to be used for flood control purposes. The proposed annexation action encompasses a total of 240 acres and includes the development site plus adjacent parcels owned by Southern California Edison and San Bernardino County Flood Control District. The project site is currently vacant and, until recently, supported relatively undisturbed native vegetation. In October of 2003, the Grand Prix fire burned the entire project site. Native vegetation could eventually regenerate on this site if left undeveloped. Several easements occur on -site, including two planned roadway right-of-ways and two public utility easements. The project property line extends to the centerline of the two planned roadways in the project vicinity including: 1) Etiwanda Avenue, which runs along the western property boundary; and 2) m •. PLANNING COMMISSION STAFF REPORT DRC2003-01051, DRC2003-00410, DRC2003-00409, SUBTT14749, DRC2003-00411 June 9, 2004 Page 3 East Avenue, which runs along the eastern property boundary. Two SCE public utility easements occur adjacent to the northern and southern boundaries of the site. Both easements are over 300 feet wide. ANALYSIS: A. General Plan and Etiwanda North Specific Plan Amendments: The General Plan and Etiwanda North Specific Plan (ENSP) Amendments are necessary to bring the project in to technical compliance with the proposed net density of 2.5 dwelling units per acre (1.59 dwelling units per acre gross density). It should be noted that the project site is designated three dwelling units per acre under the County's General Plan and zoning and, therefore, would have resulted in greater density and number of dwelling units than currently proposed. Also, the current density and lot sizes are consistent with the previously approved annexation and tract map for the Rancho Etiwanda Estates project immediately west of the subject site. The planned amendments result in acreage changes as follows: EXISTING GENERAL PROPOSED GENERAL PLAN PLAN EXISTING ENSP PROPOSED ENSP Very Low (118 Acres) Low (102.81 Acres) Very Low (118 Acres) Low (102.81 Acres) Conservation (2.85 Acres) Conservation (18.04 Acres) FC (25.64 Acres) RC (77.17 Acres) The proposed amendments accomplish the goals of the tract development while reflecting the intent of the San Bernardino County Flood Control District (SBCFCD) to create conservation areas relative to Etiwanda Creek. The circulation amendment portion of this Project is the elimination of the upper Loop Collector Street consistent with the previously approved Rancho Etiwanda Estates project to the west. This street is no longer needed for the following reasons: This development and Rancho Etiwanda Estates are gated communities with private streets and independent circulation. The establishment of the Etiwanda North Preserve and other conservation areas to the north has reduced the need to accommodate additional traffic circulation from the north. The circulation amendment will reduce public maintenance costs and reduce impacts to the nearby conservation areas. Tentative Tract Map: The project will provide a maximum of 269 single-family residences with a minimum lot size of 8,400 square feet and an average lot size of 11,600 square feet. Development is planned to occur in five phases and would span over a three-year period. A breakdown of proposed land uses is provided in Table 1. Existing roadways in the immediate project vicinity include Etiwanda Avenue, Wilson Avenue, and East Avenue. The extension of Etiwanda Avenue north to the project boundary along with the construction of Lower Crest Road will provide primary access. The construction of East Avenue north to Lower Crest Road will provide additional access. The Lower Crest Collector, which will be D2—Pg 9 PLANNING COMMISSION STAFF REPORT DRC2003-01051, DRC2003-00410, DRC2003-00409, SUBTT14749, DRC2003-00411 June 9, 2004 Page 4 located above the southern SCE utility power line corridor, will be the primary east to west thoroughfare outside the gated portion of the project. The timing and alignment of this street extension is being coordinated with the Rancho Etiwanda Estates project (located immediately west of the project site). The residential portion of the project will be gated, with the main gate located along Lower Crest Road. A secondary gate will be located at the intersection of Lower Crest Road and East Avenue. A third exit -only gate will be located at the terminus of the extension of Etiwanda Avenue north of Lower Crest. The interior roadway system will consist of private streets and will be privately maintained by a Homeowners Association, while the City will maintain the other road segments. Channels will be provided and designed to accommodate off -site flows from the area tributary from future channel extension. This will occur along the north side of this project and the Rancho Etiwanda Estates project. Drainage from the north will be intercepted and discharged into East Etiwanda Creek. A Fuel Modification Plan has also been prepared to assist in developing site -specific precautions for fire protection. The purpose of the Fuel Modification Plan is to provide a wildland fire hazard assessment, a long-term perimeter vegetative fuel modification and maintenance plan, and a long- term "firewise landscaping" and fuel modification plan for the landscaped area immediately surrounding all structures. ' C. Design Review Committee: The Design Review Committee (Fletcher, McPhail, Fong) reviewed the project on September 2, 2003. Staff explained the unique conceptual use and design of the Open Space parcels. The applicant provided conceptual designs based on criteria that had been provided by staff during earlier meetings. Staff indicated that the Conceptual Landscape Plan was designed in accordance with the Etiwanda North Specific Plan Guidelines pertaining to the "Lower Crest Collector," neighborhood entry monument, and the palette of street trees and slope planting materials. The Committee recommended approval of the project with no additional modifications. D. Park and Recreation Commission: The Park and Recreation Commission reviewed the Park Site Concept Plans associated with the project on November 20, 2003. Staff indicated that the proposed development included the creation of open space and recreational use on two parcels of land. One parcel, located on the southeast corner of the site on East Avenue, is being considered for an indoor Equestrian Center. The other parcel, located on the southwest corner of the site on Etiwanda Avenue, is being explored by staff as a trailhead and information kiosk site for the North Etiwanda Preserve. The Commission discussed several issues including: adequacy of parking being provided at the proposed equestrian center; trails within the proposed development; whether the development is part of the equestrian overlay area; whether the two parcels are adjacent to public streets; how the equestrian center correlates with the General Plan Master Plan; the possibility of SCE using their easements; concern that motorists might be unaware of horse riders, and concern with the City's ability to maintain the equestrian facility. It was indicated to the Commission that parking spaces would be designed to accommodate trucks with horse trailers; no trails were planned within the development; the project site was zoned within an equestrian overlay area with a $1,000 per dwelling mitigation fee being proposed as provided for under the Etiwanda North Specific Plan (See attached Exhibit "D" pages II- 24 through II-26 of the ENSP for reference). The Commission indicated that the project was approved in concept following the addressing of two issues: 1) Land Use, and 2) preparation of an operational model for the Center. D2—Pg 10 PLANNING COMMISSION STAFF REPORT DRC2003-01051, DRC2003-00410, DRC2003-00409, SUBTT14749, DRC2003-00411 June 9, 2004 Page 5 E. Development Agreement: The Development Agreement has been prepared in order to address project -specific improvements, fees, and other development standards and expectations for the benefit of the property owner and the City. The Development Agreement allows the applicant to identify all improvements and fees that will be required by the City upon annexation. The Development Agreement has been reviewed by the City Attorney as to form and content. The basic points of the Development Agreement are summarized below: 1. Term of the Agreement: 10 years 2. A Homeowner's Association must be formed to assume responsibility and maintenance of the gates, common area streets, drainage facilities interim detention basins, utility easements, streetlights, sidewalks, landscaping (including the north side of "Lower Crest Collector") and walls throughout the project. 3. The property owner shall design and construct improvements to the City Community Trail network along the Etiwanda Creek levee, and parallel to the northerly extension of Etiwanda Avenue along the west project boundary, in accordance with City Standard Drawing No. 1004. 4. The straight sections on interior streets (Street W) may be greater than 800 feet because the project is a private gated community, thereby limiting traffic impacts from any other development through the project. 5. All interior streets that have driveway access to single-family residential lots may be designed with a 50-foot right-of-way utilizing a rolled curb; all other streets within the tract shall have a 60-foot right-of-way with a City standard 6-inch curb face. 6. The property owner shall 1) improve Etiwanda Avenue as a Secondary Arterial, from the north boundary of Tract 16072 to "Lower Crest Collector;" 2) construct East Avenue Collector Street improvements from the north boundary of Tract 16072 to "Lower Crest Collector;" and 3) construct Lower Crest Collector Street improvements along the entire length of the project site. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. Fees: The property owner shall pay a sum totaling $269,000.00 (based upon $1,000.00 per unit) for equestrian mitigation purposes; The Property Owner shall pay a sum totaling $1,775,400.00 ($6,600.00 per unit) for park purposes; and In exchange for construction of landscaping improvements along the south side of "Lower Crest Collector," the property owner is not required to pay City Beautification Fee of $0.20 per square foot for residential construction. 8. The project shall be designed in accordance with the Low Residential District of the Etiwanda North Specific Plan. D2—Pg 11 PLANNING COMMISSION STAFF REPORT DRC2003-01051, DRC2003-00410, DRC2003-00409, SUBTT14749, DRC2003-00411 June 9, 2004 Page 6 9. Open Space Transfer Plan: The Open Space Transfer Plan establishes a requirement that the property owner transfer a minimum of 164 acres of land to the County of San Bernardino Special Districts OS-1 or other suitable non-profit agency as determined by the City Planner, for permanent open space and habitat preservation, along with funding (in an amount to be determined by the receiving agency), to provide for long-term maintenance of said land. This shall be accomplished prior to recording of the Final Tract Map. 10. The Development Agreement establishes timeframes for completion of key infrastructure and community amenities, including the following: a) All perimeter landscaping, including the Upper Etiwanda Neighborhood Monumentation, fencing, signage, and landscaping shall be completed prior to release of occupancy of the 100th dwelling, and b) All Master Plan storm drain improvements shall be completed prior to the release of occupancy for the first dwelling in the project. F. Annexation: The proposed annexation would include the 268.77-acre project site and adjacent parcels owned by SBCFCD for a total of 240 acres, located north of the SCE corridor between Etiwanda Avenue and East Avenue. City staff will forward the annexation application and all associated documentation to the Local Agency Formation Commission following City Council certification of the Environmental Impact Report (EIR) and approval of the project. G. Environmental Impact Report: An Environmental Impact Report (EIR) was prepared to address all actions that are anticipated for the review and approval of the project, including the actions by the Planning Commission and City Council and the Local Agency Formation Commission as well as actions that may be required by SBCFCD, the Federal Emergency Management Agency, Army Corp of Engineers, Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game, as applicable. Based on the findings and conclusions of the Initial Study that was prepared for the project, the following potentially significant environmental impacts were analyzed within the EIR: Land Use and Planning, Population and Housing, Earth Resources, Water Resources, Transportation and Circulation, Air Quality, Biological Resources, Energy and Mineral Resources, Hazards, Noise, Public Services, Utilities, Aesthetics, Cultural Resources, Agricultural Resources, and Recreation. A summary of all of the project -related impacts and the recommended mitigation measures are provided in Table ES-1 of the EIR. The EIR concluded that upon implementation of project design features and all recommended mitigation measures, short-term and long-term impacts to air quality would remain significant. Additionally, direct impacts to Biological Resources related to loss of sage scrub habitat dominated by white sage, and impacts to Aesthetics related to transforming the existing natural terrain into a developed planned community and associated light and glare. The Project will also contribute incrementally to cumulatively considerable impacts related to land use, flood control, water quality from urban runoff, loss of alluvial fan sage scrub, hazardous material dumping, congestion of evacuation routes, overcrowded schools, inadequate utilities, and loss of views. Based on these findings, the City is required to adopt a Statement of Overriding Considerations in accordance with California Environmental Quality Act (CEQA) Section 21081. The statement is attached to the Resolution of Approval. D2—Pg12 PLANNING COMMISSION STAFF REPORT DRC2003-01051, DRC2003-00410, DRC2003-00409, SUBTT14749, DRC2003-00411 June 9, 2004 Page 7 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 300-foot radius of the project site, and notices were sent to all individuals and organizations that have commented on the EIR during the public comment period. In addition, all individuals that provided comments during the comment period have received copies of the "Response to Comments" at least ten days prior to this hearing, as required by CEQA. RECOMMENDATION: Staff recommends that the Planning Commission take the following actions in the order presented: A. Certify the EIR for the purposes of tentative tract map approval and recommend that the City Council certify the Final EIR for all other applications; and Adopt the Resolution recommending the City Council initiate proceedings for Annexation DRC2003-01051; and C. Recommend that the City Council approve the General Plan Amendment; and D. Recommend that the City Council approve Etiwanda North Specific Plan Amendment; and E. Approve Tentative Tract Map SUBTT14749; and Recommend that the City Council enter into Development Agreement DRC2003-00411 associated with the proposed project. Respectfully submitted, Brad ul City Planner 771�:/1' if7 Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Plan Exhibit "C" - Final Environmental Impact Report (under separate cover) Exhibit "D" - Etiwanda North Specific Plan Pages II-24 thru II-26 Draft Resolution Recommending Certification of the Final EIR for Tentative Tract Map SUBTT14749 Draft Resolution to Initiate Proceedings For Annexation DRC2003-01051 Draft Resolution Recommending Approval of General Plan Amendment DRC2003-00410 Draft Resolution Recommending Approval of Etiwanda North Specific Plan Amendment DRC2003-00409 Draft Resolution of Approval for Tentative Tract Map SUBTT14749 Draft Resolution Recommending Approval of Development Agreement DRC2003-00411 D2—Pg 13 RESOLUTION NO. 04-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT MAP SUBTT14749 FOR A RESIDENTIAL SUBDIVISION OF 168.77 ACRES INTO 269 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDANORTH SPECIFIC PLAN, LOCATED NORTH OFTHE LOWER SOUTHERN CALIFORNIA EDISON (SCE) CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE AND APPROVING TENTATIVE TRACT MAP SUBTT14749 FOR A RESIDENTIAL SUBDIVISION OF 168.77 ACRES INTO 269 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED NORTH OF THE LOWER SCE CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26 AND 0225-084-02. A. RECITALS. Traigh Pacific (the "Applicant") seeks approval of a series of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, the approval of a General Plan Amendment, Etiwanda North Specific Plan Amendment, Tentative Tract Map SUBTT14749, and associated Development Agreement. The actions also include the development of approximately 168.77 acres with 269 single-family housing units (99.26 acres), park area (3.1 acres), equestrian park (2.7 acres), equestrian trail (0.44 acres), and drainage channel (1.77 acres). The development would have a gross density of 1.59 dwelling units per acre, and a net density of 2.5 dwelling units per acre. The remaining 61.49 acres will continue to be used for flood control purposes. The proposed annexation action encompasses a total of 240 acres and includes the development site plus adjacent parcels owned by Southern California Edison and San Bernardino County Flood Control District. These series of actions and approvals are hereinafter defined in this Resolution as the "Project." 2. The Applicant has submitted the following applications relating to the Project: Annexation DRC2003-01051, General Plan Land Use Amendment DRC2003- 00410, Etiwanda North Specific Plan Amendment DRC2003-00409, Tentative Tract Map SUBTT14749, and Development Agreement DRC2003-00411 (collectively the "Project Applications"). These Project Applications, as well as the appeal of the Planning Commission's approval of Tentative Tract Map SUBTT14749, constitute the matters involving the Project, which are submitted to the City Council for decision and action. EXHIBiT D2—Pg 14 Resolution No. 04-243 Page 2 of 42 3. The property to the north of the subject site is designated Flood Control/Utility Corridorand Hillside Residential and is comprised of vacant land, utility corridors, and scattered single-family residences. The property to the west is designated Low Residential (2 to 4 dwelling units per acre) and is the site of the previously approved Rancho Etiwanda Estates. The property to the east is designated Conservation and Very Low Residential (.1-2 dwelling units per acre) and is the proposed site of Tentative Tract Map 16324 — Henderson Creek. The property to the south is designated Flood Control/Utility Corridor, Conservation, and Very Low Residential and is comprised of a SCE power line corridor, and the Etiwanda Creek Flood Control basins and conservation area. 4. On June 9, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Project, and after receipt of public testimony, closed the hearing on that date. On June 9, 2004, the Planning Commission adopted Resolution No. 04-77, recommending approval of General Plan Amendment DRC2003-00410 along with other associated applications. 5. On June 12, 2004, Craig A. Sherman, attorney for the Spirit of the Sage Council and the Habitat Trust for Wildlife, Inc., filed an appeal of the Planning Commission's approval of Tentative Tract Map SUBTT14749. 6. On July 21, 2004, the City Council of the Cityof Rancho Cucamonga conducted a public hearing on the Final EIR and the Project, at which time all interested parties were given an opportunity to be heard and to present evidence regarding the Final EIR and the Project, and after the receipt of public testimony, closed the hearing. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is herebyfound, determined, and resolved bythe City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 facts and information contained in the record of this Project, the City Council makes the following findings and statements, and takes the following actions, pursuant to the California Environmental QualityAct ("CEQA") (Public Resources Code Section 21000 et. seq.): a. The City of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report ("EIR") for the Project, including certain technical appendices (the "Appendices") to the Draft EIR (State Clearinghouse No. 2003081085). The Draft EIR was circulated for a 45-day public review and comment period from December 5, 2003 through January 28, 2004. Comments were received during that period and written D2—Pg 15 Resolution No. 04-243 Page 3 of 42 responses were prepared and sent to all persons and entities submitting comments. Those comments and the responses thereto have been included in the Final EIR, as well as the revisions to the Draft EIR. Those documents, together with the Draft EIR and Appendices, comprise the Final EIR. b. The City Council finds that the Final EIR was completed pursuant to CEQA, and the State Guidelines for Implementation of CEQA, 14 California Code of Regulations, Section 15000, et. seq. ("the Guidelines"). By Resolution No. 04-240, the City Council has certified the Final EIR as being in compliance with the requirements of CEQA. c. The City Council finds that the Final EIR was presented to the City Council and that the City Council reviewed and considered the information in the Final EIR and has reached its own conclusions with respect to the Project and as to whether and how to approve the various components of the project approvals. d. The City Council finds that the Final EIR represents the independent judgment of the City Council of the City of Rancho Cucamonga and adequately addresses the impacts of the Project and imposes appropriate mitigation measures for the Project. e. Public Resources Code Section 21081 provides that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant environmental effects unless the public agency makes one or more of the following findings with respect to each significant effect: i. Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such agency or can and should be adopted by such other agency. M. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. f. The City Council finds, based upon the Final EIR, public comments, public agency comments, and the entire record before it, that the Project may create significant impacts in the areas of Earth Resources, Water Resources, Transportation/Circulation, Air Quality, Biological Resources, Hazards, Noise, Public Services, Utilities, Aesthetics, and Cultural Resources. However, changes or alterations have been required in, or incorporated into the Project, which will mitigate and in some cases, avoid the significant impacts. The specific changes and alterations required, and a D2—Pg 16 Resolution No. 04-243 Page 4 of 42 brief explanation of the rationale for the findings with regard to each impact, are contained in the "CEQA Findings" for the Project (Exhibit "F" to the July 21, 2004 City Council Staff Report) and are incorporated herein by reference. In addition to the rationale and explanation contained in the "CEQA Findings," the City Council makes the following additional findings regarding the impacts of the Project on the resources and services listed in this paragraph: Earth Resources. The Final EIR finds that development of the Project would expose people and structures to risks associated with seismic ground shaking produced by numerous regional faults. Additionally, development of the project would require removal of vegetation to prepare for grading; this would create a short-term increased potential for topsoil erosion. Potential erosion in the long-term would result from increased surface runoff rates due to road paving and construction of impermeable structures. Mitigation measures are imposed which require a detailed geologic and geotechnical investigation for each lot prior to the grading of the Project site. Specifically, the developer must: demonstrate that each lot is buildable and complies with recommendations and specifications found in the geotechnical investigation report included in Appendix C of the Final EIR (Mitigation Measure 3-1); identify potential geologic and soil limitations and recommend appropriate engineering and design measures to adequately protect structures and inhabitants (Mitigation Measure 3-2); and identify these construction measures on applicable grading plans, and implement them to the satisfaction of the City Engineer. Further, mitigation measures are imposed on the project that require preparation and approval of a. Dust Control Plan and a Landscape and Irrigation Plan to reduce the likelihood of erosion (Mitigation Measures 3.4 and 3-5). Based on these mitigation measures, and the additional ones contained in the Final EIR, the City Council finds that the effects of seismic shaking on persons and structures and the possibility of erosion will be mitigated to a level of less than significant. ii. Water Resources. The Final EIR identifies that conversion of the Project site to urban uses would increase the amount of sediment, suspended debris, landscape maintenance or associated chemicals (e.g., fertilizers, herbicides, etc.), and materials related to automotive wear (e.g., tire rubber, oil, antifreeze, etc.) that would reach the local drainage system due to run-off caused by grading or by being washed off streets during storm events or street -sweeping activities. Mitigation measures imposed on the applicant would require the Project developer to apply for and receive a National Pollution Discharge Elimination System (NPDES) permit and, if necessary, to obtain Clean Water Act Section 401 and 404 permits (for water quality certification for dredge and fill operations); additionally, the developer will be required to implement all applicable Best Management Practices (BMPs) to prevent construction of the Project from polluting surface and ground waters. D2—Pg 17 Resolution No. 04-243 Page 5 of 42 The City Council finds that implementation of this mitigation measure will mitigate impacts on water quality to a level of less than insignificant. Additionally, the Final EIR identifies that the Federal Emergency Management Agency (FEMA) has identified the Project site as within a flood zone designated "Flood Zone D." Mitigation measures will require the developer to install a revetment along the East Etiwanda Channel adjacent to the Project site, and implement on- and off -site drainage system improvements outlined in the Project Drainage Study (Appendix D of the draft EIR). The City Council finds that the revetment and drainage improvements will reduce flood impacts associated with the Project to a level of less than significant. iii. Transportation and Circulation. The Final EIR indicates that the proposed Project would increase vehicle trips and impact the level of service along arterial streets and intersections; specifically, the Project is anticipated to generate a total of 2,956daily vehicle trips at build -out. Further, it is assumed that at build -out 68 percent of the Project traffic would enter/exit the site along Etiwanda Avenue, while 32 percentwould use East Avenue; this distribution would cause some roads to be more intensely affected than others. Additionally, the Final EIR found that the level cf service at the intersection of Etiwanda and Highland Avenues could be reduced to a "D" level during the morning peak hourat full build - out. Mitigation Measures are imposed to require the developer to contribute a fair share to the traffic signal mitigation program of the County of San Bernardino and/or the City of Rancho Cucamonga to help fund the construction of traffic signals at the intersections of: Day Creek Boulevard/Banyan Avenue; Day Creek Boulevard/SR-210 West -bound ramp; Day Creek Boulevard/SR 210 East -bound ramp; Etiwanda Avenue/Banyan Avenue; Etiwanda Avenue/Wilson Avenue; and East Avenue/Banyan Avenue. Further, the developer will be required to pay "fair share" contribution towards off -site impacts to linked roadways and intersections as outlined in the Project traffic report; this "fair share" amount is approximately $63,818 as of the date of the traffic study. The City Council finds that based on these mitigation measures, traffic at the study intersections will be reduced to operate at a level of service of D or better (with all but one intersection operating at level of service C or better) and that the impacts of the Project on Traffic and Circulation will be mitigated to a level of less than significant. iv. Air Quality. The Final EIR identifies that the Project may create significant and unavoidable impacts on Air Quality. Specifically, the Final EIR identifies that emissions from construction -related activities are likely to exceed the threshold of significance specified by the South Coast Air Quality Management District (SCAQMD). These impacts are short-term and can cause nuisance impacts to adjacent land uses in the local area by way of fugitive dust produced by grading of the site. In addition, construction -related emissions, particularly from architectural coatings (painting) and off -road diesel equipment, are anticipated to produce D2—Pg 18 Resolution No. 04-243 Page 6 of 42 significant levels of reactive organic compounds (ROC) and nitrogen oxides (NO,) that would exceed SCAQMD thresholds of significance and result in significant short-term air pollution impacts. Comprehensive mitigation measures (Mitigation Measures 6-1 - 6-10) are imposed on the Project which will require various dust control measures, emission control measures, and off -site actions. Included in those measures are requirements to ensure that all construction equipment is properly serviced and maintained and that trucks are not left idling for prolonged periods (i.e., in excess of 10 minutes), reestablishment of ground cover through seeding and watering, phased grading to prevent the susceptibility of large areas to erosion over extended periods of time, suspension of grading operations during periods of high wind (i.e., wind speeds exceeding 25 mph), and regular washing and sweeping of the site. The Final EIR also indicates that the Project would produce long- term impacts on Air Quality as a result of the additional external vehicle trips that will be generated, and their attendant production of NO, and PM10 in excess of SCAQMD standards. Further, secondary impact potential would derive from energy consumption by on -site residential heaters, stoves, water heaters, and similar consumptive appliances. Mitigation measures imposed on the Projectto reduce long-term impacts include requiring the developer to demonstrate that all residential structures have incorporated high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters (Mitigation Measure 6-11), and that all residential structures have incorporated thermal pane windows and weather-stripping (Mitigation Measure 6-12). Further, the developer will be required to make a fair share contribution to a "park and ride" facility along the 1-15 or 1-10 freeways, as well as construct a bus stop/shelter at the trailhead park, if directed by OmniTrans. The City Council finds that with the implementation of the recommended mitigation measures directed at both short- and long-term impacts, emissions will be reduced and the Project's contribution to regional emission of criterial pollutants will be minimized. However, the City Council finds that despite the imposition of all of these comprehensive mitigation requirements, the Project will produce significant short- and long-term impacts on Air Quality due to emissions, and that these impacts will remain significant after mitigation. v. Biological Resources. The Final EIR indicates that, prior to the Grand Prix fire in October 2003, the Project site contained approximately 109 acres of sage scrub (including white sage), along with California buckwheat, California filago, valley lessingia, popcorn flower, and common phacelia; the Project will eliminate this vegetation through development of the area. Further, the Project will impact sensitive plant species present on the site (as determined before the 2003 wildfire) including Plummer's mariposa lily, Pious daisy, and four separate types of spineflowers (Ramona, prostrate, California, and Parry's). Development of the site will also impact wildlife corridors and will remove habitat that supports a number of sensitive species that were either D2—Pg 19 Resolution No. 04-243 Page 7 of 42 observed onsile or have a moderate to high potential to occur onsite, including the sharp -shinned hawk, Southern California rufous -crowned sparrow, red -shouldered hawk, white-tailed kite, northern harrier, Cooper's hawk, San Diego horned lizard, and orange -throated whiptail. The Final EIR indicated that the California gnatcatcher (a federallylisted threatened species) has not been observed on -site and has a law probability of occurring on the site due to the type of vegetation present. Also, the Final EIR found that while a portion of the Project site (the Etiwanda Creek channel) is within the historical range of the endangered San Bernardino Kangaroo Rat (SBKR), since the creek channel is not proposed for development, the Projectwill not cause direct impacts to the SBKR. The Final EIR further found that development of the site will remove 0.48 acres of land in four small drainages that are under Army Corps of Engineers (ACOE) jurisdiction, but that none of these areas is considered a wetland. The Final EIR found that the Project is not consistent with the goals of the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) since it does not include any on -site preservation of open space lands. Mitigation measures have been imposed on the project to require the Project. developer to acquire and convey to the County approximately 164 acres of land as off -site mitigation land. This 164-acre area is intended to accomplish a 1:5 to 1 ratio to mitigate for the loss of the approximately 109 acres of sage scrub. and to mitigate the potential loss of habitat for sensitive plants and animal species. The City finds that the recommended mitigation measures will help reduce potentially significant impacts regarding the loss of habitat, but that the impacts will remain significant after mitigation. vi. Hazards. The Final EIR identifies that the Project would expose people and structures to potential hazards due to the possibility of hazardous materials spills on nearby state highways, and due to the minor use of chemicals and other materials typical of suburban uses. Additionally, the Project would expose more people and structures to potential wildfire hazards, and would expose more people to potentially dangerous wildlife/human encounters. Mitigation measures imposed will require submission of a plan detailing proper clean-up efforts for any hazardous or toxic substance that is discovered or released during construction (Mitigation Measure 9-1); development of fuel modification zones, and the requirement of "firewise" landscaping and the use of fire-resistant building materials to reduce fire hazards (Mitigation Measures 9-2 - 9-4); and the posting of signs warning of the potential risk of wildlife/human interactions on the site (Mitigation Measure 9-8). The City Council finds that after implementation of these measures, potentially significant impacts relating to Hazards will be reduced to a level of less than significant. vii. Noise. The Final. EIR identifies the likelihood of short-term impacts on ambient noise levels during construction of the Project. The primary source of construction noise is heavy equipment associated with construction activities; earth -moving equipment is anticipated to create D2—Pg 20 Resolution No. 04-243 Page 8 of 42 noise up to 90-dB. A mitigation measure has been imposed that will require the construction contractors to adhere to the City's Development Code for hours of construction activity — 6:30 a.m. to 8:00 p.m., Monday through Saturday, with no construction to take place on Sundays or holidays (Mitigation Measure 10-2). Based on this mitigation measure, the City Council finds that the short term noise impacts from the Project will be reduced to less than significant levels. The Final EIR also identified that noise levels would increase in the long-term due to additional motor vehicle noise and from general human activity. In the opening year (2005), noise levels at fifty feet from the centerline of area roadways would range from a low of 58.1 CNEL along Wilson Avenue east of Etiwanda Avenue to a high of 78.3 CNEL along Highland Avenue east of Etiwanda Avenue. A mitigation measure will be imposed to require the developer to document that exterior residential areas will have exterior noise levels of less than 65 dB CNEL (Mitigation Measure 10-5), and that interiorliving area noise levels are less than 45 dB CNEL (Mitigation Measure 10-6). Further, the developer will be required to incorporate site designs and measures to help reduce proposed noise levels over the long-term. The City Council finds that based on these mitigation measures, the potential noise impacts of the Project on current and future residents will be mitigated to a'level of less than significant. vtii. Public Services. The Final EIR identifies that due to population increases associated with the Project, the proposed Project would incrementally increase the need for public services in the areas of fire protection, police protection, schools, libraries, medical services, and roads. A mitigation measure is imposed to require the developer to pay all legally established public service fees, including police, fire, schools, parks, and libraryfees (Mitigation Measure 11-1). Additionally, in orderto reduce the number of fire incidents requiring response by the City's Fire Department, the project developerwould be required to obtain approval from the Fire Department with regard to adequate fire flow and installation of acceptable fire-resistant structural materials in project buildings (Mitigation Measure 11-3). Additionally, the developer will be required to post a bond in an amount sufficient to ensure installation and maintenance of public and private roads, and drainage facilities necessary for each phase of the project (Mitigation Measure 11-5). The City Council finds that the imposition and implementation of these mitigation measures will mitigate the Project's impacts on Public Services to a level of less than significant. ix. Utilities. The Final EIR identifies that the Projectwould create potentially significant impacts as a result of new residential water requirements of approximately 602,819 gallons of water per day; this water would be provided from an existing two million gallon water reservoir via an existing water main, however, as growth continues in the Project area, additional offsite water storage facilities would be required. Further, the Final EIR indicates that based on an estimate of 270 gallons of D2—Pg 21 Resolution No. 04-243 Page 37 of 42 d, The key switch shall be located immediately adjacent to the Knox Box for use In the event that the traffic pre-empflon device fails to operate. e. The gate shall remain in the open position for not less than 20-minutes and shall automatically reset. Contact Buildinp and Safety/Fire Construction Services 909 477.2713 for ins action. 5. Vegetation: Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14-feat, 6-inches from the ground up, so as not to impede. fire vehicles. Contact the Fire Safety Division (909) 477.2770 FSC-5 Hazardous Fire Area 1. Designated Hazardous Fire Area: This project is located within the "State Responsibility Area" (SRA), the "Very High Fire Hazard Severity Zoner (VHFHSZ), City of Rancho Cucamonga "Hillside District," or within the area identified on the Rancho Cucamonga General Plan, Exhibit V-7 as High Probability -High Conseguence for Fire Risk- These locations have been determined to be within the "Hazardous Fire Area" as defined by the Fire District. This determination is based on maps produced by the Califomia Department of Forestry and Fire Protection and the City of Rancho Cucamonga. Contact the Fire Safety Division (909) 477-2770 2. Hazardous Fire Area Development: Hazardous Fire Area Development: Place a note on the plans stating -Prior to the issuance of a building permit, the applicant shall meet all requirements for development and construction within the designated "Hazardous Fire Area." The minimum standard adopted by the Fire District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards. This standard includes provisions for the following: a. Class A roof assemblies, b. Fuel modification/hazard reduction plans, c. Approved Fire District access roadways, - d. One -hour fire -resistive construction with protected openings maybe required, e. Fire sprinkler system may be required, 1. The required fire flow of minimum duration shall be provided from an on -site water supply. g. Visit www.co.san-bemardino.ca.uspanduseseNices/DevCode/805-Overlav%2ODistricts.i)df, for an Adobe copy. The regulations are contained. in Chapter 2- Hazard Protection, Article 2- Fire Safely (FR) Overlay District. Contact the Fire Safety Division 909 477-2770 3. Construction Standards: Summary of construction requirements for the Hazardous Fire Area: a. The roof shall be a Class A fire -resistive assembly approved by Building and Safety. Fire - retardant Class A wood shakes and shingles shall have completed a 10-year "natural" weathering test. Class A roof assemblies shall be installed in accordance with their listing and manufacturer's Instructions. b. The space between rafts at exterior walls shall be solidly filled with tight -fitting wood blocks at one and one-half (1.1/2) inches thick. May be "boxed." c. The exposed surface of exterior wall must be listed as one -hour fire -resistive construction. d. All exterior doors must be solid core or wood portions shall be solid core wood. e. All windows, sliding glass doors or glass insets in does shall be constructed of approved dual - pane glass. I. Cantilevered or standard type desks shall be constructed of 1.) A minimum of at least one and one-half (1.1/2) inch wood deck; and/or 2.) Protected on the underside by materials approved for one (one) hour fire -resistive construction; and/or 3.) Be of non-combustible materials, as defined in the Building Code. D2—Pg 22 Resolution No. 04-243 Page 38 of 42 g. Patio covers attached or within 10-feet of a residential structure shall be constructed of materials not less than one -haft (112) inch. Plastic, bamboo, straw, fiberglass, or wood -lattice less than one-half (112) inch are not permitted. h. All required fences adjacent to fuel modificationareas or wildland areas as conditions of approval for a project shall be of non-combustible materials as defined in the Building Code. Any fence within 10-feel of the fuel modification area or wildland area shall be non-combustible. Beyond 10 feet the may be constructed of any approved material. All other fences, including those on the interior of the project are not subject to this requirement. 1. Visit www co san-bernardino ca usAanduseservices/DevCode/805-Overlay°/ 2ODistricts pdf, for an Adobe copy. The regulations are contained in Chapter 2- Hazard Protection, Article 2- Fire Safety I FR) Overlay DisMct. :Review the County Fire Safety Overlay District standard for complete requirements. Contact the Fire Safety DNision (909) 477.2770 4 Perimeter Roadway Required: A roadway shall be provided along the project perimeter exposed to a fire hazard or fuel modified area. The roadway is to allow fire district vehicle access. Such roadway shall be a minimum twenty (20) feet in width, with a grade not to exceed fourteen percent (14%), and capable of supporting fire fighting vehicles. Contact the Fire Safety Division at (909) 477.2770, Extension 3009, for specific requirements. Correct North Access road to reflect minimum of 20 feet. 5. Power -operated Equipment Use in a Hazardous Fire Area: Submit a "Fire Prevention and Control Plan" to the Rancho Cucamonga Fire Protection District, Fire Safety Division for ieview and approval. The plan shall includejob location, specific fire tools to be maintained on -site, person(s) responsible for supervising the project (on -site), method of reporting a fire (cell phone, etc.), City or County Permit Number, contractors license number, address, telephone number, etc. Fire District Approval Required for Equipment Use: No power -operated equipment, including mobile, stationary, or portable, shall be used without Fire Safety Division written approval. 6. Combustible Vegetation: During the declared "fire season" or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, contact the Fire Protection District during normal business hours to determine if "special fire protection measures" are required to operate power equipment. Call (909) 477.2770, Monday through Thursday, between 7:00 AM and 5:00 PM. The purpose of the call is to determine If extreme fire weather conditions are present or expected to occur. 7. Special Fire Protection Required: "Special fire protection measures" include, but are not limited to; a. A stand-by water tender with operating pump; tested and maintained fire hose and nozzles. b. Pre -wetting of the site to avoid the production of sparks, i.e., contact between blades or tracks and rocks, etc. c. The Fire District requires the contractor to maintain a firewatch for aminimum of one -hour following cessation of operations each day. d, For welding, cutting or grinding clear away all flammable material from the area around such operation for a minimum distance of 10-feet. A "hot -work" permit will be required. e. Maintain one serviceable round point shovel with an overall length of not lass than forty-six (46) inches and one five (5) gallon backpack water pump -type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Contact the Fire Safety Division 909 477-2770 FSC-6 Fuel Mocifffcation/Hazard Reduction Plan (Required Notes for All Maps and Plans) 1. Hazardous Fire Area: This project is located in the "Hazardous Fire Area" based on proximity to or exposure urban—wildland interface. Mitigation measures are required. The b0ding(s) shall be constructed in accordance with the standards contained in the San Bernardino County Fire Safety Overlay District- Area FRA or Area FR-2. D2—Pg 23 Resolution No. 04-243 Page 39 of 42 " i. Provide an appropriate recorded document filed with the County Recorder showing continued maintenance responsibility in the event of property transfer, change In membership of directors, change in CC&it's. j. Maintenance responsibility requirements and appropriate recorded document filed with the County Recorder 5. Initial Inspection: Prior to the issuance of a building permit, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire District, before the introduction of any combustible materials into the project area. Approval is subject to final on -site inspection. 6. Final Inspection and Documentation: Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modification/hazard reduction plan shall be installed. The Fire District shall inspect and approve the completed fuel modification areas. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire District. The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subject to (annual) triennial inspections. 7. Phased or Temporary Plans: Phased projects or temporary fuel modification plans must meet the requirements for permanent plans and be approved by the Fire District. 8. Single-family In -fill Projects: For a single-family dwelling project located in the Hazardous Fire Area, a simplified landscaping/fuel modification plan may be acceptable. The plan shall detail the defensible space. Provide a minimum thirty (30) foot space for slopes less than 15% and,a minimum one hundred (100) feet space for slopes or 15 % or more. Show proposed and/or existing vegetation. Refer to the following web site for further information- htto://www.uctol.ucoo.edu/I-Zone/XIV/vegetati.htm. The Fire District can provide a single page sheet of standardized notes for inclusion on the construction plans. Call - (909) 477.2770 to obtain a copy, and to determine if your project is eligible. FSC-12 Plan Submittal Required Notice '-Required plans shall be submitted and approved prior to construction in accordance with 2000/2001 Building, Fire, Mechanical, and Plumbing Codes; 1999.Electr!Cal Code; Health and Safety Code; Public Resources Code; and RCFPD Ordinances FD15 and F039, Guidelines and Standards. In addition to the fees due at this time please note that separate plan check fees for tenant provements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of ans. FOTE: PRIOR;TO ISSUANCE OF BUILDING PERMITS -Complete the following: 1. Public Fire Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. On the plan show all existing fire hydrants within a 600-foot radius of the project. Contact the Fire Safety Division (909) 477-2770 2. Public Installation: All required public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on -site (i.e., lumber, roofing materials, etc.). Water District personnel shall inspect the installation and witness hydrant flushing. The builder/developer shall submit a copy of the Water District inspection report to the Fire Safety Division. Contact Water District to schedule testing. 3. Hazardous Fire Area Construction: The building or project is located within the designated ' Hazardous Fire Area. All buildings and structures shall be constructed in accordance with the provisions of County Fire Safety Review Area (One or Two) tFR-1/FR-2) standards. In the Hazardous Fire Area the applicant shall provide a modified one -hour fire -resistive wall for the following exterior wall(s) based on exposure to unmodified native vegetation or potential exposure to embers or debris from a wind -driven fire: a. North Side- b. South Side- D2-Pg 24 Resolution No. 04-243 Page 40 of 42 2. of proposed vegetation. All groundcover, shrubs, plants, and trees are required to be fire -resistive in accordance with three (3) published references. Refer to the following web site httpJ/www.ucfpl.ucop.edu/l- Zone/W/vagetati.htrn for additional information. The plant palette shall include the common name for all vegetation. The landscaping plan shall identify all native species proposed for retention. the Fire District approval of a preliminary fuel modification/hazard reduction plan and program. The plan(s) shall be prepared by an individual or firm qualified and experienced in wildfire hazard mitigation planning. a. Shaw all property lines, contour lines, locations of proposed buildings or structures, b. Show the 30-toot minimum defensible space for slopes less than 15 % and 100-feet for slope 15 % or more (Zone 1- Setback Zone) around the perimeter of each building or structure. c. Show each fuel modification zone (setback, irrigated, thinning, and interface thinning). d. Show existing vegetation impacted by the required luel modification and, if available, proposed vegetation to be planted in the fuel modification area. The preliminary plans should be sensitive to rare, threatened, or endangered species and the applicantmust be prepared to address their disposition in the final plans. e. Include photographs of the area that show the type of vegetation currently existing; include height and density; and relationship to grade. I. Describe the fuel modification methods to be used for vegetation removal, If appropriate, i.e., mechanical or manual. g. Describe on the plan what exists up to not less than 600-feel beyond the site or development property line in all directions, i.e., built-up area, natural vegetation, roads, parks, green space, etc. State on the plan who will have ultimate responsibility for maintenance of fuel modification zones. 4. Final Fuel Modification Plan: Prior to the issuance of any building permit, the applicant shall obtain Fire District approval of a final fuel modification/hazard reduction plan and program. The plan shall indicate the proposed means of achieving an acceptable level of risk to the structures by vegetation. a. Show each fuel modification zone (setback, irrigated, thinning, and Interface thinning). Indicate locations of permanent zone identification markers. b. Include irrigation plans and specifications. c. Attach a landscape plan. The landscape plan must identify the location and type of supplemental plantings.. The plans and specifications shall include both the common and botanical names of new and existing plants within the fuel modification area. Clearly indicate on the plans the disposition of impacted existing vegetation. d. The landscape plan shall include any special or specific maintenance Intended for the site such as pruning, 'Ifmbing" up, mowing, etc. e. Describe the fuel motfffication methods to be used for vegetation removal, if appropriate, i.e., mechanical or manual. 1. Describe on the plan what exists up to not less than 600-feel beyond the site or development property line in all directions, i.e., built-up area, natural vegetation, roads, parks, green space, etc. g. State on the plan who will ultimate responsibility for maintenance of fuel modification zones. h. Include on the title sheet any tract/project conditions of approval, CC&R's, and/or deed restrictions related to the site or final fuel modification area. Include a copy of the approved preliminary fuel modification plans with this submittal. D2—Pg 25 Resolution No. 04-243 Page 41 of 42 c. East Side- d. West Side - No vent openings are permitted on or in building components or surfaces that are parallel to any wall required to be constructed of modified one -hour fire -resistive construction. Contact the Fire Safety Division 909 477-2770 4. Hazardous Fire Area Development: Hazardous Fire Area Development: Place a note on the oleos stating -Prior to the issuance of a building permit, the applicant shall meet all requirements for development and construction within the designated "Hazardous Fire Area." The minimum standard adopted by the Fire District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards. This standard includes provisions for the following: a. Class A roof assemblies; b. Fuel mod'rfication/hazard reduction plans; c. Approved Fire District access roadways; d. One -hour fire -resistive construction for exterior walls may be required; e. The required fire flow of minimum duration shall be provided from the public water system or an on -site water supply. 5. Architectural Plans- Single-fami)y Residential Hazardous Fire Area: Prior to the issuance of a building permit the applicant shall submit architectural plans for the review and approval of the Fire Safety Division. The Fire Safety Division review is intended to ensure that conditions established during the development review have been included in the design of the project. Contact the Fire Safety Division (909) 477-2770 6. Fuel Modification Plan- Initial Inspection: Prior to the issuance of a building permit, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire District before the introduction of any combustible materials into the project area. Approvalis subject to final on -she inspection. Contact the Fire Safety Division (909) 477.2770 PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On private property these markers are to be maintained in good condition by the property owner. Contact Building and Safety/Fire Construction Services (909) 477-2713. 2. Address Single-family: New single-family dwellings shall post the address with minimum 4-inch numbers on acontrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street When building setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the property entry. 3. Required Landscaping Plans: Landscaping plans shall be submitted to the Fire Safety Division for review of proposed vegetation. All groundcover, shrubs, plants, and trees are required to be fire -resistive in accordance with at least three (3) published references. Refer to the following web site for additional information- http://www.uofpl.uco;).eduA-Zone/XIV/vegetati.htm. The plant palette shall include the common name for all vegetation. The landscaping plan shall identify all native species proposed for retention. Contact the Fire Safety Division (909) 477-2770 4. Fuel Modification Plan- Final Inspection and Documentation: Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modtficatiorthazard reduction plan shall be installed. The Fire District shall inspect and approve the completed fuel modification areas. Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire District. The CC&R's shall: contain provisions for maintaining the fuel modification zones, including the removal of ail dead and dying vegetation subject to (annual) triennial inspections. Contact the Fire Safety Division (909)477.2770 D2—Pg 26 Resolution No. 04-243 Page 42 of 42 Items or Issues Not Identified Elsewhere 1. Perimeter wall construction on the North, West, and East of the development shall be block construction unless mitigated through other means of fuel modification and management. Fire District Forms and Letters Note: If these conditions are part of the final Standard Conditions Issued by the Planning Division referenced Fire District forms and letters are not Included. Contact the Fire Safely Division for copies of forms or letters. The forms and letter are also found in previously issued Fire District comments. Fire District Review Letter (P&E)- Template SL 10/31/02 Revision D2—Pg 27 O N I N 00 MITIGATION MONITORING CHECKLIST Project File No.: SCH# 2003081085 Tract Development Project Applicant: Tracy Development Prepared by: Kent Norton — Michael Brandman Associates Date: April 28, 2004 Measures No. ResponsibleMitigation 3 MW Implementing Action for Monitoring Frequency Verification Verification Date /initials 1.0 Land Use and planning 1-1 Prior to recordation of each phase, or issuance of grading CID Prior to Recordation or C, D 1,2 permits for each phase, the applicant shall submit and obtain recordation grading permit approval of a landscape plan that demonstrates compliance or issuance issuance with the City of Rancho Cucamonga's Neighborhood Theme of grading Plan in the Etiwanda North Specific Plan, to the satisfaction of permits for the. City Planning Department. each phase 2.0 Population and Housing None Required 3.0 Earth Resources 3-1 Prior to the issuance of building permits, the developer BO B Prior to building C 2 shall demonstrate that each lot is buildable. & complies with permit issuance the recommendations and general earthwork and grading specifications found in the -RMA Group Geotechnical Investigation (DEIR Appendix C). This measure shall be 'implemented to the satisfaction of the Building Official. 3-2 Prior to the issuance of grading permits and/or BO B Prior to grading C 1,2 recordation of each phase, a detailed geologic and permit issuance geotechnical investigation shall be prepared and approvedfor and/or recordation the residential building areas and all roads. The report shall of eachphase demonstrate that each lot is buildable and identify potential geologic and soil limitations and recommend appropriate engineering and design measures to adequately protect structures and inhabitants. This report shall'also examine the drainage area adjacent to East Etiwanda Creek to identify potential landslide, erosion, or other slopes that could affect the residential area. Subsequent foundation and other design guidelines in these studies shall be consistent with the standards established in the RMA Group Geotechnical Investigation (DEIR Appendix C). This measure shall be implemented to the satisfaction of the City Engineer. Mitigation Measures No. ,Implementing Action 3.0 Earth Resources Responsible for Monitoring Monitoring Frequency ilming' of Verification Method of Verification Verif ied .!Sanctions for Date /initials Non -Compliance 3-3 Prior to the issuance of grading permits and/or BO B Prior to grading C 1,2 recordation, construction measures recommended by the permit'issuance detailed geological investigation identified in Measure 3-2 and/or recordation shall'be identified on grading plansand implemented to the satisfaction of the City Engineer. 3-4 Prior to the issuance of a grading permit for each phase, BO B C Prior to grading A, C 2,4 the developer shall prepare and submit a Dust Control Plan to permit issuance the City that meets all applicable requirements of the for each phase SCAOMD. The Plan must be approved by the City Building and Safety Department, prior toissuance of the grading permit and demonstrate that methods are in place to assure the following: a)Areas disturbed by construction activities and/or used to store backfill- materials, will be sprayed with water at least twice a day, in the morning and afternoon, or more often if fugitive dust is observed migrating from the site. b)Storage piles, which are to be left in place for more than three working days shall either be sprayed with a non -toxic I soil binder or covered with plastic or revegetated until placed i in use. c)Tires of vehicles will be washed before the vehicle leaves the project site and enters a paved road. d)Dirt on paved surfaces shall be removed daily to minimize generation of fugitive dust. O 3-5 Prior to the issuance of building permits, where cut and CID B Prior to building A 2 fill slopes are created higher than three feet, a detailed permit issuance Landscape and Irrigation Plan shall be submitted to the City Planning Department prior to grading plan approval. The plans shall be reviewed for type and density of ground cover, shrubs, and trees, and shall be consistent with the Neighborhood Theme Plan of the Etiwanda North Specific Plan. This measure shall be implemented to the satisfaction of the City Planner. 3-6 Prior to the issuance of building permits, graded, but BO B, C Prior to building A, C 2,3 undeveloped land shall be maintained weed -free and planted permit issuance with interim landscaping within ninety days of completion of grading, unless building permits are obtained. This measure shall be implemented to the satisfaction of the City Building Official. 2OF21 0 N I v w 0 Measures No./ ResponsibleMitigation lNon-Compliance, ,,Implementing Action forMonitoring Frequency Verification- Verification Datellnitials 3.0 Earth Resources 3-7 Prior to the issuance of occupancy permits, planting. of CE B, C Prior to A, C 3 developed land shall comply with the National Pollutant occupancy permit Discharge Elimination System (NPDES) Best Management issuance Practices Construction Handbook Section 6.2. This measure I shall be implemented to the satisfaction of the City Engineer. 3-8 Prior to the issuance of building permits, all grading shall BO B. C Prior to building A, C 2 be conducted in conformance with the recommendations permit issuance contained within the Geotechnical Report included as DEIR Appendix B. This measure shall be implemented to the I satisfaction of the City Engineer. 4.0 Water Resources 4-1 Prior to the issuance of'a grading permit, the developer CE B Prior to grading A, C 2 shall obtain Clean Water Act Section 401 and 404'permits (for permit issuance water quality certification for dredge and fill operations), if necessary, from the U.S. Army Corps of Engineers. Copies of the same shall be provided to City Building and Safety. This measure shall be implemented to the satisfaction of the City Engineer. 4-2 Prior to issuance of the first occupancy permit, the CE B Prior to issuance B 3 planned revetment along the East Etiwanda Channel adjacent of first occupancy to the project site shall be installed, subject to approval by the permit San Bernardino County Flood Control District and receipt of i that approval to the City Engineer. i 4-3 Prior to the recordation of each phase or approval of a CE B Prior to the A. B; C 1,2 grading permit, the project proponent will implement the on- recordation of and off -site drainage system improvements as outlined in the each phase or project Drainage Study (DEIR Appendix D). This includes approval of a detention facilities proposed at 24th Street (Wilson Avenue) grading permit and Etiwanda Creek or onsite, participation in the County's Etiwanda Creek fee program, and participation in the City of Rancho Cucamonga's Etiwanda/San Sevaine Area Drainage Policy program, including appropriate fair share fees. Implementation of this measure is subject to review and approval by the City Engineer prior to issuance of a grading permit. 3OF21 Mitigation Measures No. I Responsible Mo• Implementing Action forWinitoring Frequency Verification Verification Date /initials 0 2 4.0 Water Resources 4-4 Prior to issuance of building permits, the applicant shall CE B. Prior to building D 2 submit to the City Engineer for approval of a Water Quality permit issuance Management Plan (WQMP), including a project description and identifying Best Management Practices {BMPs) that will be used on -site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and. Redevelopment adopted by the City of Rancho Cucamonga June 2000. 4-5 Prior to issuance of grading or paving permits, applicant CE B Prior to grading or D 2 shall submit to the City Engineer a Notice of Intent (NOI) to paving permits comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from. the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Dischargers Identification Number) shall be submitted to the City Engineer for coverage underthe NPDES General Construction Permit. 4-6 Prior to the issuance of building permits, drainage and CE B Prior to building A, C 2 flood control facilities and improvements shall be designed permit issuance and constructed in accordance with the San Bernardino County Flood Control District requirements, as applicable. This measure shall be implemented to the satisfaction of the County Flood Control District and receipt of approval by the City Engineer. 4-7 Prior to issuance of a grading permit, the developer will CE B Prior to grading C 2 pay the required drainage fee related to the San Bernardino permit issuance County Flood Control District Etiwanda Creek watershed. This measure shall be implemented to the satisfaction of the County Flood Control District and receipt of approval by the City Engineer. 4OF21 Measures No. Responsible'"Mitigiition .. of Verified Isanctions for lmplem.bnting Action for Monitoring Frequency Verification Verification .. 5.0 Transportation and Circulation 5-1 Prior to the issuance of the first occupancy permit for the CE D Prior to first B,D 3 project, the following intersections are projected to be occupancy permit warranted for traffic signals by opening year: issuance • Day Creek Boulevard (NS) at Banyan Avenue (EW) • Day Creek Boulevard (NS) at SR-210 West Bound Ramp (EW) • Day Creek Boulevard (NS) at SR-210 East Bound Ramp (EW) • Etiwanda Avenue (NS) at Banyan Avenue (EW) • Etiwanda Avenue (NS) at Wilson Avenue (EW) • East Avenue (NS) at Banyan Avenue (EW) The applicant shall make a fair share- contribution, as identified in the .project traffic ,report, to the traffic signal mitigation program of the County of San Bernardino and/or City of Rancho Cucamonga, as appropriate. This measure shall be implemented to the satisfaction of the City Engineer. 5-2 Prior to the issuance of building permits for each phase, CE C Prior to building A, B, C 2 the project shall incorporate bus turn -outs and/or shelters if permit issuance required by Omni -Trans and/or the Transportation for each phase Commission. The project applicant shall consult with and - obtain clearance from these agencies to assure compliance with the Regional Mobility and Air Quality Management Plans. Confirmation of contact and compliance with their requirements shall be provided to the City Engineer. This measure shall be implemented to the satisfaction of the City Engineer. 5-3 Prior to the issuance of building permits for each phase, CE B Prior to building C 2 the applicant shall pay a fair share basis for off -site permit issuance improvements as identified in the project traffic report. This for each phase measure shall be implemented to the satisfaction of the City Engineer, including but not limited to the following: 24'" Avenue (Wilson. Avenue)from Etiwanda Avenue to Day Creek; Day Creek Boulevard from 24'" (Wilson) to Highland Avenue; • 24"' (Wilson) between Etiwanda Avenue and Wardman Bullock Road; and East Avenue from south of the project limit to 23rd Street. 5OF21 N I v w w Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Irnplernenting Action for Monitoring Frequency Verification Verification Date /initials 5.0 Transportation and Circulation 5-4 Prior to the issuance of building permits for each phase, CE B Prior to building C 2 the applicant shall pay a "fair share' contribution towards off- permit issuance site impacts to linked roadways and intersections, as outlined for each phase in the project traffic report. The project share of the cost has been calculated based on the proportion of the project. peak hour traffic contributed to the improvement location relative to j the total new peak hour Year 2015 traffic volume. The project's fair share of identified intersection and roadway link cost is $63,818 as of the date of the traffic study. This measure shall be implemented to the satisfaction of City Engineer, including any changes in the project's fair share contribution due to changes in the Consumer Price Index or similar public works measures. I 5-5 Prior to issuance of an occupancy permit for the first CE D Prior to first A 3 residential unit, the developer shall construct East Avenue occupancy permit and Etiwanda Avenue to City standards, as outlined in the issuance project traffic report. These improvements will be made to the satisfaction of the City Engineer. 5-6 Prior to the issuance of grading permits, the developer CE B Prior to grading A, D 2 shall coordinate all construction -related activities to minimize permit issuance congestion and delay on local roadways, to the satisfaction of City Engineer. 6OF21 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified 'Sanctions for lmo!ementing Action for Monitoring, Frequency Verification Verification .. 5.0 Transportation and Circulation 5-7 Prior to the issuance of grading permits, the developer 60 B Prior to grading D 2 shall submit a Dust Control Plan (DCP) to the City Building permit issuance and Safety Department consistent with SCAQMD guidelines. The DCP shall include activities to reduce on -site and on -site dust production. This measure shall be implemented to the satisfaction of the City Building Official. Such activities shall include, but are not limited to, the following: @)Throughout grading and construction activities, exposed soil shall be kept moist through a minimum of twice daily watering to reduce fugitive dust. b)Street sweeping shall be conducted, when visible soil accumulations occur along site access roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving dirt or bringing construction materials. Site access driveways and adjacent streets will be washed if there are visible signs of any dirt track -out at the conclusion of any workday. c)AII trucks hauling dirt away from the site shallbecovered to prevent the generation of fugitive dust. d)During high wind conditions (i.e., wind speeds exceeding 25 mph), areas with disturbed soil will be watered hourly, and _ activities on unpaved surfaces shall be terminated until wind speeds no longer exceed 25 mph. 6.0 Air Quality 6-1 During construction, all construction equipment shall be BO C City Inspectors to A 4 maintained in good operating condition so as to reduce monitor during ,operational emissions. Contractor shall ensure that all construction construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 6-2 Prior to the issuance of any grading permits, developer CID B Developer to C, D 2 shall submit construction plans to City denoting the proposed submit schedule and projected equipment use. Construction documentation of contractors shall provide evidence that low emission mobile compliance construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures City Inspectors to A 4 imposed by the South Coast Air Quality Management District monitor (SCAQMD) as well as City Planning Staff, compliance j 7OF21 'Mill ation Measures No./ lamenting Action p6nsible . Monitoring TirningW Method of Verified 1P for .. te /Initials 6.0 Air Quality 6-3 During construction, all paints and, coatings shall meet or BO C City Inspectors to A 4 exceed performance standards noted in SCAQMD Rule 1113. monitor Paints and coatings shall be applied either by hand or high compliance volume, low-pressure spray, to the satisfaction of the City during painting Inspectors. 6-4 During construction, all asphalt shall meet or exceed BO C City Inspectors to A 4 performance standards noted in SCAQMD Rule 1108, to the monitor satisfaction of the City Inspectors. compliance - during paving 6-5 During grading and construction, the prime contractor BO C City Inspectors to A 4 shall post signs requiring that trucks shall not be left idling for monitor prolonged periods (i.e., in excess of 10 minutes), compliance during construction 6-6 During construction, all construction equipment shall BO C City Inspectors to A 4 comply with SCAQMD Rules 402 and 403, to the satisfaction monitor of the City Inspectors. Additionally, contractors shall include compliance the following provisions: during • Reestablish. ground cover on the construction site construction through seeding and watering; • Pave or apply gravel to any on -site haul roads; • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods; • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices; • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction; • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements; and • Maintain a minimum 24-inchfreeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. _I 8OF21 Mitigation Measures No. Responsible Monitoring Timing of Method.of Verified �Implementlng Action for Monitoring Frequency Verification Verification Date /Initials 6.0 Air Quality I 6-7 During grading, the site shall be treated with water or BO B City Inspectors to A. D 4 other soil -stabilizing agent (approved by SCAQMD and monitor ' Regional Water Quality Control Board [RWQCB)) daily to compliance reduce PM'o emissions, in accordance with SCAQMD Rule during grading 403. This measure shall be implemented to the satisfaction of the City Inspectors. i 6-8 Chemical soil stabilizers (approved by SCAQMD and BO C City Inspectors to A 4 RWQCB) shall be applied to all inactive construction areas monitor that remain inactive for 96 hours or more to reduce PMio compliance emissions. This measure shall be implemented to the during satisfaction of the City Inspectors. construction 6-9 During construction, contractors shall utilize electric or BO C City Inspectors to A 4 clean alternative fuel powered equipment where feasible. monitor This measure shall be implemented to the satisfaction of the compliance City Inspectors. 6-10 During construction, contractors shall ensure that BO C City Inspectors to A 4 , construction and grading plans include a statement that work monitor { crews will shut off equipment when not in use. This measure compliance shall be implemented to the satisfaction of the City Inspectors. during construction 6-11 Prior to approval of building permits, the developer shall BO B Developer C 2 demonstrate that all residential structures have incorporated .submits plans for high efficiency/low polluting heating, air conditioning, approval appliances and water heaters. This measure shall be implemented to the satisfaction of the City Building Official. 6-12 Prior to approval of building permits, the developer shall BO B Developer C 2 demonstrate that all residential structures have incorporated submits plans for thermal pane windows and weather-stripping. This measure approval shall be implemented to the satisfaction, of the City Building Official. 6-13 Prior to the issuance of building permits, the developer CID B Developer C. D 2 shall submit and obtain approval of a plan for the provision of submits plans for adequate pedestrian and bicycle facilities for project residents approval throughout the project. The plan shall detail the construction timing for bike racks at the two parks, sidewalks, and trails based upon completion prior to occupancy of the first unit of the subject phase: This measure shall be implemented to the satisfaction of the City Planning Department. 9OF21 0 N I v to w V Mitigation Measures No. I Responsible Monitoring Timing of Meth6d of Verified InIplementing Action for Monitoring Frequency Verification Verifibation Date /initials 6.0 Air Quality 6.14 Prior to the issuance of the first occupancy permit, the CE B Developer C, D 2 applicant shall make a fair share contribution to a park and .submits proof of ride facility along the 1-15 or 1-10 Freeways that would serve fee payment project residents. The fair share calculation shall be determined to thesatisfaction of City Engineer. The applicant shall place the appropriate funds in specialaccount for such purposes. This measure shall be implemented to the satisfaction of the City Engineer. 6-15 Prior to issuance of the first occupancy permit, the CE E Developer shall B, D 3 applicant shall provide a bus stop/shelter at the trailhead park construct bus to OmniTrans standards if so directed by OmniTrans, and to stop/shelter if the satisfaction of the City Engineer. needed 7.0 Biological Resources 7-1 If necessary, the applicant shall obtain the appropriate CID B Developer shall B, D 2. federal Clean Water Act (CWA) Section 404 permit from the obtain U.S. Army Corps of Engineers. If a permit is required, the determination applicant will mitigate any loss of jurisdictional land orwetland from USACOE if areas at a minimum 1:1 ratio, which is consistent with the permit is needed project delineation report.. This measure shall be — developer shall implemented to the satisfaction of the City Planning obtain if needed Department prior to the issuance of grading permits. 7-2. Prior to the issuance of a grading permit, the applicant CID B Developer shall B, D 2 shall obtain a CWA Section 401 Certification from the obtain Regional Water Quality Control Board, if necessary. This determination measure shall be implemented to the satisfaction of the City from RWQCB if Planning Department prior to the -issuance of gradingpermits. permit is needed — developer shall obtain if needed 7-3 If necessary, the applicant shall obtain a Streambed CID B Developer shall B, D 2 Alteration Agreement (SAA) from the California Department of obtain Fish and Game. If an SAA is required, the applicant will determination mitigate any loss of jurisdictional land at a minimum 1:1 ratio from CDF&G if as recommended by the project biology report. This measure permit is needed shall be implemented to the satisfaction of the City Planning —developer shall Department priorto the issuance of grading permits. obtain if needed 10 OF 21 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Implementing Action for Monitoring Frequency Verification Verifkation Date /Init! Is 7.0 Biological Resources 7-4 Prior to the issuance of occupancy permits, all CID D Developer shall A 3 manufactured slopes on the periphery of the development install required shall be landscaped as approved by Planning staff. This landscaping measure shall be implemented to the satisfaction of the City Planner, prior to the issuance of occupancy permits for the first unit in each phase. Prior to recordation of each phase, the phase map shall contain a note requiring this measure. 7-5 Prior to issuance of a grading permit, the applicant shall CP B Developer shall B, D 2 acquire and convey to the County Special District OS-1 or provide proof of other appropriate conservation organization 164 acres of land CSD within or near the NEOSHPP area that supports alluvial fan establishment sage scrub and/or upland sage scrub. This measure is proposed to mitigate the potential loss of habitat for sensitive plant and animal species, and the loss of raptor foraging land. This offsite mitigation land (OML) shall be of equal or greater habitat value than that of the project site. The identification and transfer of OML will be to the satisfaction of the City Planning Department, in accordance with the guidelines of the NEOSHPP. All reasonable efforts will be made to locate the OML within or near the NEOSHPP area. This measure shall be implemented to the satisfaction of the City Planning Department. 7-6 Prior to the issuance of grading permits, a protocol CID B Biologist shall D 2 gnatcalcher survey shall be conducted. If any individuals or conduct protocol nesting pairs of birds are found onsite, the developer shall surveys before obtain appropriate take authorization and additional mitigation grading , land shall be added to the amount of OfIsite Mitigation Land (OML) described in Measure 7-5 according to the following minimum ratios: individual = 15 acres, nested pair = 30 acres. If gnatcatchers are found onsite, an Incidental Take Permit would be required from the U.S. Fish & Wildlife Service either by a Section 10(a) permit or through a Section 7 Consultation with the U.S. Army Corps of Engineers. This measure shall be implemented to the satisfaction of the City Planning Department. 11 OF 21 ,' 7.0 Biological Resources ., f 7-7 Prior to the issuance of a grading permit, the developer CID B Biologist shall D 2 shall conduct a protocol survey for the San Bernardino conduct protocol kangaroo rat (SBKR) and the Santa Ana wooly star within surveys before those areas of East Etiwanda Creek within 50 feet of the grading "punch through" connection of the new northern drainage channel to the creek channel. This survey is to verify that these species do not occupy area to be disturbed by construction. If SBKR and/or Santa Ana wooly star are found to be present, the developer shall comply with applicable U.S. Fish and Wildlife Service requirements, which may include obtaining a federal Endangered Species Act Section 10(a) permit or a Section 7 Consultation through the U.S. Army Corps of Engineers. SBKR or wooly star habitat disturbed by construction will be mitigated at a minimum ratio of 2:1 subject to any subsequent USF&WS permit conditions and receipt or notification to the City Planning Department. 7-8 If grading of the site has not occurred before February 15 CID B Biologist shall D 2 of 2005, protocol surveys for SBKR and gnatcatchers will be conduct protocol performed over the entire site, and each spring thereafter, surveys before until grading is completed. Any occupied habitatfound during grading those surveys for either species will be added to the amount . of offsite mitigation land required under the Draft EIR (164 acres). 7-9 The developer to provide an appropriate contribution for CID B Developer shall B 2 the project toward funding a local brown -headed cowbird demonstrate proof trapping program to further benefit gnatcatchers in this area. of payment The amount of this contribution, and the location of the trapping program, shall be determined by the City in consultation with the California Department of Fish and Game. The contribution shall be made prior to grading, to the satisfaction of the City Planning Department in consultation with the California Department of Fish and Game. 7-10 Prior to issuance of grading permits, a qualified biologist CP B Biologist shall D 2 shall conduct a survey for nesting birds on the site. Any conduct protocol occupied nest shall be avoided and separated by at least 200 surveys before feet from ground -disturbing activities. Nesting areas are to be grading marked by orange construction fencing. The biologist shall verify a nest has been abandoned prior to removing the fencing and commencing ground -disturbing activities in any of these areas. 12 OF 21 0 N I v to A 0 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified all lmplementi.ng Action for Monitoring Frequency Verification Verification .. 8.0 Energy and Mineral Resources None Required 9.0 Hazards 9-1 Prior to the issuance of grading permits, the developer CE B Developer shall B, D 2 shall submit a plan to the Rancho Cucamonga Fire Protection submit plan for District (RCFPD) for each phase for the proper clean up of review and any hazardous or toxic substance that is discovered or approval by released during construction. The plan will require the RCFPD developer to properly clean-up and remove any contaminated soil or other material; restore the affected area to background conditions or to regulatory threshold levels for the contaminant(s) accidentally released or discovered; and deliver the contaminated material to an appropriate treatment, recycling, or landfill facility in accordance with the regulations for the type of contaminant accidentally released and collected for management. This measure shall be implemented to the satisfaction of the RCFPD. 9-2 Each individual lot owner will be required to maintain their BO E RCFPD to A Notice/Fine for side and back yards with 30 feet of irrigated "firewise" Zone 1 conduct annual RCFPD to perform landscaping or equivalent. No buildings are to be built within inspections required work if this setback area. Swimming pools and non-combustible needed deck coverings are permissible. Any remaining portion of the backyard lot will be maintained to either Zone 1 or Zone 2 i criteria depending on the lot depth. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. 9-3 Landscape and maintenance for the manufactured BO E RCFPD to A Notice/Fine for slopes common areas will be to Zone 2 criteria. These areas conduct annual RCFPD to perform , may be irrigated, ornamental firewise landscaping, or planted inspections required work if with native fire resistant plants and trees. Access points needed every 500 feet shall be available to perform annual maintenance. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. _I 13OF21 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for -'4 Implementing Action for Monitoring Frequency Verification Verification Date /initials Non -Compliance 9.0 Hazards 9-4 A special fuel modification zone easement shall be BO E RCFPD to A Notice/Fine for located outside and adjacent to the northern project boundary conduct annual RCFPDto perform within the electric, utility corridor and on flood control district inspections .required work if land where all native and exotic vegetation will be treated to needed Zone 2 criteria on a strip of land 50feet in width. Also, a Fuel _ Modification Zone Easement of 75 feet in width will be created and maintained by the maintenance authority adjacent to the east side of Lot 46, Phase 4. Alternatively, the tentative tract map may be modified to allow an appropriate onsite Fuel Modification Zone along the northern boundary if the electric corridor cannot be used. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. 9-5 All residential structures within the Tract 14749 BO D RCFPD or City to A 3 development will be built with a Class A Roof Assembly, conduct including. a Class A roof covering and attic or foundation inspections ventilation louvers or ventilation openings, in vertical walls ,shall not exceed 144 square inches per opening. These _ opening .shall be covered with %< inch mesh corrosion - resistant metal screening or other approved material that offers equivalent protection. Attic ventilation shall also comply with the requirements of the Uniform Building Code (U.S.C.). Ventilation louvers and openings may be incorporated as part of access assemblies.. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. 9-6 A six-foot high solid non-combustible wall shall be CP D Developer to A 3 constructed along the entire length of the north, east and west construct property lines to minimize fire danger. This measure shall be perimeter walls implemented to the satisfaction of the City Planning Department. 9-7 Prior to the issuance of the first occupancy permit, the CP D Developer to A 3 .applicant shall provide signs along the community trails, prepare and including the west bank of East Etiwanda Creek, that warn install signs per residents of the potential risk of wildlife/human interactions. City direction The wording, design, number, and placement of the signs shall be to the satisfaction of the City Planning Department. 14 OF 21 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified. Implementing Action for Monitoring Fre4uency Verification Verification Date /initials 9.0 Hazards 9-8 The applicant shall provide wildlife resistant trash CID D Developer shall A 3 receptacles at the parks and other public facilities to prevent provide required foraging by local wildlife. The design and placement of the facilities . receptacles shall be to the satisfaction of the City Planning Department. 10.0 Noise I 10-1 Construction or grading noise levels shall not exceed CID C Developer shall A 4 the standards specified in Development Code Section retain noise 17.02.120-D, as measured at the property line. Developer consultant to shall hire a consultant to perform weekly noise level perform required monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the monitoring Planning Division. Said consultant shall report their findings - to the Planning Division within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 10-2 During construction, haul truck deliveries shall not take BO C City Inspectors to A 4 place between the hours of 8:00 p.m. and 6:30 a.m. on monitor weekdays, including Saturday, or at any time on Sunday or a compliance national holiday. Additionally, if heavy trucks used for hauling during would exceed 100 daily trips (counting both to and from the construction construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible,. the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 15 OF 21 Q .Mitigation Measures No./ 'Res�lpohdlble Monitoring. tinnin§;of Method of Verified. 10.0 Noise 10-3 Prior to the issuance of grading and building permits for BO B Developer to D 2 each phase, the developer shall confirm to Building and submit Safety in writing that all construction equipment, fixed or documentation of mobile, shall use properly operating mufflers. No combustion compliance to equipment, such as pumps or generators, shall be allowed to City operate within 500 feet of any occupied residence from 6:30 p.m. to 7 a.m. unless the equipment is surrounded by a noise protection barrier. Stationary equipment shall be placed in such a manner as emitted noise is directed away from sensitive receptors. Additionally, stockpiling of vehicles and staging areas shall be located as far as practical from sensitive noise receptors as well. The developershall include this provision and adherence to all conditions of approval as a requirement of all construction contracts for this site. This measure shall be implemented to the satisfaction of the City Planning Department. 10-4 Prior to the issuance of grading and/or building permits, CID B Developer C 2 all construction staging shall be performed at least 500 feet submits plan to from occupied dwellings. The location of staging areas, as City for review indicated on the grading plan, will be subject to review and G City Inspectors A 4 approval by the City Planning Department. monitor 10-5 Prior to the issuance of building permits for each phase, BO B Developer shall C. D 2 the developer will document that exterior residential areas will submit proof of have exterior noise levels of less than 65 dB CNEL, to the compliance satisfaction of the City Building and Safety Department. 10-6 Prior to the issuance of occupancy permits for each BO D Developer shall D 3 phase, the developer shall document that interior living areas submit proof of have noise levels less than 45 dB CNEL, to the satisfaction of compliance the Building and Safety Department. 10-7 Prior to the issuance of building permits for each phase, BO D City Inspectors to A, D 2 the developer shall incorporate site designs and measures to verify compliance help reduce proposed noise levels over the long-term. Residential lots with rear yards or side yards adjacent to collector streets (i.e. Lower Crest) shall be constructed with a 6-foot block wall along the perimeter or demonstrate with an additional noise study that ultimate traffic volumes onsite will not exceed the noise performance standards in the City Development Code to the satisfaction of the Building and Safety Department. 16OF21 :Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Implementing Action forMonitoring -Frequency Verification Verifl.bation D. 11.0 Public Services 11-1 Prior to the issuance of building permits for each phase, BO B Developer to D 2 the developer and/or individual homebuilders shall pay all submit proof of legally established public service fees, including police, fire, fee payments schools, parks, and libraries to the affected public agencies as stipulated in the Development Agreement. This measure shall be implemented to the satisfaction of the City Building and Safety Department. 11-2 Prior to the issuance of building permits for each phase, CP B Developer to C 2 the developer and/or individual homebuilders shall comply submit plans to with all design requirements of affected public agencies such agencies for as police, fire, health, etc. This measure shall be review and implemented to the satisfaction of the City Planning approval Department. 11-3 Prior to the issuance of building permits for each phase, FC B Developer to C 2 the applicant shall obtain approval of the Fire Departmentwith submit plans to regard to determination of adequate fire flow and installation RCFD for review of acceptable fire resistant structural materials in project and approval buildings. 11-4 Prior to the issuance of occupancy permits for each BO D Developer shall B 3 phase, the applicant shall pay all legally established impact submit proof of fees to the Etiwanda School District and the Chaffey Joint payment of school Union High School District in accordance with state law. fees Proof of such payment shall be submitted to City Building and Safety Department. 11-5 Prior to recordation for each phase, the developer shall CE B Developer shall D 1 post a bond in an amount to be determined by the City demonstrate Engineering Department to ensure installation and payment of bond maintenance of all public and private roads and drainage facilities necessary for each phase of the project. This measure shall be implemented to the satisfaction of the City Engineer. 12.0 Utilities 12-1 Prior to the issuance of building permits for each phase, BO B Developer shall B 2 the applicant shall provide funding to the Cucamonga County demonstrate Water District for sewer service. Additionally, the Cucamonga payment County Water District will be required to provide funds to the Inland Empire Utilities Agency for treatment of the project's wastewater. Proof of such payment shall be submitted to the City Building and Safety Department. 17 OF 21 Mitigation Measures No./ Responsible Monitoring Timing of Method of 'Verified lsanctions for Implementing Action for Monitoring Frequency Verification Verification .. 12.0 Utilities 12-2 Prior to the issuance of grading permits, development CE B Developer shall B 2 plans shall be provided to Southern California Edison, the submit proof of Gas Company, and Verizon, as they become available in review and order to facilitate engineering, design and construction of approval by other improvements necessary to provide electrical, natural gas, agencies and telephone service to the project site. This shall be done to the satisfaction of the City Engineer. 12-3 Prior tothe issuance of building permits, the applicant CE B Developer shall B 2 shall apply for and obtain will -serve letters from SCE, SCGC, submit service and Verizon and place them on file with the City Engineer. letters from other agencies 12-4 Prior to the issuance of building permits, the applicant CE B Developer shall B, C 2 shall complywith the guidelines provided by SCE,SCGC, and submit proof of Verizon in regard to easement restrictions, construction review and guidelines, protection of pipeline easements, and potential approval by other amendments to right-of-way in the areas of any existing agencies easements of these companies. This shall be done to the satisfaction of the City Engineer. 13.0 Aesthetics 13-1 All outdoor lightingshall be submitted to the Planning CID B Developer shall C 2 Department for plan check and shall comply with the submit lighting requirements of Etiwanda North Specific Plan design plans to City for guidelines and the City General Plan. This measure shall be review and implemented to the satisfaction of the City Planner. approval 13-2 Prior to issuance of building permits the developer shall CE B Developer shall C 2 submit construction plans for any signage associated with the submit signage site, including entrance 'monuments (but excluding street plans to City for signs and traffic signs), .primarily of natural appearing review and materials (i.e. wood and rock), consistent with the Etiwanda approval North Specific Plan design guidelines. If signs are lighted, light must be directed toward the sign rather than backlighting. This measure shall be implemented to the satisfaction of the City Planning Department. 13-3 Priorto final inspection oroccupancy of each phase, the CID D City Planners to A 3 City will evaluate the site lighting, including entrance lighting, inspect lighting The lighting will be adequately shielded or directed to minimize on- and offsite impacts, to the satisfaction of the City Planning Department. 18OF21 E!' 13.0 Aesthetics 13-4 Prior to recordation for each phase, the developer will BO B Developer to D 1 provide the telephone numbers of persons to contact if there provide numbers are complaints about noise, odors, night -lighting, etc. from to City activities on the project site. This information should be displayed on a sign visible from the entrance to the development. This measure shall be implemented to the satisfaction of the City Building and Safety Department. 13-5 Prior to issuance of building permits the developer will CID B Developer to C 2 prepare a detailed landscaping and wall treatment plan for the submit landscape Phase 1 area along the "Lower West Collector," to the plans to City for satisfaction of the City Planning Department. Special attention review and shall be given to the landscape treatments along Etiwanda approval Avenue and East Avenue and at entrances to the project. 14.0 Cultural Resources 14-1 A qualified paleontologist shall conduct a CID B Developer to A, B, D 2 preconstruction field survey of the project site. The retain paleo to paleontologist shall submit a report of findings that will also survey site provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program mustinclude, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth -disturbing activities; i • Should fossils be found within an area being cleared or graded, divert earth -disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make thediscovery, the grading contractor should immediately divert construction and notify the monitor of the find; and Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to. San Bernardino County Museum. 19 OF 21 "Mit! 'ifion Measures No. Responsible Monitorin Timing of Method of Verified Sanctions'for ,jimidlementing Action for Monitoring Frequency Verifi6ation - Verification Date /initials 14.0 Cultural Resources 14-2 If any prehistoric archaeological resources are CID C Developerwill A 4 encountered before or during grading, the developer will retain archaeo retain a qualified archaeologist to monitor construction monitor activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value; Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point; • Pursue educating the public about the area's archaeological heritage; • Propose mitigation measures and recommend conditions of approval to eliminate adverse projecteffects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines; • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area: Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent. archiving; and If artifacts of Native American (NA) origin are discovered, official representatives of the NA group will be consulted to determine the most appropriate disposition of the artifacts, to the satisfaction of the City Planning Department in agreement with County Museum and the NA group. 15.0 Agricultural Resources None Required 16.0 Recreation i 16-1 The applicant will submit conceptual park design and CP B Developer to C 2 landscaping plans to the City subject to the approval of the submit park plans City Planning Department. to City for review and approval 20 OF 21 Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions CUD - Community Development Director or designee A - With Each New Development A - On -site Inspection 1 - Withhold Recordation of Final Map CP - City Planner or designee B - Prior To Construction B -Other Agency Permit / Approval 2 -Withhold Grading or Building Permit CE - City Engineer or designee C - Throughout Construction C - Plan Check 3 -Withhold Certificate of Occupancy BO - Building Official or designee D - On Completion D - Separate Submittal (Reports / Studies / Plans) 4 - Stop Work Order PO - Police Captain or designee E - Operating 5 - Retain Deposit or Bonds FC - Fire Chief or designee 6 - Revoke CUP 21 OF 21 RESOLUTION NO. 17-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FORA 1-YEAR TIME EXTENSION ORC2016.01009 FOR TENTATIVE TRACT MAP 14749 PREVIOUSLY APPROVED TO SUBDIVIDE 168.77 ACRES INTO 269 RESIDENTIAL LOTS LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT AND FLOOD CONTROL (FC) DISTRICT WITHIN THE ETIWANDA NORTH SPECIFIC PLAN, AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORTTHEREOF -APN: 1087-081-04, 05, 06, 07, 08, 09 & 14. A. Recitals. 1. WSI Highland Investments, LLC filed an application for the extension of the approval of Tentative Tract Map No. 14749, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request DRC2016-01009 is referred to as "the application." 2. On July 21, 2004, the City Council adopted its Resolution No. 04-243, thereby approving the application subject to specific conditions and time limits. 3. On June 8, 2011, this Commission adopted its Resolution, No.11-26, thereby approving a one-year time extension and amending the conditions. 4. On January 25, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct, 2. Based upon substantial evidence presented to this Commission during the above - referenced public hearing on January 25, 2017, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The applicant is requesting a Time Extension to extend the expiration of the approval period for Tentative Tract Map 14749 from January 27, 2017, to January 27, 2018. b. The City's Subdivision Ordinance (Municipal Code Section 16.16.160) states that approved Tentative Tract Maps are valid for 3 years. The applicant may request up to five 1-year extensions (Municipal Code Section 16.16.170), which must be approved by the Planning Commission. EXHIBIT E D2—Pg,49 PLANNING COMMISSION RESOLUTION NO. 17-06 TIME EXTENSION ORC2016-01009 FOR TENTATIVE TRACT MAP SUBTT14749 January 25, 2017 Page 2 C. Tentative Tract Map 14749 (SUBTT14749) was approved by the Planning Commission on June 9, 2004 (Exhibit C). This approval was appealed to the City Council on July 21, 2004. The appeal was denied and the project was approved with the second reading of Ordinances No. 729 (Specific Plan Amendment) and No. 730 (Development Agreement) on August 4, 2004, A lawsuit was subsequently filed on August 18, 2004, against the City over the approved project (Spirit of the Sage Council v. City of Rancho Cucamonga, with the applicant, Traigh Pacific L.P., as the Real Party of Interest). The case was settled on December 20, 2005, with the applicant agreeing to pay a settlement to the petitioner and the original City approval remaining intact. The settlement agreement became effective on February 10, 2006, with the lawsuit dismissed 7 days later on February 17, 2006. Because of a lawsuit filed on August 18, 2004, and subsequently settled on February 10, 2006, on June 12, 2007, the City's attorney informed staff that pursuant to Government Code Section 56452.6 (c), the subject tentative tract map was entitled to an automatic time extension for the period between the date the lawsuit was filed (August 18, 2004) and the date the lawsuit was settled (February 10, 2006), or 541 days. The duration of the approval period for tentative tract maps is 3 years. Thus, the start date of the approval period was the date of the second reading by the City Council for the Specific Plan Amendment and the Development Agreement (final approval of all aspects of the project) was August 4, 2004. With the time extension due to the lawsuit taken into consideration, the official start date of the approval period for SUBTT14749 was January 27, 2006, with the expiration date occurring on January 27, 2009. In the interim, the State legislature passed four bills (SB1185, AB333, AB208 and AB116) that granted automatic time extensions for all tentative maps that qualified. This lengthened the approval period for the subject tentative tract map by a total of 7 years. With these extensions, Tentative Tract Map SUBTT14749 now has an expiration date of January 27, 2017. d. The Time Extension is being requested in order to provide additional time for the applicant to work toward recording the final map and preparing related improvement plans. The applicant is not requesting any changes to the approved map; and e. The previously approved Tentative Tract Map SUBTT14749 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and f. The Time Extension of the Tentative Tract Map SUBTT4749 approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and g. The Time Extension of the Tentative Tract Map SUBTT14749 approval is notlikely to cause public health and safety problems; and h. The Time Extension is within the time limits established by State law and local ordinance. 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 previously approved Tentative Parcel Map is consistent with the City's current General Plan, specific plans, ordinances, plans, codes, and policies. The proposed project is to D2—Pg 50 PLANNING COMMISSION RESOLUTION NO. 17-06 TIME EXTENSION DRC2016-01009 FOR TENTATIVE TRACT MAP SUBTT14749 January 25, 2017 Page 3 subdivide the property into 269 lots forfuture single-family residential developmentand is consistent with the district of the project site, b. The site is physically suitable for the type and density of the proposed subdivision. The properties to the west are developed with single-family residential homes. The properties to the north and south contain Southern California Edison transmission lines. The property to the east contains flood control improvements. The installation of various improvements, including street and drainage improvements, will be required to be installed by the Engineering Department as conditions of approval with the development of this site. C. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed project is to subdivide the property for future residential development — no development of the site is proposed at this time. d. The proposed subdivision complies with each of the applicable provisions and standards outlined of the Etiwanda North Specific Plan, including minimum lot width and depth and minimum lot area. e. The extension is within the time limits established by State law and local ordinance. State law allows for one year time extensions. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a.. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City certified an Environmental Impact Report (EIR) on July 21, 2004 (State Clearinghouse #2003081085) in connection with the City's approval of Tentative Tract Map SUBTT14749. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (III) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the time extension request, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The amount of lots being proposed is not being modified and the design of the tract will remain the same as originally approved. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed time extension request does not raise or create new environmental impacts not already considered in the Environmental Impact Report for the tract map. D2—Pg 51 PLANNING COMMISSION RESOLUTION NO. 17-06 TIME EXTENSION DRC2016-01009 FOR TENTATIVE TRACT MAP SUBTT14749 January 25, 2017 Page 4 C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the time extension. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension for: Tentative Tract Applicant Expiration SUBTT14749 WSI HIGHLAND INVESTMENTS, LLC January 27, 2018 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF JANUARY 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Francisco Oaxaca, Chairman ATTEST: r,-0—Q &�± Candyce trrnett, 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, ate regular meeting of the Planning Commission held on the 25th day of January 2017, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA NONE WIMBERLY NONE D2—Pg 52 2121 Afton Parkway www.esas.:.w-.u�m Sufte 100 Irvine, CA 926M 949.753.7001 phone 949.753.7002 ru DRAFT memorandum Date November 9, 2017 To Mr. John Schafer, Richland Cornnuuities Inc. From Tommy Molioo, Sr. Associate Biologist Subject Biological Due Diligence Assessment for the Tracy Tract 14749 Project ESA conducted an updated biological site surrey for the approximately 169-acre Tracy Tract 14749 Project located in the City of Rancho Cucamonga, San Bernardino County, California (project site). The due diligence assessment included a literature review of existing documents, database review for the project site, and a field visit to document existing conditions and identify potential biological constraints. The primary purpose of the field assessment was to determine if existing biological conditions have changed since previously documented, in particular since 2011, the time of the last biological survey. The assessment for potential biological constraints focused on determining the presence of special -status plant and wildlife species, sensitive habitats, wildlife movement corridors, and waters regulated by the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW). Based on information provided by Richland Communities Inc., the Tracy Tract 14749 Project will develop the site for a residential community. Our biological survey consisted of a site assessment conducted on October 5, 2017, and a review of special -status species recorded in the vicinity of the project site in the (CDFW Natural Diversity Database (CNDDB) and the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants. The following information provides a summary of our findings based on the site visit and literature review. Literature Review Prior to the site survey, ESA conducted a review of available documents for the project site including the following: • Cereus Environmental. 2017. Results of the 2017 Focused Coastal California Gnatcatcher Surveys in 2017 for Tentative Tract 14749, City of Rancho Cucamonga, San Bernardino County, California. May 30, 2017. • The Keith Companies. 2003. Draft Environmental Impact Report (DEIR) for the Tracy Development Project. 3.7 Biological Resources Section and Appendix F Biological Reports. December 2003. • PCR Services Corporation. 2011. Biological Assessment Tentative Tact 14749, San Bernardino County, California. October 2011. EXHIBIT F D2-Pg 53 r- LSA Mr. Schafer November 9, 2017 Page 2 • Rick Riefner & Associates. 2011. Results of 2011 Focused Surveys for Special -Status Plant Species Conducted at the 108—Acre Traigh Pacific Project, City of Rancho Cucamonga, San Bernardino County, California. September 4, 2011 (Revised May 21, 2014). SJM Biological Consultants. Results of a 2017 focused field survey including live -trapping for the federally endangered San Bernardino kangaroo rat (Uipodomvs merriami pay vits) (SBKR) on the approximately 108- acre Tentative Tract 14749 ("the Project Site") in Rancho Cucamonga, California; located in the northwest Y< of Section 21, Range 6 West, Township 1 North, on the Cucamonga peak 7.5' USGS Quadrangle map. NAD83 UTM coordinates near the center of the Project Site are 11 S 0452226E/3779982N, and the approximate elevation of the property is 1900 feet (Figures 14). A residential development is proposed for the Project Site. May 26, 2017. Additionally, ESA conducted a query of the CNDDB and CNPS Online Rare Plant Inventory for the Cucamonga Peak, Calilbrnia U.S. Geological Service 7.5-minute topographic quadrangle and the surrounding eight topographic quadrangles for the recorded presence of special -status species. The surrounding topographic quadrangles included in the query were Mount San Antonio, Telegraph Peak, Cajon, Mt. Baldy, Devore, Ontario, Guasti, and Fontana. The searches were conducted to identify potential special -status plant and wildlife species that could occur within the project site, should suitable habitat for these species be present. Results of the CNDDB and CNPS queries are included as an attachment to this memo. Site Assessment Results A site assessment was conducted by ESA biologist Tommy Molioo on October 5, 2017, from the hours of 09:30 to 12:00 pm. Weather conditions included a temperature of 75°F, winds of 1-2 miles per hour, and clear skies. The site assessment was conducted on foot over the entire project site, and binoculars were used to aid in visual identification of species and habitat in adjacent offsite areas. Vegetation In general, the project site occurs in an undeveloped parcel east of the northern terminus of Etiwanda Avenue. The site itself encompasses a portion of the Etiwanda Creek watershed known as the Etiwanda alluvial fan at the base of the San Gabriel Mountains. The entire site burned during the 2003 California wildfires (Grand Prix fire) and currently consists primarily of white sage scrub with smaller portions of white sage scrub/chaparral whitethom scrub, yerba santa scrub, deerweed scrub, non-native herbaceous/coastal sage scrub and non-native herbaceous/disturbed plant communities. Much of the existing vegetation consists of plant species characteristic of white sage scrub plant communities including: white sage (Salvia apiana), California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciczdalum), deerweed (Acmispon glaber), and pinebush (Ericameria pintfrlia). D2—Pg 54 r Esn J Mr. Schafer November 9, 2017 Page 3 Wildlife The project site provides suitable habitat for ground and tree- or shrub -nesting avian species, and possible foraging habitat for raptors, as several raptors were observed in the immediate vicinity. Wildlife species previously recorded onsite include: western fence lizard (Sceloporous occidenlalis), common side -blotched lizard (Ilto stansburiana), Bell's sparrow (Arlemisiospiza bellii), California scrub jay (Aphelocoma californica), California quail (C'allipel)la californica), lesser goldfinch (Spinus psallria), house finch (Haemorhous mexicanus), northern flicker (Colaples auralus), American crow (Comets brachvrhynchos), American kestrel (Falco sparrerius), loggerhead shrike (Lanus hulovicianus), northern mockingbird (A9imus polvgloilos), cliff swallow (Pei rochelidon pyrrhonola), California towhee (Pipilo crissahs), spotted towhee (Pipilo macidanrs), blue -gray gnatcatcher (Polioptila caendea), bushtit (Psahriparus minimus), rock wren (Salpinctes obsolelus), Say' s phoebe (.krvorni.s saga), western bluebird (Sialia mexicana), western meadowlark (Sturnella neglecta), Bewick' s wren (Thyomanes bewickh), California thrasher (Toxostoma rechilum), Cassin's kingbird (Tvranmrs mciferans), mourning dove (Zenaida macroura), California ground squirrel (Spermophihis beecheyi), and desert cottontail (Svlvilagus andubonit). Potential Constraints White sage scrub plant communities (California Natural Community Code 32.030.00) are listed by the CDFW as vulnerable and at moderate risk of extinction due to their limited range. In addition, this community has the potential to support federally endangered/threatened (FE)/(FT) species, State endangered (SE), and California species of special concern (SSC), such as: San Bernardino kangaroo rat (Dipodomys merriami panits) (FE, SSC) and coastal California gnatcatcher (Polioluila californica californica) (FT, SSC), Nevin's Barberry (Berberis nevinii) (FE, SE), and Santa Ana River woollystar (Eriastnim densifolium ssp. sancloram) (FE, SE). Other special -status plant species identified in the database query that could be present and potentially impacted by project activities include: singlewhorl burrobush (Ambrosia monogyra), round -leaved filaree (California macrophylla), slender mariposa -lily (C'alochonus clavalus var. gracifs), Plummer's mariposa lily (Calochorlus phimmerae), Parry's spineflower (C'horizanthe parryi var. parryi), slender homed spineflower (Dodecahema leploceras), many -stemmed dudleya (Dudleya mullicanlis), mesa horkelia (Horkelia cimeata var, pubenda), Robbins' nemacladus (Nemacladus secundifonis var. robbinsii), Parrish's desert-thom (Lycium parishii), California muhly (Muhlenbergia californica), Robinson's pepper -grass (Lepidium virginicum var. robinsonii), chaparral ragwort (Senecio aphanactis), San Bernardino aster (Symphyotrichum defoliatum), and white rabbit - tobacco (Pseudognaphalium leucocephahim). A focused special -status plant survey was conducted between April and August 2011 by Rick Riefner & Associates and did not observe any Federally- or State -listed Endangered or Threatened plant species. Only two CNPS Rank 4 species were observed, Plummer's mariposa lily and southern California black walnut (Juglans californica). D2—Pg 55 ESA Mr. Schafer November 9, 2017 Page 4 Special -status wildlife species with a potential to occur within suitable habitat, if present, include pocketed free - tailed bat (Nyclinomops femorosaccus), northwestern San Diego pocket mouse (Chaelodipuv fallax fallax), Los Angeles pocket mouse (Perognathtcs Iongimembris brevinaszts), San Diego black -tailed jackrabbit (lepus califbrnicus bennet(ii) and coast horned lizard (Phrynosoma blainvillii). In addition, the site contains two drainage features and two tributary drainages that potentially fall within the jurisdiction of USAGE, RWQCB and CDFW. All drainages are ephemeral in nature and support dry wash habitat typical of alluvial fans. No wetlands or vernal pools occur within the project site. The locations and drainage patterns of the observed drainages and tributaries are in a similar condition as previously documented on the project site in the 2011 PCR Biological Assessment. Recommendations and Conclusions Most of the project site is in a similar condition as was previously documented in both the 2003 Tracy Development EIR and the 2011 PCR Biological Assessment and primarily consists of an undeveloped parcel characterized as white sage scrub habitat, a plant community that is listed by CDFW as a sensitive plant community. Therefore, mitigation efforts should remain consistent with existing entitlements and pending regulatory permits from the resource agencies, such as the preservation of similar habitat. Focused surveys for San Bernardino kangaroo rat and coastal California gnatcatcher conducted in 2017 by SJM Biological Consultants Inc., and Cereus Environmental, respectively, demonstrated negative findings for both these listed species and consistent with previous absence findings. Therefore, the project site is currently considered absent of both San Bernardino kangaroo rat and coastal California gnatcatcher. Suitable habitat for both species on the project site is present and future surveys may be required consistent with the project mitigation measures and the commencement of project construction. In addition, nesting bird surveys (if project work will be conducted during the nesting bird season) would be recommended to reduce the potential impact to these species and for compliance with the Migratory Bird Treaty Act and the California Fish and Game Code. Lastly, project activities that result in impacts to the drainage features on the project site may require regulatory agency permitting prior to construction. Please feel free to contact me or Daryl Koutnik directly at (949) 753-7001, if we can be of any further assistance. Attachments: CNNDB and CNPS Database Search Results D2—Pg 56 ..:i Selected Elements by Scientific Name br California Department of Fish and Wildlife California Natural Diversity Database Query Criteria: Quad<span style=color:Red'> IS </span>(Cucamonga Peak (3411725)<span style='color.Red'> OR </span>Mount San Antonio (3411736)<span style='color:Red'> OR </span>Telegraph Peak (3411735)<span style='color:Red'> OR </span>Cajon (3411734)<span style='color:Red'> OR </span>Mt. Baldy (3411726)<span style='color.Rsd'> OR </span>Devore (3411724)<span style: color:Red'> OR </span>Ontado (3411716)<span style='colorRed'> OR </span>Guasti (3411715)<span style='color:Red'> OR <Ispan>Fontana (3411714)) Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Agelaius tricolor ABPBXB0020 None Candidate G2G3 SiS2 SSC tricolored blackbird Endangered Almophila ruflceps canescens ABPBX91091 None None GST3 S3 WL southern California rufous -crowned sparrow Ambrosia monogyra PDAST50010 None None G5 S2 2B.2 singlewhorl burobrush Anazyms californicus AAABB01230 Endangered None G2G3 S2S3 SSC arroyo toad Anniella stebbinsi ARACCO1060 None None G3 southern California legless lizard Antrozous pallidus AMACC10010 None None G5 pallid bat Arctostaphylos glandulosa ssp. gabrielensis PDER1042PO None None G5T3 San Gabriel manzanita Arenaria paludicola PDCAR040LO Endangered Endangered G1 marsh sandwort Arizona elegans occidentalis ARADBO1017 None None G5T2 California glossy snake Artemisiospiza belli belli ABPBX97021 None None G5T2T4 Bell's sage sparrow Asclepias nyctaginifolla POASCO2190 None Mojave milkweed Asia otus ABNSB13010 None long-eared owl Aspidoscelis tigris stejnegerl ARACJ02143 None coastal whiptail Astragalus lentiginosus var. antonius PDFABOFB92 None San Antonio milk -vetch Astragalus leucolobus PDFABOF4TO None Big Bear Valley woollypod None None None None None G4G5 G5 G5T5 G5T2 G2 Athens cuniculana ABNSB10010 None None G4 burrowing owl Batrachoseps gabrieli AAAAD02110 None None G2G3 San Gabriel slender salamander Berberis nevinii PDBER06OA0 Endangered Endangered Gl Nevin's barberry Bombus crotchfP IIHYM24480 None Crotch bumble bee Commercial Version -- Dated October, 12017 -- Biogeographic Data Branch Report Printed on Thursday, October 26, 2017 S3 S3 S3 S1 S2 S3 S2 S37 S3 S2 S2 S3 S2S3 S1 None G3G4 SiS2 WL 28.1 SSC SSC 1 B.3 1 B.2 SSC 113.1 Page 1 of 6 Information Expires 4/1/2018 D2—Pg 58 Selected Elements by Scientific Name t . ¢ j California Department of Fish and Wildlife California Natural Diversity Database Rare Plant RankICDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Bombus occidentalis IIHYM24250 None None G2G3 S1 western bumble bee Botrychium crenulatum PPOPHO10LO None None G4 S3 213.2 scalloped moonwort Botrychium minganense PPOPH010RO None None G4G5 S3 2&2 Mingan moonwort Buteo swainsoni ABNKC19070 None Threatened G5 S3 Swainson's hawk California Walnut Woodland CTT7121 OCA None None G2 52.1 California Walnut Woodland Caliophrys mossii hidakupa IILEPE2206 None None G4T1 T2 SiS2 San Gabriel Mountains elfin butterfly Calochortus clavatus var. gracilis PMLILOD096 None None G4T2T3 S2S3 1B.2 slender mariposa -lily Calochortus palmed var. Palmeri PMLILOD122 None None G3T2 S2 1B.2 Palmer's mariposa -lily Calochortus plummerae PMLILOD150 None None G4 S4 4.2 Plummers madposa-lily Calystegia Felix PDCON040PO None None GHQ SH 3.1 lucky morning-glory Canbya candida PDPAP05020 None None G3G4 S3S4 4.2 white pygmy -poppy Canyon Live Oak Ravine Forest CTT61350CA None None G3 S3.3 Canyon Live Oak Ravine Forest Carex occidentalis PMCYP039MO None None G4 S3 28.3 western sedge Catostomus santaanae AFCJCO2190 Threatened None Gt Si Santa Ana sucker Chaetodipus fallax fallax AMAFD05031 None None G5T3T4 S3S4 SSC northwestern San Diego pocket mouse Chaetodipus fallax pallidus AMAFD05032 None None GST34 S334 SSC pallid San Diego pocket mouse Chloropyron marltimum ssp. maritimum POSCROJOC2 Endangered Endangered G4?T1 S1 1B.2 salt marsh bird's -beak Chorizanthe parryi var. parryi PDPGN040J2 None None G3T2 S2 113.1 Parry's spineflower Chorizanthe xand var. leucotheca PDPGN040Z1 None None G4T3 S3 1B.2 white-bracted spineflower Cicindela tranquebarica viridissima IICOL02201 None None G5T1 Si greenest tiger beetle Cladium californicum PMCYP04010 None None G4 S2 2B.2 California saw -grass Commercial Version -- Dated October, 1 2017 -- Biogeographic Data Branch Page 2 of 6 Report Printed on Thursday, October 26. 2017 Information Expires 411/2018 D2-Pg 59 �Selected Elements by Scientific Name r: California Department of Fish and Wildlife i 1". California Natural Diversity Database Rare Plant RanklCDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Claytonla lanceolata var. peirsonii PDPOR03097 None None G5T1O St 3.1 Peirson's spring beauty Coastal and Valley Freshwater Marsh CTT52410CA None None G3 S2.1 Coastal and Valley Freshwater Marsh Cypseloides niger ABNUA01010 None None G4 S2 SSC black swift Diplectrona californica 11TR123010 None None G1G2 S1S2 California dipactronan caddisBy Dipodomys merriami parvus AMAFD03143 Endangered None G5T1 S1 SSC San Bernardino kangaroo rat Dipodomys stephensi AMAF003100 Endangered Threatened G2 S2 Stephens' kangaroo rat Dodecahema leptoceras PDPGNOV010 Endangered Endangered G1 S1 1B.i slender -horned spineflower Dudleya multicaulls PDCRA040HO None None G2 S2 1132 many -stemmed dudleya Empidonax tralllli exdmus ABPAE33043 Endangered Endangered G5T2 S1 southwestern willow flycatcher Eriastrum densifolium ssp, sanctorum PDPLM03035 Endangered Endangered G4T1 S1 1BA Santa Ana River woollystar Eriogonum microthecum var. johnstonii PDPGN083W5 None None G5T2 S2 1B.3 Johnston's buckwheat Eumops perotis californicus AMACD02011 None None G5T4 S3S4 SSC western mastiff bat Gila orcuttii AFCJB13120 None None G2 S2 SSC arroyo chub Helianthus nuMalld ssp. parishii PDAST4N102 None None G5TH SH 1A Los Angeles sunflower Heuchera parlshil PDSAXOEOSO None None G3 S3 1B.3 Parish's alumroot Horkelia cuneata var. puberula PDROSOW045 None None G4T1 S1 1131 mesa horkelia Juncus nodosus PMJUN01210 None None G5 S3 2B.3 knotted rush Lampropeltis zonate (parvirubra) ARADB19062 None None G4G5 S2? WL California mountain kingsnake (San Bernardino population) Laslurus cinereus AMACC05030 None None G5 S4 hoary bat Laslurus xanthinus AMACCO5070 None None G5 S3 SSC western yellow bat Laterallusjamaicensis coturniculus ABNME03041 None Threatened G3G4T1 S1 FP California black rail Commercial Version -- Dated October. 1 2017 -- Biogeographic Data Branch Report Printed on Thursday, October 26, 2017 D2-Pg 60 Page 3 of 6 Information Expires 41112018 Selected Elements by Scientific Name U ro. California Department of Fish and Wildlife j� California Natural Diversity Database `a. o" Rare Plant RankICDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Lepfdlum virginicum var. robinsonii PDBRAIM114 None None G5T3 S3 4.3 Robinson's pepper -grass Lepus californicus bennettil AMAEB03051 None None G5T3T4 S3S4 SSC San Diego black -tailed jackrabbit Lewisia brachycalyx PDPOR04010 None None G4 S2 262 short-sepaled lewisia Lilium parry! PMLIL1A0J0 None None G3 S3 1B.2 lemon lily Linanthus concinnus PDPLM090DO None None G2 S2 1B.2 San Gabriel linanthus Lupinus peirsonii PDFAB2B330 None None G3 S3 113.3 Peirson's lupine Lyclum parishli PDSOLOGODO None None G3? St 2B.3 Parish's desert -thorn Malacothamnus parishli PDMALOQGCO None None GXQ SX to Parish's bush -mallow Microtus cal/£ornicus stephensl AMAFF11035 None None G5TiT2 S1S2 SSc south coast marsh vole Monardella australis ssp.jokerstii PDLAM18112 None None G4T1 Si 1B.1 Jokerst's monardella Monardelle macrantha asp. MIR PDLAM180E1 None None G5T3 S3 1B.3 Hall's monardella Monardella pringlei PDLAM180JO None None GX SX to Pringle's monardella Muhlenbergla californica PMPOA480A0 None None G4 S4 4.3 California muhly Navarretia prostrate PDPLMOCOQO None None G2 S2 IBA prostrate vernal pool navarretia Nemacladus secundiflorus var. robbinsif PDCAMOFOB2 None None G3T2 S2 1B.2 Robbins' nemacladus Neotamlas speciosus speclosus AMAFB02172 None None G4T2T3 S2S3 lodgepole chipmunk Neotoma lepida intermedia AMAFF08041 None None G5T3T4 S3S4 SSC San Diego desert woodrat Nyctinomops femorosaccus AMACD04010 None None G4 S3 SSc pocketed free -tailed bat Nycinomops macrons AMACD04020 None None G5 S3 SSC big free -tailed bat Opuntia basllarls var. brachyclada PDCACOD053 None None G5T3 S3 18.2 short -joint beavertail Oreonana vestita PDAP11G030 None None G3 S3 113.3 woolly mountain -parsley Commercial Version -- Dated October, 12017 -- Biogeographic Data Branch Page 4 of 6 Report Printed on Thursday, October 26, 2017 Information Explres 4112018 D2—Pg 61 Selected Elements by Scientific Name - r �< California Department of Fish and Wildlife l.w. California Natural Diversity Database j Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Orobanche valida ssp. valida PDORO040G2 None None G4T2 S2 1 B.2 Rock Creek broomrape Ovis canadensis nelson! AMALE04013 None None G4T4 S3 FP desert bighorn sheep Oxytropls oreophila var. oreophila PDFAB2XOH3 None None G5T4T5 S2 2B.3 rock -loving oxytrope Parnassia cirrata var. cirrata PDSAXOP030 None None G5T2 S2 1B.3 San Bernardino grass -of -Parnassus Perognathus longimembris brevinasus AMAFD01041 None None G5T1T2 S1S2 SSC Los Angeles pocket mouse Phacelia stellaris PDHYD00510 None None G1 Si Brand's star phacelia Phrynosoma blainvillif ARACF12100 None None G3G4 S3S4 coast horned lizard PlebeJus saelo olus aureolus IILEPG6011 None None G5T1 Si San Gabriel Mountains blue butterfly Polioptila californica califomica ABPBJ08081 Threatened None G4G5T2O S2 coastal California gnatcatcher Pseudognaphalium leucocephalum PDAST44000 None None G4 S2 white rabbit -tobacco Rana muscosa AAABH01330 Endangered Endangered G1 S1 southern mountain yellow -legged frog Rhaphiomidas terminatus abdominalis 11DIP05021 Endangered None G1T1 S1 Delhi Sands Flower -loving Fly Rhinichthys osculus ssp. 3 AFCJB3705K None None G5T1 S1 Santa Ana speckled dace Riversidian Alluvial Fan Sage Scrub CTT32720CA None None G1 Riversidian Alluvial Fan Sage Scrub Sagittaria santordli PMAL1040O0 None None G3 Sanford's arrowhead Schoenus nlgdcans PMCYPOP010 None None G4 black bog -rush Senecio aphanactis PDAST81­1060 None None G3 chaparral ragwort Setophaga petechia ABPBX03010 None None G5 yellow warbler Sidalcea neomexicana PDMALlI0J0 None None G4 salt spring checkerbloom Siphate/es b/color mohavensis AFCJB1303H Endangered Endangered G4T1 Mohave tui chub Southern California Arroyo Chub/Santa Ana Sucker CARE2330CA None None GNR Stream Southern California Arroyo Chub/Santa Ana Sucker Stream Commercial Version -- Dated October, 12017 -- Biogeographic Data Branch Report Printed on Thursday, October 26, 2017 S1.1 S3 S2 S2 S3S4 S2 S1 SNR SSC 2B.2 WL SSC 1B2 2B.2 2B.2 SSC 2B.2 FP Page 5 of 6 Information Expires 4111201E D2—Pg 62 INSSelected Elements by Scientific Name I California Department of Fish and Wildlife ei California Natural Diversity Database Rare Plant RankICDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Southern Coast Live Oak Riparian Forest CTT61310CA None None G4 S4 Southern Coast Live Oak Riparian Forest Southern Riparian Forest CTT61300CA None None G4 S4 Southern Riparian Forest Southern Sycamore Alder Riparian Woodland CTT62400CA None None G4 S4 Southern Sycamore Alder Riparian Woodland Sphenopholls obtusata PMPOA5T030 None None G5 S2 2B.2 prairie wedge grass Streptanthus bernardinus PDBRA2G060 None None G3G4 S3S4 4.3 Laguna Mountains jewelflower Symphyotrichum defoliatum PDASTE8000 None None G2 S2 1B.2 San Bernardino aster Symphyotrichum greatae PDASTEBOUO None None G2 S2 1B.3 Greata's aster Tancha torosa AAAAF02032 None None G4 S4 SSC Coast Range newt Taxidea taxus AMAJF04010 None None G5 S3 SSC American badger Thamnophis hammondii ARADB36160 None None G4 S3S4 SSC two -striped gartersnake Thysanocarpus rigidus PDBRA2O070 None None GiG2 Si 1B.2 rigid fringepod Viola pinetorum ssp. grisea PDVIO04431 None None G4G5T3 S3 1B.3 grey -leaved violet Vireo bellii pusillus ABPBW01114 Endangered Endangered G5T2 S2 least Bell's vireo Record Count: 116 Commercial Version -- Dated October, 1 2017 -- Biogeographic Data Branch Report Printed on Thursday, October 26, 2017 D2-Pg 63 Page 6 of 6 Information Expires 4/1/2018 CNPS Inventory Results http://www.rareplants.cnps.orglresult.html?adv--t&quad=3411736:3411735:3411734:3411726:... Plant List 84 matches found. Click on scientific name for details Inventory of Rare and Endangered Plants Search Criteria Found in Quads 3411736, 3411735, 3411734. 3411726, 3411725, 3411724, 3411716 3411715 and 3411714; Modify Search Criteria'Wxoort to Excel Modify Columns"; Modify Sort12 Display Photos CA Scientific Name Common Name Family Lifeform Blooming Period RaRa Rare Plant State nk Rank Acanthoscyohus parishii var. Parish's oxytheca Polygonaceae annual herb Jun -Sep 4.2 S3S4 arishii Amaranthus watsonii Ambrosia monooyra Arctostaohylos glandulosa sso. aabrielensis Ascleoias nyctaginifolia Asplenium vespertinum Astragalus bicristatus Astragalus lentiainosus var. antonius Astragalus leucolobus Berberis nevinii Botrychium crenulatum Botrychium minganense Calochortus catalinae Calochortus clavatus var. gracilis Global Rank G4?T3T4 Watson's amaranth Amaranthaceae annual herb Apr -Sep 4.3 S3 G4G5 singlewhod burrobrush Asteraceae perennial shrub Aug -Nov 2B.2 S2 G5 San Gabriel manzanita Ericaceae perennial evergreen shrub Mar 1B.2 S3 G5T3 Mojave milkweed Apocynaceae perennial herb May -Jun 2B.1 S2 G4G5 western spleenwort Aspleniaceae perennial rhizomatous herb Feb -Jun 4.2 S4 G4 crested milk -vetch Fabaceae perennial herb May -Aug 4.3 S3 G3 San Antonio milk -vetch Fabaceae perennial herb Apr -Jul 16.3 S2 G5T2 Big Bear Valley woollypod Fabaceae perennial herb May -Jul 1B.2 S2 G2 Nevin's barberry Berberidaceae perennial evergreen shrub (Feb)Mar-Jun 1 B.1 S1 G1 scalloped moonwort Ophioglossaceae perennial rhizomatous herb Jun -Sep 2B.2 S3 G4 Mingan moonwort Ophioglossaceae perennial rhizomatous herb Jul -Sep 2B.2 S3 G4G5 Catalina mariposa lily Liliaceae perennial bulbiferous herb (Feb)Mar-Jun 4.2 S4 G4 slender mariposa lily Liliaceae perennial bulbiferous herb Mar-Jun(Nov) 1 B.2 S2S3 G4T2T3 I of 5 10/26/2017, 10:52 AM CNPS Inventory Results http://www.rareplants.cnps.orglresult.html?adwt&quad=3411736:3411735:3411734:3411726:... Calochortus Palmeri var. palmed Palmer's mariposa lily Liliaceae perennial bulbiferous herb Apr -Jul 1 B.2 S2 G3T2 Calochortus Plummerae Plummer's mariposa lily Liliaceae perennial bulbiferous herb May -Jul 4.2 S4 G4 CalVstepia felix lucky morning-glory Convolvulaceae annual rhizomatous herb Mar -Sep 3.1 SH GHQ CanbVa candida white pygmy -poppy Papaveraceae annual herb Mar -Jun 4.2 S3S4 G3G4 Carex occidentalis western sedge Cyperaceae perennial rhizomatous herb Jun -Aug 213.3 S3 G4 Castillela plagiotoma Mojave paintbrush Orobanchaceae perennial herb (hemiparasitic) Apr -Jun 4.3 S4 G4 Centromadia punciens ssp. laeyls smooth tarplant Asteraceae annual herb Apr -Sep 113.1 S2 G3G4T2 Chorizanthe lentotheca Peninsular spineflower Polygonaceae annual herb May -Aug 4.2 S3 G3 Chorizanthe parryi var. parryi Parry's spineflower Polygonaceae annual herb Apr -Jun 113.1 S2 G3T2 Chorizanthe xanti var. leucotheca white-bracted spineflower Polygonaceae annual herb Apr -Jun 16.2 S3 G4T3 Cladium californicum California sawgrass Cyperaceae perennial rhizomatous herb Jun -Sep 213.2 S2 G4 ClaVtonia lanceolata var. pelrsonii Peirson's spring beauty Montiaceae .perennial herb (Mar)May-Jun 3.1 S1 G5T1Q Deinandra paniculata paniculate tarplant Asteraceae annual herb (Mar)Apr-Nov 4.2 S4 G4 I Diplacus lohnstonii Johnston's monkeyflower Phrymaceae annual herb May -Aug 4.3 S4 G4 to Dodecahema leptoceras slender -horned spineflower Polygonaceae annual herb Apr -Jun 113.1 S1 G1 Ch DudleVa multicaulis many -stemmed dudleya Crassulaceae perennial herb Apr -Jul 1B.2 S2 G2 Eriastrum densifolium ssp. Santa Ana River woollystar Polemoniaceae perennial herb Apr -Sep 1B.1 St G4T1 sanctorum Eriaeron breweri var. iacinteus San Jacinto Mountains daisy Asteraceae perennial rhizomatous herb Jun -Sep 4.3 S4 G5T4 Eriogonum kennedvi var. alploenum southern alpine buckwheat Polygonaceae perennial herb Jul -Sep 1 B.3 S3 G4T3 Eriogonum microthecum var. northern limestone alpinum buckwheat Polygonaceae Y9 perennial herb Jul;Sep 4.3 S4 G5T4 Eriogonum microthecum var. Johnston's buckwheat Polygonaceae perennial deciduous shrub Jul -Sep 1 B.3 S2 G5T2 lohnstonii Eriogonum umbellatum var, minus alpine sulfur -flowered Polygonaceae perennial herb Jun -Sep 4.3 S4 G5T4 buckwheat Galium angustifolium ssp. San Antonio Canyon pabrielense bedstraw, Rubiaceae perennial herb Apr -Aug 4.3 S3 G5T3 Galium lohnstonii Johnston's bedstraw Rubiaceae perennial herb Jun -Jul 4.3 S4 G4 2 of 5 10/26/2017, 10:52 AM C'NPS Inventory Results http://www.rareplants.cnps.orglresu lt.htm I?adv=t&quad=3411736:3411735:3411734:3411726:... Helianthus nuttallii ssp. parishii Los Angeles sunflower Asteraceae perennial rhizomatous herb Aug -Oct 1A SH G5TH Heuchera abramsii Abrams' alumroot Saxifragaceae perennial rhizomatous herb Jul -Aug 4.3 S4 G4 Heuchera caespitosa um -flowered alumroot Saxifragaceae perennial rhizomatous herb May -Aug 4.3 S3 G3 Heuchera Darishii Parish's alumroot Saxifragaceae perennial rhizomatous herb Jun -Aug 1B.3 S3 G3 Horkelia cuneata var. puberula mesa horkelia Rosaceae perennial herb Feb-Jul(Sep) 1B.1 S1 G4T1 Hulsea vestita ssp. gabrielensis San Gabriel Mountains Asteraceae perennial herb May -Jul 4.3 S4 G5T4 sunflower Juglans californica Southern California black Juglandaceae perennial deciduous tree Mar -Aug 4.2 S3 G3 walnut Juncus duranii Duran's rush Juncaceae perennial rhizomatous herb Jul -Aug 4.3 S3 G3 Juncus nodosus knotted rush Juncaceae perennial rhizomatous herb Jul -Sep 2B.3 S3 G5 Lepechinia fragrans fragrant pitcher sage Lamiaceae perennial shrub Mar -Oct 4.2 S3 G3 Lepidium virginicum var. robinsonii Robinson's pepper -grass Brassicaceae annual herb Jan -Jul 4.3 S3 G5T3 Lewisia brachycalVx short-sepaled lewisia Montiaceae perennial herb (Feb)Apr- Jun(Jul) 2B.2 S2 G4 t7 I� Lilium humboldbi ssp. ocellatum ocellated Humboldt lily Liliaceae perennial bulbiferous herb Mar-Jul(Aug) 4.2 S3 G4T3 v Lilium Darryl lemon lily y Liliaceae perennial bulbiferous herb Jul -Au g 1B.2 S3 G3 � v Linanthus concinnus San Gabriel linanthus Polemoniaceae annual herb Apr -Jul 1B.2 S2 G2 Lupinus peirsonii Peirson's lupine Fabaceae perennial herb Apr -Jun 16.3 S3 G3 Monardella australis ssp. cinerea gray monardella Lamiaceae perennial rhizomatous herb Jul -Aug 4.3 S3 G4T3 Monardella australis ssD. iokerstii Jokerst's monardella Lamiaceae perennial rhizomatous herb Jul -Sep 16.1 S1 G4T1 Monardella macrantha ssD. hallii Hall's monardella Lamiaceae perennial rhizomatous herb Jun -Oct 1B.3 S3 G5T3 Monardella pringlei Pringle's monardella Lamiaceae annual herb May -Jun 1A SX GX Monardella saxicola rock monardella Lamiaceae perennial rhizomatous herb Jun -Sep 4.2 S3 G3 Muhlenbergia californica California muhly Poaceae perennial rhizomatous herb Jun -Sep 4.3 S4 G4 Navarretia Drostrata prostrate vernal pool Polemoniaceae annual herb Apr -Jul 1B.1 S2 G2 navarretia Opuntia basilaris var. brachvclada short -joint beavertail Cactaceae perennial stem succulent Apr-Jun(Aug) 1B.2 S3 G5T3 Oreonana vestita woolly mountain -parsley Apiaceae perennial herb Mar -Sep 1B.3 S3 G3 Orobanche valida ssp. valida Rock Creek broomrape Orobanchaceae perennial herb (parasitic) May -Sep 1 B.2 S2 G4T2 3 ol'5 10/26/2017, 10:52 AM CNPS Inventory Results http://NvwNv.rarepl ants.cnps.orglresu lt.html?adwt&quad=3411736:3411735:3411734:3411726:... Oxvtropis oreophila var. oreophila rock -loving oxytrope Parnassia cirrata var. cirrata San Bernardino grass -of - Parnassus Phacelia mohavensis Mojave phacelia Phacelia stellaris Brand's star phacelia Pseudognaphalium leucocephalum white rabbit -tobacco Fabaceae perennial herb Parnassiaceae perennial herb Hydrophyllaoeae annual herb Hydrophyllaceae annual herb Asteraceae perennial herb Quercus durata var. clabrielensis San Gabriel oak Fagaceae Sagittaria sanfordii Sanford's arrowhead Alismataceae Schoenus nlgricans black bog -rush Cyperaceae Senecio aphanactis chaparral ragwort Asteraceae Senecio astephanus San Gabriel ragwort Asteraceae Sidalcea neomexicana salt spring checkerbloom Malvaceae Sidotheca carVophylloides chickweed oxytheca Polygonaceae Sphenopholis obtusata prairie wedge grass Poaceae Streptanthus bernardinus Laguna Mountains Brassicaceae jewelflower SVmohvotrichum defoliatum San Bernardino aster Asteraceae SVmphyotrichum greatae Greata's aster Asteraceae SVntrichopappuslemmonii Lemmon'ssyntrichopappus Asteraceae Thvsanocarous rigidus rigid fringepod Brassicaceae Viola pinetorum ssp. grisea grey -leaved violet Violaceae Viola purourea ssp. aurea golden violet Violaceae perennial evergreen shrub perennial rhizomatous herb (emergent) perennial herb annual herb perennial herb perennial herb annual herb perennial herb perennial herb perennial rhizomatous herb perennial rhizomatous herb annual herb annual herb perennial herb perennial herb Jun -Sep 2B.3 Aug -Sep 1B.3 Apr -Aug 4.3 Mar -Jun 1B.1 (Jul)Aug- 28.2 Nov(Dec) Apr -May 4.2 May-Oct(Nov) 1 B.2 Aug -Sep 2B.2 Jan-Apr(May) 2B.2 May -Jul 4.3 Mar -Jun 2B.2 Jul-Sep(Oct) 4.3 Apr -Jul 2B.2 May -Aug 4.3 Jul -Nov 1B.2 Jun -Oct 1B.3 Apr-May(Jun) 4.3 Feb -May 1B.2 Apr -Jul 1 B.3 Apr -Jun 2B.2 S2 S2 S4 S1 S2 S3 S3 S2 S2 S3 S2 S4 S2 S3S4 S2 S2 S4 S1 S3? S2 G5T4T5 G5T2 G4Q G1 G4 G4T3 G3 G4 G3 G3 G4 G4 G5 G3G4 G2 G2 G4 G1G2 G4G5T3? G5T2 Suggested Citation California Native Plant Society, Rare Plant Program. 2017. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39). Website http://www.rareplants.cnps.org [accessed 26 October 2017]. Search the Inventory Information Contributors 1 4of5 10/26/2017, 10:52 AM CNPS inventory Results http://www.rareplants.enps.org/result.html?adv=t&quad=3411736:3411735:3411734:3411726:... Simple Search About the Inventory The Caltlora Database Advanced Search About the Rare Plant Program The California Lichen Society Glossary CNPS Home Page About CNPS Join CNPS © Copyright 2010-2018 California Native Plant Society. All rights reserved. 5 of 5 10/26/2017, 10:52 AM RESOLUTION NO.18-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FORA 1- YEAR TIME EXTENSION FOR PREVIOUSLY APPROVED TENTATIVE TRACT MAP 14749, TO SUBDIVIDE 168.77 ACRES INTO 269 RESIDENTIAL LOTS LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT AND FLOOD CONTROL (FC) DISTRICT WITHIN THE ETIWANDA NORTH SPECIFIC PLAN, AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1087-081-04, 05, 06, 07, 08, 09, 10, 11 & 14 A. Recitals. 1. WSI Highland Investment, LLC, filed an application for the extension of the approval of Tentative Tract Map No. 14749, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map Time Extension request is referred to as "the application." 2. On July 21, 2004, the City Council adopted its Resolution No. 04-243, thereby approving the application subject to specific conditions and time limits. 3. On June 8, 2011, this Commission adopted its Resolution No. 11-26, thereby approving a one-year time extension and amending the conditions. 4. On January 25, 2017, this Commission adopted its Resolution No. 17-06, thereby approving a one-year time extension and amending the conditions. 5. On January 24, 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above - referenced public hearing on January 24, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The applicant is requesting a Time Extension to extend the expiration of the approval period for Tentative Tract Map 14749 from January 27, 2018, to January 27, 2019; and b. The City's Subdivision Ordinance (Municipal Code Section 16.16.160) states that approved Tentative Tract Maps are valid for 3 years. The applicant may request up to five (5) 1-year extensions (Municipal Code Section 16.16.170), which must be approved by the Planning Commission; and D2—Pg 70 PLANNING COMMISSION RESOLUTION NO. 18-02 TIME EXTENSION DRC2017-00982 January 24, 2018 Page 2 C. Tentative Tract Map 14749 (SUBTT14749) was approved by the Planning Commission on June 9, 2004 (Exhibit C). This approval was appealed to the City Council on July 21, 2004. The appeal was denied and the project was approved with the second reading of Ordinances No. 729 (Specific Plan Amendment) and No. 730 (Development Agreement) on August 4, 2004. A lawsuit was subsequently filed on August 18, 2004, against the City over the approved project (Spirit of the Sage Council vs. City of Rancho Cucamonga, with the applicant, Traigh Pacific L.P., as the Real Party of Interest). The case was settled on December 20, 2005, with the applicant agreeing to pay a settlement to the petitioner and the original City approval remaining intact. The settlement agreement became effective on February 10, 2006, with the lawsuit dismissed 7 days later on February 17, 2006; and d. Because of a lawsuit filed on August 18, 2004, and subsequently settled on February 10, 2006, on June 12, 2007, the City's attorney informed staff that pursuant to Government Code Section 66452.6 (c), the subject tentative tract map was entitled to an automatic time extension for the period between the date the lawsuit was filed (August 18, 2004) and the date the lawsuit was settled (February 10, 2006), or 541 days. The duration of the approval period for tentative tract maps is 3 years. Thus, the start date of the approval period was the date of the second reading by the City Council for the Specific Plan Amendment and the Development Agreement (final approval of all aspects of the project) was August 4, 2004. With the time extension due to the lawsuit taken into consideration, the official start date of the approval period for SUBTT14749 was January 27, 2006, with the expiration date occurring on January 27, 2009. In the interim, the State legislature passed four bills (SB1185, AB333, AB208 and AB116) that granted automatic time extensions for all tentative maps that qualified. This lengthened the approval period for the subject tentative tract map by a total of 7 years. Additionally, the Planning Commission approved two separate one-year time extensions on the dates shown in the table below. With these extensions, Tentative Tract Map SUBTT14749 now has an expiration date of January 27, 2018. The subject Time Extension application, DRC2017-00982, is the third one-year time extension of Tentative Tract Map 14749. 7, Tentative.TractMa;1,4Z49?T1rae , T��.;e<� ' Approvalvat' x iration p a A" rovm AUthorlt ' �rA roVaI Extension,T e, �;xw= s f,Penod��� - �A roval;Date ^ 1.E �a �Date`'�t, ; Tentative Tract Map City Council CC Reso 04-243 3 Years Aug4, 2004 Lawsuit settled 541 days after approval Jan 27, 2006 Jan 27, 2009 Senate Bill 1185 Automatic Extension 1 Year Jan 27, 2009 Jan 27, 2010 Assembly Bill 333 Automatic Extension 2 Years Jan 27, 2010 Jan 27, 2012 Planning Time Extension Commission PC Reso 11-26 1 Year Jun 8, 2011 Jan 27, 2013 Assembly Bill 208 Automatic Extension 2 Years Jan 27, 2013 Jan 27, 2015 Assembly Bill 116 Automatic Extension 2 Years Jan 27, 2015 Jan 27, 2017 Planning Time Extension Commission PC Reso 17-06 1 Year Jan 25, 2017 Jan 27, 2018 Planning Time Extension Commission DRC2017-00982 1 Year Jan 24, 2018 Jan 27, 2019 e. The Time Extension is being requested in order to provide additional time for the applicant to work toward recording the final map and preparing related improvement plans. The applicant is not requesting any changes to the approved map; and D2-Pg 71 PLANNING COMMISSION RESOLUTION NO. 18-02 TIME EXTENSION DRC2017-00982 January 24, 2018 Page 3 f. The previously approved Tentative Tract Map SUBTT14749 is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and g. The Time Extension of the Tentative Tract Map SUBTT4749 approval will not cause significant inconsistencies with the current General Plan, specific plans, ordinances, plans, codes, and policies; and h. The Time Extension of the Tentative Tract Map SUBTT14749 approval is not likely to cause public health and safety problems; and The Time Extension is within the time limits established by State law and local ordinance; and 3. Based upon the substantial evidence presented to this Commission during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The previously approved Tentative Parcel Map is consistent with the City's current General Plan, specific plans, ordinances, plans, codes, and policies. The proposed project is to subdivide the property into 269 lots for future single-family residential development and is consistent with the district of the project site. b. The site is physically suitable for the type and density of the proposed subdivision. The properties to the west are developed with single-family residential homes. The properties to the north and south contain Southern California Edison transmission lines. The property to the east contains flood control improvements. The installation of various improvements, including street and drainage improvements, will be required to be installed by the Engineering Department as conditions of approval with the development of this site. C. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed project is to subdivide the property for future residential development— no development of the site is proposed at this time. d. The proposed subdivision complies with each of the applicable provisions and standards outlined of the Etiwanda North Specific Plan, including minimum lot width and depth and minimum lot area. e. The extension is within the time limits established by State law and local ordinance. State law allows for one-year time extensions. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: D2—Pg 72 PLANNING COMMISSION RESOLUTION NO. 18-02 TIME EXTENSION DRC2017-00982 January 24, 2018 Page 4 a. Pursuant to the California Environmental Quality Act ("CEQK) and the City's local CEQA Guidelines, the City certified an Environmental Impact Report (EIR) on July 21, 2004 (State Clearinghouse #2003081085) in connection with the City's approval of Tentative Tract Map SUBTT14749. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the time extension request, that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR. The amount of lots being proposed is not being modified and the design of the tract will remain the same as originally approved. Staff further finds that the project will not have one or more significant effects not discussed in the previously certified EIR, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. The proposed time extension request does not raise or create new environmental impacts not already considered in the Environmental Impact Report for the tract map. C. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the time extension. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3 and 4 above, this Commission hereby grants a time extension for: Tentative Tract Applicant Expiration SUBTT14749 WSI HIGHLAND INVESTMENTS, LLC January 27, 2019 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA L'-l'E ATTEST: Francisco Oaxaca, Chairman Candyce Burnett, Secretary D2—Pg 73 PLANNING COMMISSION RESOLUTION NO. 18-02 TIME EXTENSION DRC2017-00982 January 24, 2018 Page 5 I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certifythatthe 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 24th day of January 2018, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: D2—Pg 74